Merkley Statement on GAO Determination That Trump Administration Violated the Impoundment Control Act by Withholding NIH Grant Funding

Merkley Has Called on GAO to Investigate the Trump Administration’s Violations of the Impoundment Control Act

WASHINGTON, D.C. – Today, the nonpartisan Government Accountability Office (GAO) published additional findings that the Trump Administration has violated the Impoundment Control Act by withholding appropriated National Institutes of Health (NIH) grant funding. U.S. Senator Jeff Merkley (D-OR), Ranking Member of the Senate Budget Committee, released the following statement.

“Withholding National Institutes of Health grant funding – that was appropriated by Congress and signed into law by the President – is not only dangerous but could be deadly. Sadly, that’s exactly what Donald Trump and Russ Vought are doing – putting the health and safety of hardworking families across this country at risk by violating the law and impounding funding. Thanks to the excellent work the NIH supports, families can rely on countless cutting-edge treatments for cancers, rare diseases, cardiovascular diseases, and neurodegenerative diseases.” said Ranking Member Jeff Merkley.

“Donald Trump is not a king, and the laws of our land are not suggestions. Congressional Republicans need to stop placating the administration and start holding Trump and his administration accountable for not following the law.”

The nonpartisan Congressional Budget Office (CBO) told Merkley last month that the Trump Administration’s proposed deep cuts to the NIH and the Food and Drug Administration (FDA) will result in fewer new medicines being made available for patients with unmet needs. CBO’s analysis shows that a 10 percent cut to the NIH and a 9-month delay in FDA review timelines would lead to 53 fewer new drugs approved for patients. The Trump Administration has proposed a nearly 40 percent cut to the NIH’s budget, suggesting the harms could be far greater than what CBO estimates. In fact, the proposed cuts are so enormous that CBO’s own model is unable to produce an estimate.

Merkley has led the charge in calling on GAO to investigate the Trump Administration illegally impounding funds.

Below are key excerpts from the GAO’s determination:

“Based on publicly available evidence and the lack of any special message pertaining to NIH funds, GAO concludes that NIH violated the ICA by withholding funds from obligation and expenditure.”

“As noted previously, between February 2025 and June 2025, over 1,800 NIH grants were terminated. During this same time period, agency data on USAspending.gov indicates that NIH obligated a lower amount toward awards, as compared to previous fiscal years. Between February and June of FY 2025, NIH obligated almost $8 billion less than it had in the same time period in FY 2024.”

“[...] the Administration has not sent a special message under the ICA related to NIH. Nevertheless, publicly available evidence shows that NIH withheld funds from obligation and expenditure in its efforts to implement various executive orders and the HHS Pause on Communications Memorandum”

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