Merkley Statement on Additional GAO Determination That Trump Administration Again Violated the Impoundment Control Act

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 funding for the Department of Energy’s Renew America’s Schools Program, which is intended to help K-12 public schools make necessary energy infrastructure improvements across the country. U.S. Senator Jeff Merkley (D-OR), Ranking Member of the Senate Budget Committee, released the following statement.

“Once again, we’re seeing proof that this administration is in clear violation of the law under the Impoundment Control Act. These funding levels are not suggestions for Trump and Vought to ignore – but bipartisan laws – that the President is constitutionally bound to follow – to meet the needs of hardworking Americans across the country,” said Ranking Member Jeff Merkley.

“Donald Trump is not a king, and Congressional Republicans must start holding him and his administration accountable for not following the law.”

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:

“We find that DOE violated the ICA. Considering that the funds were withheld for policy reasons and the uncertainty of whether DOE has or will resume obligating FY 2025 funds for the Schools Program, we conclude DOE violated the ICA when it delayed the obligation of FY 2025 Schools Program funds.”

“[T]he ICA does not forbid executive branch officials from having policy preferences. But it does prevent those officials from impounding funds in furtherance of their policy preferences contrary to the policies that Congress enacted into law. DOE has not advanced any reasons for the delay in obligating FY 2025 funds by making awards under the third round other than a policy review, and we have long held that a withholding of funds solely for policy reasons is impermissible under the ICA.”

“DOE must prudently obligate Schools Program funding until such time as Congress passes a law canceling the Schools Program’s unobligated balances.”

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