07.23.25

Merkley Statement on GAO’s Determination Showing the Trump Administration Again Violated the Impoundment Control Act by Withholding Funding for Head Start

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

WASHINGTON, D.C. – Today, the Government Accountability Office (GAO) published an additional finding that the Trump Administration has violated the Impoundment Control Act by withholding appropriated funding for the U.S. Department of Health and Human Services’ Head Start program, which promotes school readiness, nutrition, and health of children from low-income families, including infants, toddlers, and pregnant women. U.S. Senator Jeff Merkley (D-OR), Ranking Member of the Senate Budget Committee, released the following statement.

“The President is not a king, and laws are not suggestions,” said Ranking Member Jeff Merkley. “Once again, we’re seeing proof that this administration is in clear violation of the law under the Impoundment Control Act. The funds appropriated by Congress are not merely suggestions for Donald Trump and Russ Vought to ignore – these are funds that hardworking families rely on, and Head Start is essential to making sure the doors of opportunity are open to every child in our country.

“It is well past time that Congressional Republicans hold the administration accountable for these illegal actions and demand that it follows the letter of 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:

“Given the absence of information from HHS, we have based this letter upon publicly available evidence. Because that evidence indicates that HHS withheld appropriated funds from expenditure, and because the burden to justify such withholdings rests with HHS and the executive branch, we conclude that HHS violated the ICA by withholding funds from expenditure.”

“Head Start recipients in over twenty states have reported delays in accessing funds.”

“The burden to justify a withholding rests with the agency; absent a sufficient justification, we will find that an impoundment has taken place. Here, HHS has not provided requested factual information nor its legal views on the matter.”

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