Restore Congressional Control Over Federal Appropriations

OMB’s Withholding of Funds Violates the Constitution I am writing to express grave concern about the unconstitutional actions of the Office of Management and Budget (OMB) in withholding congressionally appropriated funds. This conduct undermines the separation of powers, violates the Impoundment Control Act of 1974, and strikes at the core of Congress’s exclusive power of the purse. The actions being taken today echo President Trump’s first term, when OMB withheld security assistance to Ukraine—an act so serious it contributed directly to his impeachment. The Impoundment Control Act and Executive Overreach Under the Impoundment Control Act, the executive branch may only seek rescission or deferral of appropriated funds through formal procedures and congressional approval. OMB has instead conditioned the release of billions of dollars on policy “litmus tests,” withheld funding for critical areas such as housing and education, and pursued “pocket rescissions” designed to evade congressional oversight. Courts have already ruled that some of these actions, including withholding funds from the National Endowment for Democracy, are unlawful. Transparency and Accountability Must Be Restored OMB has also attempted to conceal its actions by removing apportionment schedules from public view—records Congress and the public are entitled to examine. This mirrors tactics previously ruled improper by the Government Accountability Office when it found that OMB’s delay of Ukraine military aid was illegal because it was withheld for policy reasons, not permitted by law. Requested Action by Congress I urge you to act decisively to defend congressional authority and restore the checks and balances our Constitution requires: 1. Demand immediate release of all unlawfully withheld funds. 2. Hold hearings on OMB’s abuse of apportionment authority. 3. Request GAO investigations into ongoing impoundments. 4. Support legislation that strengthens enforcement of the Impoundment Control Act and imposes penalties for executive noncompliance. Closing Appeal The power of the purse is not optional—it is foundational. If Congress allows OMB to bypass the law and impose political conditions on spending, the legislature’s constitutional role will be hollowed out. I respectfully call on you to safeguard your constitutional prerogatives and ensure that appropriated funds are delivered as Congress intended.