www.americanprogressaction.org

Nonetheless, Trump violated the Impoundment Control Act when he impounded money in 2019.6 Trump has vowed to try to create"or, in his view, restore"presidential impoundment authority, saying he "will do everything I can to challenge the Impoundment Control Act in court, and if necessary, get Congress to overturn it."7

Project 2025 and impoundment
Vought, a lead author of Project 2025 and director of the OMB when the Trump administration impounded funds in violation of the Impoundment Control Act, has similarly argued that the law is unconstitutional.8 And while Project 2025 is deliberately ambiguous, its intent is clear: to grant vast power to the president.

The Trump administration impounded funds in violation of the Impoundment Control Act by abusing the "apportionment" process.9 After funding is appropriated, the OMB apportions the money to agencies on a quarterly basis, or by program, project, or activity, making that part of the funding available for legal obligation. A precursor to apportionment dates back to an 1870 budget law and was created to ensure that federal money is spent in a timely manner, to ensure both that the money is not all used up before the period of availability ends and that agencies are on pace to use all the money.10 In 2019, the Trump administration used the apportionment process to illegally withhold a specific pot of money from obligation by the U.S. Department of Defense (DOD).11