GAO Finds New Impoundment Violations as the House Proposes a 25% Cut to Congress's Watchdog
On October 7, 2026, the Government Accountability Office issued two more decisions finding that the executive branch broke the Impoundment Control Act. One concerned the EPA’s Community Change Grants. The other found that HHS’s Agency for Healthcare Research and Quality withheld more than $78 million that Congress had appropriated.
They join a long list. In 2025 GAO found violations involving electric-vehicle charging money under the NEVI program, the Institute of Museum and Library Services, Head Start, the National Institutes of Health, FEMA and, in part, a DOE school-energy program. By April 2025 it had 39 impoundment investigations open.
At the same time, the House is proposing to shrink GAO by a quarter.
Photo: Coolcaesar, CC BY-SA 3.0 via Wikimedia Commons
What GAO does in these fights
The Impoundment Control Act of 1974 says that when a President wants to cancel money Congress has appropriated, he has to ask Congress, which has 45 days of session to agree. If it doesn’t, the money must be spent. GAO’s job under the Act is to check whether money is being withheld illegally, to report to Congress, and in the last resort to sue.
The current administration disputes all of that. OMB Director Russell Vought has said GAO shouldn’t exist. OMB’s general counsel told an agency to disregard a GAO opinion. GAO’s findings are legal conclusions, and agencies aren’t forced to follow them unless a court agrees.
Pocket rescissions
The sharpest dispute is over a technique called a pocket rescission. Near the end of a fiscal year, the President proposes canceling money that’s about to expire. If the 45-day clock is still running when the money expires on September 30, it lapses whether Congress agreed or not.
On August 28, 2025, the President sent 15 such rescissions totaling nearly $5 billion in foreign aid. The closest precedent was a $21 million request by Jimmy Carter in 1977. GAO’s view is that pocket rescissions are unlawful. On September 26, 2025, the Supreme Court let the administration withhold about $4 billion of foreign aid while litigation continued, over the dissent of three justices.
It happened again this year. On September 25, 2026, a new special message proposed rescinding about $810 million in 11 accounts. On September 29 GAO ruled that the funds couldn’t be withheld past the end of the fiscal year. The congressional review period runs to at least November 9.
The budget squeeze
GAO’s budget for fiscal 2026 was $811.9 million. The House bill for that year would have cut it almost in half, to $415.4 million, and required congressional consent before GAO could sue over impoundments. The Senate didn’t agree, and the final law, signed on November 12, 2025, kept GAO flat and dropped the lawsuit restriction.
For fiscal 2027 the House is trying again: $612 million, about $200 million less, plus the same limit on lawsuits. GAO’s acting head, Orice Williams Brown, has told Congress that even GAO’s own $860 million request would leave it at about 3,100 staff, more than 450 below its 2024 level; the House figure would cut deeper. Rep. Rosa DeLauro puts the likely layoffs at about 1,000. Williams Brown has led GAO since Gene Dodaro retired at the end of 2025. No permanent Comptroller General has been confirmed.
All of this is now tied up in the stopgap that funds the government only to December 11.
How other countries protect their auditors
GAO works for Congress, and that’s its strength. It’s also its weak spot, because Congress sets its budget every year.
Other democracies have built more insulation. Germany’s Federal Court of Audit has judicial independence written into the constitution. Britain’s National Audit Office has its budget overseen by a parliamentary commission rather than the government of the day. Neither model stops a determined majority, but both make cutting the auditor a visible, deliberate act.
GAO still produces the numbers others rely on. Its latest duplication report, in May 2026, put cumulative financial benefits from its work since 2011 at about $774 billion, with more than $100 billion more available if open recommendations were acted on. It was also GAO that found DOGE’s savings claims could not be verified.
A smaller GAO would issue fewer of those reports, and fewer impoundment decisions. That is the point of the fight, on both sides.