Does the law allow the executive branch to unilaterally withhold funding approved by Congress?
Congress sought to reenforce its power over federal spending with 1974 legislation requiring that the President obtain its approval to withhold appropriated funds. The executive branch may in some cases delay funding by up to 45 days, pending congressional assent.
The law raises questions about plans outlined in a recent Trump administration order to restrict funding to cities it finds to be permitting anarchy and violence. An earlier effort to hold back certain funding from localities that don't cooperate with immigration enforcement authorities continues to face legal challenges. Appeals courts have reached conflicting opinions on the terms of a specific grant program, permitting the Justice Department to withhold funding under that specific program from some cities and states but not others.
