Sen Bee. Wnited States Senate See nee aan COMMITTEE ON APPROPRIATIONS ne a WASHINGTON, D¢ 20510-0025 —_——— iparoratons senate gor January 24, 2017 The Honorable Donald J. Trump President of the United States The White Hou: 1600 Pennsylvania Avenue, NW Washington, DC 20500 Dear Mr. President: On January 23, 2017, the press began citing reports of a “freeze” to grants and contracts at the Environmental Protection Agency (EPA). As Ranking Member on the Senate Appropriations Subcommittee on the Department of the Interior, Environment, and Related Agencies, | am deeply concerned about this abrupt and unexplained action potentially affecting funding for dozens of programs under this subcommittees jurisdiction. Agency grantees from New Mexico have been contacting my office alarmed by these reports and the lack of any clear information from the agency. A Presidential transition is a busy time, and it is reasonable for incoming officials to evaluate programs under their purview for a brief period. However, I am alarmed that Congress, and specifically our subcommittee that funds EPA, were not notified of such a freeze by administration officials or EPA — I only leamed of this development from press reports. I was even more alarmed that attempts to secure details on this action yielded nothing more than an unattributed — and extremely unspecific — paragraph copied into an email chain. Appropriations Committee oversight over agency use of funds is an extremely serious matter, derived from clear constitutional authority. To this date, I remain unaware of the authorities or identity of the individual or individuals issuing such direction or the process being used to implement such direction. Further, despite repeatedly asking questions of ageney staff, | still have not received any detail on what EPA programs are, or are not, affected by such a freeze = nor how long such a freeze will last Congress appropriated funds for EPA to carry out programs protecting human health and the environment, and such funding is not subject to deferral, reduction, or reallocation, as confirmed by the Supreme Court over 40 years ago (Train vs. City of New York, 42 U.S. 35) and long- standing budget laws (Congressional Budget and Impoundment Control Act of 1974, 2 U.S.C. 681-688). Without notification or detail, I am unable evaluate the administration's actions to determine if the law is being followed properlyTrespectfully request that the administration provide the subcommittee with the following information: © Complete text of any and all orders related to the “freeze” described in the press by transition officials; the duration of such a freeze; which programs are, of ate not, included in such a freeze; and the name and position of the official issuing such direction. * A detailed report describing the outcomes of each and every change implemented as @ result of such a freeze. This information should include, but is not limited to, changes in grantee allocations or formulas, changes to timing or amounts of funding distributions, and contracts cancelled or changed. The American people deserve an open and transparent budget process. This includes prompt notification to the subcommittee on any and all actions involving funding under our jurisdiction and comprehensive details on the scope and impact of such actions. appreciate your prompt response to this request by no later than February 3, 2017. rw, le Senator Tom Udall Ranking Member, Subcommittee on the Department of the Interior, Environment, and Related Agencies United States Senate CC: Gene Dodaro, Comptroller General of the United States, Catherine MeCabe, Acting Administrator, Environmental Protection Agency Mark Sandy, Acting Director, Office of Management and Budget