Senators Press Russell Vought on Withholding of Appropriated Funds and Impoundment Authority

The Senate Committee on Homeland Security and Governmental Affairs heard extended questioning on January 15, 2025, about Russell Vought's past decisions as OMB director to withhold or delay funds that Congress had appropriated.

The line of questioning centered on several contested episodes from Vought's prior time at OMB. Senator Gary Peters, the committee's ranking member, told the nominee that a 2019 OMB decision had illegally withheld $214,000,000 that Congress had appropriated for Department of Defense security assistance to Ukraine and cited a Government Accountability Office finding that OMB violated the Impoundment Control Act. Peters also cited a HUD inspector general finding that disaster relief funding for Puerto Rico had been inappropriately delayed.

"The Constitution . . . gives Congress the responsibility to decide how federal resources should be spent," Peters said. "It is my expectation that if confirmed, you will do the same." Peters added that the GAO found OMB under Vought's leadership had "broke[n] the law 8 times." (Sen. Gary Peters)

Vought answered he would "always commit to upholding the law," but repeatedly characterized some statutory limits on executive discretion as matters the incoming administration would review. Asked directly whether he believed the Impoundment Control Act is "the law of the land," Vought replied it is the law but said President-elect Trump and his team had questioned its constitutionality and that "the administration is going to take the president's view on this . . . work it through with the lawyers of the Department of Justice" as part of a policy process. When asked later by another senator whether he believed the Impoundment Control Act is constitutional, Vought replied, "No. I don't believe it's constitutional." (Russell Vought)

Senator Richard Blumenthal pressed Vought for an unequivocal pledge to release recently appropriated disaster relief and security-assistance funds promptly. Vought replied he would continue OMB practice "to release the money that's appropriately been funded for these areas," but also said he would not "get ahead of the policy process of the incoming administration" on questions about specific foreign-aid packages.

Several senators emphasized the constitutional tension they see between presidential authority and Congress's power of the purse. Blumenthal called the nominee's statements "astonishing," noting that Supreme Court precedent and long-standing practice uphold the Impoundment Control Act. Peters said he would submit follow-up questions for the record.

The committee did not vote on the nomination during the hearing. Members said they intend to seek additional documents and written answers before any committee vote.

Provenance: the committee record includes the GAO and HUD inspector-general findings raised by senators and Vought's testimony in response; committee members indicated they will pursue follow-up questions and documents.