Mr. President, I rise today to oppose Russell Vought's nomination to be the Director of the Office of Management and Budget. As the ranking member of the Homeland Security and Governmental Affairs Committee, I have worked hard and across…
Mr. President, I rise today to oppose Russell Vought's nomination to be the Director of the Office of Management and Budget.
As the ranking member of the Homeland Security and Governmental Affairs Committee, I have worked hard and across the aisle to strengthen our Federal Government's effectiveness in providing services that Americans rely on every day, to improve transparency in the way government operates, and to make sure taxpayer dollars are always used efficiently.
These are some of the most fundamental roles the Federal Government plays in the daily lives of Americans, and we are duty-bound to ensure that they continue. But if Russell Vought is confirmed to lead the Office of Management and Budget, I am concerned that he will throw these principles out the window and wreak havoc on the services that Americans count on from the Federal Government every day.
Although it may not be the most well-known Agency, the Office of Management and Budget, or OMB, is a critical office in the Executive Office of the President, with significant responsibilities ranging from developing and executing the budget approved by Congress to improving Agency performance and reviewing regulations.
The actions carried out at OMB affect the daily lives of millions of Americans, and this little-known Agency controls nearly every action that other Federal Agencies take, directing Agency policies as well as controlling their budgets.
OMB is charged with allocating Federal resources that Congress appropriates to Agencies that protect our national security, help communities
recover from natural disasters, and provide vital services like Social Security, Medicare, and veterans services. This funding helps hire police officers and firefighters. It helps provide families with heating assistance in the cold winter months. It helps towns and cities upgrade their roads and bridges.
OMB's work matters to every American, and we cannot confirm someone to lead this Office who will not act in the best interest of every American.
As the great American poet Dr. Maya Angelou once said, when people show you who they are, you should believe them the first time.
Russell Vought has repeatedly shown us and told us who he is. He is someone who has and will continue to willfully break the laws passed by Congress, at the direction of the President, to fundamentally alter how the Federal Government works for the American people. Vought's abject disregard for the Constitution and the rule of law and his willingness to pick which Americans are winners and losers under the Trump administration completely disqualify him from serving in this important role.
I want to start by revisiting the illegal and dangerous actions that Russ Vought took when he served as OMB Director during the first Trump administration.
During his previous tenure in leading the Office of Management and Budget, Vought brazenly and willfully flouted the laws passed by Congress that direct how Federal resources should be spent. On multiple occasions, Vought refused to disburse funds that Congress passed on a bipartisan basis to address serious national security concerns and to protect the safety of our country. For example, Vought directed the OMB to withhold vital security assistance to Ukraine--assistance that Congress directed to be spent with bipartisan backing. This action put our country's security at risk by extorting Ukraine--a very valuable ally fighting to stop Putin's illegal actions.
This extortion wasn't to help advance some official U.S. foreign policy or perhaps support our Nation's standing and security around the world, no. It was an action intended to help President Trump politically as he tried to discredit Joe Biden during the 2020 Presidential election. And you don't have to take my word for it; the Government Accountability Office investigated and confirmed that this was a violation of the law.
On top of that, Vought willfully delayed sending vital disaster relief to Puerto Rico as communities were struggling to recover from the devastations of Hurricanes Maria and Irma. Again, Congress passed a law to provide this funding--funding that was desperately needed to help recover from these destructive hurricanes. Then again, Congress passed a law specifically requiring the funds to be disbursed on time to people in desperate need. Mr. Vought delayed it. He delayed those funds. He broke the law, and he prolonged the suffering and the recovery of the communities that needed immediate help.
In 2021, the inspector general for the Department of Housing and Urban Development confirmed that Vought's refusal to send hurricane relief assistance was an inappropriate action and that it caused real harms for the people of Puerto Rico.
The inspector general's report stated:
Brian Montgomery, the former Deputy Secretary and Acting
Secretary of HUD, recalled telling former OMB Director Vought
that OMB's actions were tantamount to holding disaster relief
funds hostage.
When asked what he meant by the ``hostage'' statement, Montgomery told the OIG that these demands slowed down the fund of aid that was desperately needed by people in a very desperate situation.
The report also concluded that this violation of the law caused serious delays in getting assistance to victims.
In addition to this devastating delay, the Office of Inspector General also detailed how Vought and OMB, under his leadership, stonewalled and failed to cooperate with their independent oversight investigation.
Again and again, when Russell Vought ran OMB, he ignored laws passed by Congress that directed how taxpayer money should be spent and failed--failed--to cooperate with the independent oversight investigation of his illegal actions.
A 2020 investigation by the Government Accountability Office found that under Mr. Vought's leadership, OMB broke the law eight more times by directing certain Federal Agencies to continue to operate during the 2018 shutdown--eight more times breaking the law. Mr. Vought is on the record.
When he pressed him about these actions during the confirmation hearing, Vought said:
We had a different view of the law. In the shutdown, there
was a lot of precedent. We found that these aren't legal
decisions. Every time you have a different play call, GAO
will look at that. There will be different views between the
executive branch and the legislative branch.
A different view of the law?
While Mr. Vought casts this as just a difference of opinion, what he is really saying--let's be clear--is that he does not need to follow the law. He thinks that he is above the law. Each of these violations underscores his consistent obstruction of oversight and a troubling tendency to prioritize political agendas over following the law, which endangers the safety and the welfare of our citizens.
I have said it multiple times today, but I will repeat it: Russell Vought has shown us who he is. We have a duty and an obligation to take him at his word and believe him.
His repeated violations of the law have far-reaching implications. We are a nation that was built on the rule of law. When leaders and officials break the law with absolute impunity, then the guardrails have fallen off, and our democracy is deeply broken. Mr. Vought's actions have undercut transparent oversight and have caused the most foundational, fundamental tenet of democratic governance--the rule of law--to crumble.
He didn't stop after his time at OMB was up. In the years since, Russell Vought has been hard at work memorializing his playbook to break the law and give the President unilateral power as part of Project 2025. He literally wrote the Project 2025 chapter on the executive Office of the President and how to use the OMB to consolidate even more power with the executive branch.
In his Project 2025 chapter, where he spells out as plain as day how he plans to violate the law again if he is confirmed, he wrote that he will recruit staff who are ``creative and fearless in his or her ability to challenge legal precedent.'' Mr. Vought is saying loud and he is saying it clear: If we confirm him as the Director of OMB, he will use every tool that he has to say what the law is. He--he--gets to decide, not Congress, not the Constitution, and not the courts. That is wrong, and it goes against everything our Founders believed when they wrote our Constitution and created a unique system of checks and balances.
Every Member of the Senate and every Federal employee swears an oath to uphold the Constitution of the United States as they execute their duties. I swore that oath when I joined the U.S. Navy Reserve and again as a Member of the U.S. House of Representatives and finally here in the U.S. Senate. The Constitution gives Congress the power to determine how Federal resources are to be spent.
Article I of the Constitution specifically gives Congress the power of the purse. This is not some gray area. This is not unsettled law. This is written in our Nation's most critical founding document.
The Constitution also requires that the President faithfully execute the laws that Congress passes--again, faithfully execute, not that the laws should be executed to the President's or Russell Vought's liking or be aligned with the President's policy priorities or campaign promises, but as Congress wrote them.
I would hope that any official confirmed and who swears an oath to uphold the Constitution will do so, but unfortunately, as I laid out previously, Russell Vought has a long history of breaking these very laws the Constitution instructs him to actually uphold.
We already ran through several key examples of how Mr. Vought routinely broke the law, but I would like to do a little deeper dive into the history of these laws and why Congress thought it was necessary to pass them in the first place.
During the Nixon administration--an administration that routinely
stretched the law to strengthen Presidential powers--the President also attempted to use impoundment. In 1970, President Nixon began making deep cuts to programs that communities all across America depended upon to keep families healthy, to keep them fed, educated, and safe.
In moments throughout our history, Congress gave the President the specific and limited ability to not spend the full amount of that appropriation. President Nixon, however, took the idea of refusing to spend appropriations to a whole new and disastrous level. Nixon sought to reshape domestic spending and undermine lawful congressional appropriations by broadly withholding Federal funding for a wide variety of programs that communities all across America depended upon-- programs like food assistance, safe drinking water, childcare funding, and programs to promote economic opportunity.
President Nixon just didn't curtail select projects or limit additional funds to larger programs; his administration tried to use impoundment to terminate whole programs that he opposed--programs that thousands of communities depended upon and that Congress legally funded.
In 1970 and 1971, Nixon made deep cuts to the education, housing, and social services programs. In 1973, Nixon withheld more than $400 million from the Federal food stamp program that prevented millions of children and families from living in hunger. Then Nixon tried to withhold $8 billion appropriated for water reclamation, which is used to recycle water for safe drinking, farm irrigation, and restoring local environments.
President Nixon tried to paint his efforts to withhold Federal funding as a way to check inflation when, in fact, this was an attempt to unilaterally reshape government without taking into consideration the priorities and the needs of American communities that are represented by their Members of Congress. That is why--that is why-- Congress came together to take up and pass the Congressional Budget and Impoundment Control Act of 1974.
I think this is an interesting point: As President Nixon was doing this, these laws passed unanimously in the U.S. Congress. All Republicans and all Democrats in the Senate passed them unanimously. Apparently, that was at a time when Republican Members of the Senate had a backbone to stand up to a President who was acting illegally. And even in the House, it was almost unanimous. Apparently, Republican Members of the House had a backbone then to stand up to a President who acted illegally.
The law says that, as a general principle, the President may not refuse to spend funds that Congress has appropriated. The Impoundment Control Act also specifies that the President may request that Congress rescind appropriated funds, but the law makes it clear that if both the House and Senate do not approve a rescission request, Agencies must disburse those funds within 45 days. The President cannot unilaterally decide to withhold funds that Congress has appropriated.
Congress has clearly spoken on how and when the President can propose lawful rescissions. The Impoundment Control Act is the law of the land, and it provides a transparent and democratic process to rescind funds-- procedures that reinforce core constitutional principles of the congressional power of the purse.
In case after case, Federal courts, including the Supreme Court of this country, have found that the President has no unilateral power to cancel appropriations--again because Congress, not the President, holds the power of the purse.
Even conservative judicial figures who you might expect would support broader Executive powers, especially at this trying moment in our Nation's history, have rejected the concept of inherit Presidential impoundment.
In the 1998 Supreme Court case of Clinton v. City of New York, Justice Scalia wrote:
President Nixon, the Mahatma Gandhi of all impounders,
asserted at a press conference in 1973 that his
``constitutional right'' to impound appropriated funds was
``absolutely clear.'' Our decision two years later in Train
v. City of New York, proved him wrong.
In a 2013 case before the DC Circuit Court of Appeals, Justice Kavanaugh recognized that ``a President sometimes has policy reasons (as distinct from constitutional reasons) for wanting to spend less than the full amount appropriated by Congress for a particular project or program. But in those circumstances''--
You have got to hear this from Justice Kavanaugh--
``But in those circumstances, even the President does not
have unilateral authority to refuse to spend the funds.''
These rulings and opinions further solidify the argument that such a power does not exist within our constitutional framework. Over and over, courts and legal scholars have been clear: The President has no constitutional impoundment power.
Again, in 1998, in Clinton v. New York, the Supreme Court struck down a law that allowed the President to unilaterally cancel appropriations, further reinforcing the principle that the President does not have that power.
In 1973 and 1974, in the cases of National Council of Community Mental Health Centers v. Weinberger and Louisiana v. Weinberger, Federal district courts, again, explicitly rejected arguments that the President has the constitutional power to refuse to release grant funding.
The fact is that these decisions emphasize that the President of the United States has a duty and an obligation to execute the laws as passed by Congress, which includes spending appropriated funds.
This well-established legal precedent highlights that Vought's persistent push for impoundment undermines the democratic process by disregarding the will of Congress, the representative body of the American people.
And despite all of this settled law, throughout Vought's confirmation hearing, he doubled down on these plans, professing his decision to continue down the path of his first term by continuing to disregard the rule of law.
I asked Mr. Vought during the confirmation process if he was familiar with these decisions that prohibit impoundment. His response was wholly inadequate when he stated the following:
I won't get into Supreme Court decisions regarding
impoundment. We think the law on the books is
unconstitutional.
By advocating for the President's refusal to spend appropriated funds and refusing to tell the committee whether there are any limits to this supposed power, Vought seeks to concentrate power within the executive branch at the expense of Congress and the American people.
Confirming Mr. Vought will erode our Nation's checks and balances and undermines the Constitution we all swore an oath to protect and to defend.
His actions disregard both the letter and the spirit of the law, which is why he is wholly unqualified to serve in a position requiring enormous public trust--a position that will literally be in position to make life-and-death decisions for millions of Americans.
Given his record of undermining democratic processes, eroding the system of checks and balances, and time spent violating the Constitution of the United States, we simply cannot trust him in this role.
And now, even before he is confirmed by the Senate, the Trump administration has begun to implement Russell Vought's playbook--the playbook he has openly talked about and wrote about in Project 2025.
Last week, OMB implemented his playbook by withholding money to communities, families, businesses, and organizations when it froze all new and existing Federal grants and loans.
These actions have resulted in chaos and confusion. And every Member of this Chamber--every Member of this Chamber--has heard from thousands of their constituents who are afraid the resources they are counting on will not be delivered.
These actions not only break the law and wreak chaos and anxiety amongst our constituents, but they also inflict very, very real harm on families in Michigan and all across our country.
In my home State of Michigan, communities and organizations received $31 billion in Federal grants and loans last year, and the freeze has had immediate--immediate--negative impacts.
I heard from a mayor who needs the grant funding they were awarded to pay for police, for firefighters, and public safety personnel; who is worried he
won't be able to pay first responders because of the freeze.
I heard from small businesses who are afraid they won't be able to make payroll because of the freeze.
I have heard from dozens of communities who fear they will have to put their shovels down on construction projects to improve our roads and our bridges, improve street safety, and address chronic flooding issues because of the freeze.
I have heard from Michiganders who are counting on heating assistance during these cold winter months, who are unsure if they are going to be able to pay their energy bills.
I have heard educators who have raised concerns that the freeze would disrupt funding at nearly 17 Head Start centers across Michigan that serve our youngest children.
I heard from veterans who faced disruptions, confusion, and anxiety over critical services.
I have heard from colleges and universities that count on funding to make advances in research, ranging from preventing Alzheimer's disease and dementia, to protecting our Great Lakes.
I have heard from communities who are concerned about how the freeze will affect funding for Homeland Security missions and law enforcement.
Almost immediately, two different judges--one in Rhode Island and one in Washington, DC--put in place temporary restraining orders to start to undo the freeze and deliver needed funding to these organizations and people. But despite this, some funds continue to be held up, and OMB and the Department of Justice continue to insist that they can block funding going to these communities.
This is not what hard-working families across our Nation want and certainly not what they need. Our constituents need to know that the Federal Government can keep its word and stand by its promises.
Americans should feel confident that the services government provides are efficient and they are reliable and that they can count on them to be delivered.
If we confirm Russell Vought to be just another one of President Trump's cronies, the American people will pay the price. Once he is back at OMB, he will only supercharge the Trump administration's effort to unlawfully cancel programs that Congress has authorized on a bipartisan basis and that Americans are counting on.
It is not a stretch to say that Russell Vought would do everything he could to give President Trump even more power, especially when it comes to controlling the Federal budget. If the President wants to block funding to blue States, Russ Vought will do it. If the President wants to defund firefighters, Russ Vought will do it. If the President wants to cancel Medicaid benefits, Russ Vought will do it. If the President wants to deny victims of a disaster assistance that they desperately need, Russ Vought--we have already seen--will do it.
Russ Vought's record on breaking the law and sowing chaos across government is, quite frankly, frightening. If he is confirmed, he will quite literally be in a position to alter the future of our Nation--and not in a good way.
But he will also be charged with managing the Federal workforce. And his record on that front--well, it is just as abysmal.
When he was at OMB before, Mr. Vought pushed to replace nearly 50,000 nonpartisan career professional civil servants with appointees-- political appointees--whose only qualification was that they had political loyalty to the President--no other qualifications, just political. The old spoil system of the last two centuries back again.
He attempted to remove qualified employees who have years of knowledge and experience. And if he had succeeded, he would have posed a grave threat to our national security.
More than 70 percent of the Federal workforce serves at Agencies that are critical to our national defense and to our national security.
Other Federal employees work day in and day out to respond to emergencies and to ensure that Americans can get key services, like Social Security checks and veterans' healthcare.
Mr. Vought called these hard-working, dedicated public servants ``villains.'' He called them ``villains.'' There is no question Mr. Vought has no respect for the professional, hard-working civil servants who work tirelessly each and every day to support the American people.
President Trump took action on day one of his administration to remove qualified, nonpartisan Federal workers and replace them with his cronies by issuing an Executive order.
Under this directive, the President's political appointees can reclassify traditional nonpartisan career civil servants into schedule policy/career positions that are functionally at-will.
All hiring, retention, and firing decisions for schedule policy/ career positions would be at the pleasure of the President's political leadership rather than the individual's qualifications or job performance.
Under Vought's authority as OMB Director during Trump's first term, OMB recommended that anywhere from 68 to 88 percent of its own workforce would be reclassified into this schedule F. And while describing this conversion with OMB staff that he had just reclassified into schedule F positions, he recalls saying of those employees:
We don't believe in these laws that give these protections
that we think made you less good at your job of serving a
particular president.
All that mattered was ``serving a particular President.''
Vought doesn't believe in civil service law. I believe in those laws, and they are the laws of the land. Congress passed those laws so civil servants are better at their job of serving the American people, rather than their job of serving at the political pleasure of a President.
Civil servants, not the President or his political cronies, are the ones who issue Social Security checks, provide care for our veterans, facilitate loans for small businesses, and safeguard our homeland from security threats.
President Trump took another step last week to remove qualified civil servants when he offered more than 2 million Federal employees deferred resignation offers through a ``Fork in the Road'' email. He may have pitched it to Federal workers as a buyout, but it is likely another illegal plan to scare expert employees into leaving voluntarily out of fear that they would otherwise be fired or retaliated against by the President so he can make way to install his cronies at all levels of the Federal Government.
If this continues to happen, Agencies will lose vast institutional knowledge, and civil servants will lose trust in their colleagues. Whistleblowers will be afraid to come forward to report waste, fraud, and abuse. Taxpayers will foot the bill for government mistakes or corruption among political leaders. Foreign adversaries will take advantage of our unstable government workforce.
In all of these roles, we want to trust the employees who have the right skills, experience, and are informed with accurate, reliable, and complete information. Russell Vought is at the forefront of this effort to politicize our civil workforce.
As I bring my remarks to a close, I just want to underscore that Russ Vought's previous tenure as OMB Director and his contributions to proposals like Project 2025 have demonstrated clearly that he is not merely someone with differing policies views but someone who fundamentally disregards the rules of the game, as outlined in the laws of Congress, those that we have enacted under the Constitution.
Mr. Vought's expansive views of the President's spending authority seek to destroy Congress's constitutional authority. Mr. Vought's disdain for our hard-working civil servants who keep Americans safe--he wants to attempt to turn all of them into political hacks, loyal only to the President. It completely, completely disqualifies him from holding the position of the Director of Office of Management and Budget.
Ultimately, Russ Vought's defiant attitude toward the rule of law is dangerous, and it is deeply, deeply un-American. His lawless actions threaten our national security. They threaten our economy and the well- being of the American people, and they threaten the future of our democracy.
I urge my colleagues to take him at his word. Russ Vought has told us loud and clear who he is and what he will
do. He has told us he will break the law. He has told us he will politicize the Federal workforce. He has told us he will destroy our government from the inside.
We cannot give them another chance to inflict further harm on the American people. We must--we must--oppose his nomination, and if we fail to stop his confirmation, there is no question in my mind the American people will end up paying the price.