The Trump administration’s recent actions have raised significant concerns regarding adherence to the Impoundment Control Act (ICA) of 1974, a law designed to prevent the executive branch from unilaterally withholding funds appropriated by Congress. The appointment of Russell Vought as Director of the Office of Management and Budget (OMB) has intensified these concerns, given his pivotal role in shaping policies that challenge established fiscal norms.
Freezing Federal Spending and Grants
In a recent executive order, President Trump halted the disbursement of funds allocated by significant legislative acts, including the Inflation Reduction Act of 2022 and the Infrastructure Investment and Jobs Act. This move effectively suspends hundreds of billions of dollars in federal spending, impacting a wide array of programs from climate initiatives to infrastructure projects. Critics argue that this action encroaches upon Congress’s constitutionally granted “power of the purse” and may violate the ICA, which restricts the executive branch from withholding congressionally appropriated funds.
Russell Vought’s Role: Project 2025 and Congressional Testimony and Adherence to the ICA
Russell Vought, nominated by President Trump to lead the OMB, is a central figure in these developments. Vought is a key architect of Project 2025, a comprehensive conservative plan aiming to reshape the federal government by expanding presidential authority and reducing regulatory constraints. This blueprint includes proposals to enhance executive power, potentially at the expense of legislative oversight.
During his recent Senate confirmation hearing, Vought was questioned about his commitment to upholding the ICA. Notably, he declined to affirm that he would ensure the expenditure of all funds appropriated by Congress, reflecting the administration’s stance that aspects of the impoundment law may be unconstitutional. This position has drawn criticism from lawmakers who emphasize the importance of maintaining the constitutional balance of powers and adhering to established fiscal laws.
The administration’s actions, particularly under Vought’s budgetary leadership, underscore a broader strategy to reinterpret the boundaries of executive authority over federal spending. This approach has significant implications for the separation of powers and the effective implementation of congressionally mandated programs.
Trump Impeached In First Term Because of Vought’s Refusal To Follow Impoundment Control Act
During Trump’s first term, Russell Vought served as Director of OMB as the administration withheld aid for Ukraine that had been appropriated by Congress. This led to an investigation on the administration’s refusal to follow the Impoundment Control Act by Congress. The Government Accountability Office found that Trump’s administration had violated the law, stating: “Faithful execution of the law does not permit the president to substitute his own policy priorities for that enacted to law. OMB withheld funds for a policy reason, which is not permitted under the Impoundment Control Act (ICA).”
While Republican Senator Rand Paul has made clear that “The power of the purse is Congress.”, Vought is holding to his defiance of the law as he is poised to return to his position leading the Office of Budget Management.
