Why It Matters

Hal Duncan, President Donald Trump's pick to lead the Office of Management and Budget (OMB) as Deputy Director, refused to rule out using controversial impoundment powers during his June 16 confirmation hearing before the Senate Budget Committee. The refusal put Duncan squarely at odds with decades of Supreme Court precedent and congressional authority over federal spending, drawing sharp rebukes from Democratic senators who fear the administration will continue skirting the law.

The Big Picture

Duncan's OMB Deputy Director nomination arrives at a moment of institutional tension. OMB Director Russell Vought has already signaled skepticism toward the Impoundment Control Act during his own confirmation hearings, calling it unconstitutional. The Trump Administration has aggressively tested the boundaries of executive power over federal spending since taking office in January 2025.

The Government Accountability Office (GAO) has found on multiple, separate occasions that OMB violated the basic separation of powers of the Constitution. Democratic senators have been raising alarms about whether OMB is executing current law and whether funds face expiration without obligation through programmatic delay or illegal impoundment.

Duncan, who joined OMB in January 2025, has served at the agency for the past year and a half as Associate Director for Legislative Affairs and Executive Associate Director. He was delegated the duties of OMB deputy director not long ago. His predecessor, Dan Bishop, vacated the role in April 2026 when he was named prosecutor of election fraud.

Duncan's background is thin for the post. He previously served as legislative director for Rep. Chip Roy (R-TX-21) and worked in Sen. Pat Toomey's (R-PA) office. He has less than two years of experience as Associate Director of OMB's Office of Legislative Affairs. The OMB Deputy Director position was established in 1970 and has been Senate-confirmed since 1974.

What They're Saying

  • Senator Jeff Merkley (D-OR): "It's a position of immense responsibility... I'm concerned that your resume is a bit thin."
  • Senator Patty Murray (D-WA) pressed Duncan on a proposed OMB rule that critics say would politicize all federal grants: "That really sounds to me like y'all are trying to turn the entire federal government to this one big slush fund to reward those who are aligned with the administration and punish everyone else."

Duncan testified that he had been honored to be OMB's designee to the fraud task force and had seen how the Vice President's team used the task force to coordinate among agencies to root out waste and fraud. He worked with members and staff of the committee to develop and pass two budget reconciliation bills: the Working Families Tax Cuts Act, which cut taxes for American families and businesses while achieving $2 trillion in mandatory savings and secured generational investments in defense and homeland security, and the Secure America Act, which provided sustained funding for ICE and Border Patrol.

Confirmation as OMB Deputy Director would make Duncan the second most powerful budget official in the federal government, overseeing day-to-day operations and helping to manage budget information, regulatory oversight, and policy implementation across the executive branch.

Political Stakes

For the Administration

Duncan's willingness to avoid commitments on impoundment suggests the administration views the tactic as central to its fiscal agenda. The Supreme Court ruled that President Trump's tariffs were unconstitutional, but that has not deterred executive overreach on other fronts. A Duncan confirmation would place an ally in a position to manage the federal government's day-to-day budget execution in ways that prioritize executive prerogatives. [GAP]

For Republicans

Republicans argue that Duncan brings legislative experience and has already proven himself at OMB. Duncan's testimony on the working families tax cuts and secure America act bills positioned him as a dealmaker who can navigate Congress. Bishop's endorsement suggested continuity with a predecessor who was confirmed.

Republicans also note that OMB faces legitimate management challenges. The agency oversees federal spending across the executive branch and must balance competing priorities. Duncan's experience in legislative affairs could smooth relations with Congress, even as the administration pursues aggressive fiscal policies.

For Democrats

Democrats face a messaging challenge: they hold no votes on the Budget Committee in a Republican-controlled chamber. They can raise alarms, but they cannot block the nomination on their own.

The Bottom Line

The Senate Budget Committee will vote on Duncan's nomination in coming days. A floor vote would likely follow. With Republicans holding the Senate majority, confirmation appears likely unless at least three Republicans break ranks. No GOP defections have been signaled.

The confirmation vote will also set a precedent for how aggressively the Senate will scrutinize OMB's constitutional claims and spending practices. Future nominations to the agency could face tougher questioning if Duncan's hearing is seen as insufficient accountability. Duncan's refusal to rule out impoundment powers signals the administration will continue testing the limits of executive spending authority, with or without Senate approval.

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