Document 6Q29XJQB62xM57dY9q7wXbB6

DownloadRandom document
Supplemental Minority Pre-hearing Questionnaire For the Nomination of Eric Ueland to be the Deputy Director for Management, Office of Management and Budget I. Nomination Process and Conflicts of Interest 1. If the President or anyone acting at the direction of the President or on his behalf asks you to violate the law, will you decline to do so? 2. Since January 20, 2025, have you served, advised, or led any other agency besides OMB? a. If so, please describe the scope of your activities at any other agency you have served, advised, or lead. b. If so, please provide the proportion of your time spent serving, advising, or leading any other agency. c. If confirmed, do you intend to serve, advise or lead any other agency in an acting capacity? H. Background of the Nominee 3. Please describe any experience you have developing or implementing employee telework policies. What factors do you consider when setting or making changes? a. What has been your individual experience with telework over the course of your career? How often do you currently telework? 4. Please describe any and all interactions that you have had with Russ Vought and Dan Bishop, respectively. Do you meet in an official capacity? If so, how often, and what do you discuss? 5. Do you believe that providing foreign assistance, including humanitarian assistance and security assistance, advances the interests and national security of the United States? a. While you were at the State Department, did you propose or support eliminating USAID? Please explain your rationale at the time. 6. In 2017, President Trump nominated you to be Undersecretary of State for Management. In 2018, he withdrew your nomination. Why was your nomination withdrawn? Please provide any relevant details or context. 7. In 2020, President Trump nominated you to be Undersecretary of State for Civilian Security, Democracy and Human Rights. You were not confirmed to the role. Please provide any relevant details or context as to why you were not confirmed. Senate Homeland Security and Governmental Affairs Committee PAGE [APG] 1 Sierra Club v. OMB, Case No. 25-cv- 05732-LJC OMB 2025-825 OMBA317FY25825_000000204 SC_EVERSPLIT0022020 III. Role of the DUNI 8. Please describe any work or interactions you have had with the U.S. DOGE service in your current position as Acting Chief of Staff at OMB? a. From your current knowledge, who is the current Administrator of the U.S. DOGE Service and how many employees currently work for the U.S. DOGE Service? IV. Policy Questions 9. In your current role at OMB, were you involved in the decisions on firing probationary period employees at OMB? How many probationary period employees did OMB fire and for what reason? Workforce 10. If confirmed, what will your top priorities be for OMB's Personnel and Performance Management Office? 11. Do you believe that the President has the authority to conduct a reduction-in-force to eliminate a whole agency that has been authorized by Congress? 12. Do you believe the President has the authority to eliminate or terminate an agency, or an agency's components that Congress has authorized or created? 13. a. Do you believe the President has the authority to eliminate the Department of Education? b. Do you believe the President has the authority to eliminate USAID? c. Do you believe the President can transfer the functions of offices, agencies, or agency components to another agency without the permission of Congress? 14. Will you honor and advise other agencies to honor the collective bargaining agreements already in place, if confirmed? a. Do you commit to honoring collective bargaining agreements between federal unions and their employing agencies and encouraging agencies to negotiate on contracts with unions in good faith? b. Do you support the President's recent efforts to expand the use of national security exemptions under the Civil Service Reform Act to remove collective bargaining rights for federal employees? Please explain. Senate Homeland Security and Governmental Affairs Committee PAGE [APG] 2 Sierra Club v. OMB, Case No. 25-cv- 05732-LJC OMB 2025-825 OMBA317FY25825_000000204 SC_EVERSPLIT0022021 15. Do you commit to honoring the requirements of the Civil Service Reform Act? 16. Do you think input from federal unions is valuable for working toward agency management and performance goals? Would you plan to engage with them as DDM? a. Do you believe that federal unions have "declared war" on the government? Please explain your reasoning. 17. On February 26, 2025, OMB and OPM released a memorandum providing agencies with guidance on how to begin reductions in force (RIFs) and agency reorganization plans (collectively ARRP). Under your leadership if confirmed, will OMB consider and ensure other agencies consider the following impacts of ARRPs related to agency performance? If so, please elaborate on how OMB will consider each of the following topics: a. Continuity of agency services and responsibilities. b. Preexisting mission-critical skills gaps. c. Workforce succession planning. d. Agency functions that require highly specialized skills and extensive training. e. Changes to agency reliance on contractors and associated costs. 18. What impact do you think mass layoffs of probationary employees and RIFs will have on agency operations? Likewise, do you believe will they impact employee morale? 19. If confirmed, how would you plan to have OMB track the impact of major personnel actions like the deferred resignation program, mass layoffs of probationary employees, widespread use of administrative leave, and large-scale reductions in force on agency budgets, performance, and service delivery? 20. Do you think administrative leave--in which employees are paid not to work--should last for more than 10 work days, despite the 10-day cap enacted through the Administrative Leave Act of 2016? 21. What is your opinion about the administration's deferred resignation program that about 3% of the federal workforce accepted? a. Do you believe the deferred resignation program was lawful? If so, under what authority? b. What impact do you think it will have on agency operations? c. Will you commit to promptly sending this Committee--both the majority and minority offices--records and information requested on the scope and impact Senate Homeland Security and Governmental Affairs Committee PAGE [APG1 3 Sierra Club v. OMB, Case No. 25-cv- 05732-LJC OMB 2025-825 OMBA317FY25825_000000204 SC_EVERSPLIT0022022 of the deferred resignation program at OMB? 22. Special government employees (SGEs) are not permitted to work more than 130 days in a 365 day period. Do you commit to ensuring that SGEs do not perform work that exceed this cap? 23. Each year, OPM conducts the Federal Employee Viewpoint Survey (FEVS). This serves as an important tool for measuring employee morale across the government. a. Do you think FEVS data should be used to inform management decisions, both at OMB and government-wide? b. On February 28, 2025, OPM announced that it is indefinitely delaying this year's FEVS, typically conducted each May. Would you encourage and support the administration of FEVS before the end of this fiscal year? Management 38. In February, Director Vought published "Guidance on Agency RIF and Reorganization Plans Requested by Implementing The President's "Department of Government Efficiency." The memo states that "Agencies or components that provide direct services to citizens (such as Social Security, Medicare, and veterans' health care) shall not implement any proposed ARRPs until OMB and OPM certify that the plans will have a positive effect on the delivery of such services." a. If confirmed, how would you recommend OMB make such certifications, and which criteria, evidence, and data would you rely on to make such certifications? How would you monitor their effects once implemented? b. If OMB makes such a certification and then an "ARRP" is later determined to have a negative effect on service delivery, how would you recommend OMB approach this situation and its prior certification? c. If confirmed, do you commit to briefing the Committee and making public the criteria and monitoring process you will use? 39. The Foundations for Evidence-Based Policymaking Act directed agencies to build and use evidence to improve the quality and efficiency of programs. a. How do you envision agencies using evidence to make decisions? b. What role should agency Learning Agendas play in improving agency performance and efficiency? c. Recent reductions in force have targeted agency evaluation functions, including at OPM and USAID. Do you believe these cuts reduce the quality and efficiency of Senate Homeland Security and Governmental Affairs Committee PAGE [APG] 4 Sierra Club v. OMB, Case No. 25-cv- 05732-LJC OMB 2025-825 OMBA317FY25825_000000204 SC_EVERSPLIT0022023 agency programs and decision-making? Please explain. 40. Are there any government management decisions made by the current Trump Administration that you disagree with? a. Are there any decisions made by OMB since January 20th that you disagree with? 41. How do you believe the federal government can reduce improper payments, while continuing to deliver accurate payments to the correct recipients? 42. Do you intend to make updates to the Uniform Grants Guidance (2 CFR 200)? If so, what changes? 43. Government service providers like the Social Security Administration, TSA, and the State Department passport office collect data on critical service delivery metrics, including on topics like customer application wait times, contact center hold times, and customer satisfaction with their experience. a. If confirmed, will you commit to continuing to collect and make public these and other existing performance metrics? Do you believe OMB should collect and publish any other types of service delivery metrics? b. How would you use these insights to improve government services and notify Congress and the public of service delivery challenges? c. Will you commit, if confirmed, to updating this Committee about how OMB plans to address service delivery challenges? 44. Through FASTA, OMB approval is required for buildings identified by the PBRB and GSA to dispose. Did OMB approve the 443 buildings listed by GSA on March 4, 2025 before it was published? How about the 8 buildings listed last week on March 21, 2025? a. How many of the buildings originally posted on March 4, 2025 and subsequently on March 21, 2025 were recommended or approved by OMB to dispose of and on what basis? 45. Do you commit to ensuring that GSA complies with the Property Act, which requires Congressional notification to this committee of federally owned properties identified for disposal? 46. Can you describe what role the Office of Federal Procurement Policy (OFPP) should play at OMB and across government? What are your top priorities for OFPP? What policies would you support to reduce barriers for small businesses in the procurement process? Senate Homeland Security and Governmental Affairs Committee 5 Sierra Club v. OMB, Case No. 25-cv- 05732-LJC OMB 2025-825 PAGE [APG] OMBA317FY25825_000000204 SC_EVERSPLIT0022024 47. How would you plan to build capacity within the Made in America Office? What measures steps would you take to strengthen domestic sourcing for products that the federal government purchases? Budget 48. OMB recently paused all federal financial assistance, a move which has been temporarily blocked in court. Despite recent orders to unfreeze federal financial assistance, many grants and loan programs continue to be frozen. Did you have any role in this decision as Acting Chief of Staff at OMB? Please explain. a. Do you believe that the President has the authority to cancel or pause such grants and loans? Please explain and provide any relevant statutory or legal authorities. 49. Do you believe the President has the constitutional authority to withhold or impound funds which Congress has appropriated for a specific purpose? Please explain. 50. Do you believe the Impoundment Control Act is unconstitutional? Please explain. 51. Do you believe the President has the power to withhold or impound funding for mandatory programs? Please explain. 52. Do you believe the President has the power to withhold or impound funding under formula grants, where Congress has clearly required the expenditure of a particular amount? Please explain. 53. Director Vought committed to HSGAC during his confirmation that OMB would continue to publish all of the budget data that it had historically made public, including apportionments. The Consolidated Appropriations Acts of 2022 and 2023 requires that OMB post all apportionments. OMB recently removed its website that publishes apportionments. a. Why did OMB recently take down the public apportionment database? b. Do you commit to restoring OMB's apportionment database? c. Do you commit to ensuring that all other budget information and data, including apportionments, SF-133, historical budget tables, monthly treasury statements, and data on USASpending.gov continue to publicly published and free from any manipulation or distortion? 54. OMB has issued multiple apportionments for the U.S. DOGE Service (DOGE). What is DOGE's current operating budget, and under what authority has that budget authority been provided? a. If DOGE is funded (including partially) with interagency agreements or Senate Homeland Security and Governmental Affairs Committee PAGE [APG] 6 Sierra Club v. OMB, Case No. 25-cv- 05732-LJC OMB 2025-825 OMBA317FY25825_000000204 SC_EVERSPLIT0022025 payments, please provide information about which agencies have such agreements and at what level those agencies are reimbursing DOGE. Cybersecurity, Artificial Intelligence, and Information Technology 55. Do you believe that current privacy protections and data security requirements unduly constrain agency operations? If confirmed, how would you ensure Americans that their privacy is protected and that their data in government systems is safe? 56. Do you intend to provide any new guidance or memos to agencies about data quality, data sharing and protecting privacy in light of recent executive orders, including Executive Order 14243 Stopping Waste, Fraud, and Abuse by Eliminating Information Silos? 57. If confirmed, what would be some of your initial priorities for improving the cybersecurity of OMB and the federal enterprise? Are there specific guidelines or directives that need to be updated? 58. What steps do you plan to take to ensure the new FedRAMP government-wide approach is effective and minimizes disruption to vendors and delivery of government services? 59. Much has been made of the role that very old, legacy IT systems play in managing the federal government. a. What is your plan to replace these solutions? b. How do you expect to make decisions about where to invest? c. How do you plan to use the Technology Modernization Fund to modernize federal IT systems? V. Accountability Cooperation with Inspectors General 60. In January, President Trump removed 18 Inspectors General (IGs) from office. a. Do you support the President's removal of Inspectors General (IGs) in January? b. Do you believe that these removals were lawful? If so, please explain how the removals did not violate the Inspector General Act. c. Do you believe the President's IG firings will hurt the ability of the government to identify and root out waste, fraud and abuse? If not, why not? Senate Homeland Security and Governmental Affairs Committee PAGE [APG] 7 Sierra Club v. OMB, Case No. 25-cv- 05732-LJC OMB 2025-825 OMBA317FY25825_000000204 SC_EVERSPLIT0022026 d. On February 10th the USAID OIG issued an advisory about the impact of the pause on foreign assistance and firings at USAID. The next day, on February 11th USAID IG Paul Martin was fired by President Trump. Do you believe this firing constituted retaliation for conducting robust government oversight? If not, why? 61. In your role as DDM, you will be the Executive Chairman of the Council of the Inspectors General on Integrity and Efficiency (CIGIE) and will be responsible for convening Inspectors General. a. As Executive Chairman, how do you plan to support CIGIE in its role providing oversight of and services to the IG community? b. Do you support making the PRAC's data analytics capabilities permanent so that IGs are best equipped to combat fraud in government programs? c. Do you believe that an agency head or other member of the executive branch, including the Executive Office of the President, may demand access to the records, data, or systems of an Inspector General? d. Do you commit without reservation that IGs will be permitted to conduct such audits and investigations as they see fit, without any external influence, pressure, coercion or political interference? e. Do you commit to working to ensure that each agency provides access to the records, information and agency head themselves, to the Inspector General with jurisdiction over their work? f. Do you commit to working to ensure that each IG has the necessary resources, including but not limited to budget, office space, and charge cards with sufficient balances to conduct their work as they see fit? g. As the DDM, do you commit to ensuring that each Office of Inspector General be permitted to make personnel decisions, including personnel levels in their office, regardless of any reduction in force guidance or directions? VI. Relations with Congress 62. It is reported that you helped draft the Congressional Review Act (CRA) as a Senate staffer. On February 14, 2025, the EPA Administrator Lee Zeldin submitted California's waiver under the Clean Air Act (87 Fed. Reg. 14332) to be considered under the CRA. GAO had previously written on Nov 30, 2023 that the waiver was not a rule. GAO again wrote on March 6, 2025 that the waiver was not a rule. a. Do you believe that the waiver submission on February 14, 2025 should be Senate Homeland Security and Governmental Affairs Committee PAGE [APG] 8 Sierra Club v. OMB, Case No. 25-cv- 05732-LJC OMB 2025-825 OMBA317FY25825_000000204 SC_EVERSPLIT0022027 eligible for CRA "fast-track" consideration? Please explain. b. Do you commit to submitting all executive branch rules as defined for 5 U.S.C. 551 and as clarified through GAO's legal opinions? , hereby state that I have read the foregoing Pre-Hearing Questionnaire and that the information provided therein is, to the best of my knowledge, current, accurate, and complete. (Signature) This day of , 2025 Senate Homeland Security and Governmental Affairs Committee 9 Sierra Club v. OMB, Case No. 25-cv- 05732-LJC OMB 2025-825 PAGE [APG] OMBA317FY25825_000000204 SC_EVERSPLIT0022028