Heinrich Criticizes Trump for Delaying Nominating Officials to Key Roles at DOI and DOE, Selecting Underqualified Candidates to Lead Agencies

WASHINGTON - During a U.S. Senate Energy and Natural Resources Committee hearing to consider pending Trump nominations, U.S. Senator Martin Heinrich (D-N.M.), the Committee's Ranking Member, delivered opening remarks, criticizing the Trump administration for delaying nominating officials to top roles at the Department of the Interior (DOI) and the Department of Energy (DOE), violating the Vacancies Reform Act by having William Hague, Trump's Assistant Secretary of the Interior nominee and Kevin Lilly, Trump's Assistant Secretary for Fish and Wildlife and Parks, for working in their roles without being confirmed by the Senate, and selecting under qualified nominees to lead agencies and bureaus.

"This hearing is long overdue. Each of the three offices the individuals before us today have been nominated to hold have been vacant since the beginning of the President's second term, a year and a half ago," began Heinrich. "Meanwhile, these important offices have not been filled by someone confirmed by the Senate. That is a serious problem."

"Since the nation's founding, Congress has given Presidents limited authority to appoint acting officials to perform the functions of vacant offices on a temporary basis. But that authority, which is provided by the Vacancies Reform Act, is narrowly limited and frankly, is being abused... Both Mr. Hague and Mr. Lilly appear to be serving in the jobs for which they have been nominated, prior to Senate confirmation, in violation of the Vacancies Reform Act," continued Heinrich.

"And while I appreciate that Mr. Lilly has been accessible and responsive to me, I'm also concerned that neither he nor Mr. Hague appear to have background, training, or experience in the issue areas that they have been nominated to manage. They have both had very successful careers-but Mr. Hague does not seem to have had any experience with our insular areas or international affairs, and Mr. Lilly does not seem to have had any experience with wildlife management or the national parks, prior to Secretary Burgum delegating these portfolios to them... Mr. Farzad has at least worked for the State Department for two years and for the Department of Energy's Office of International Affairs for a year and a half. However, this is still far less experience than previous DOE Assistant Secretaries for International Affairs have had before assuming the role," concluded Heinrich.

Thank you, Mr. Chairman.

This hearing is long overdue. Each of the three offices the individuals before us today have been nominated to hold have been vacant since the beginning of the President's second term, a year and a half ago.

Let me be clear that responsibility for most of the delay lies with the President. He waited until mid-February of this year, to nominate both Mr. Hague and Mr. Lilly, and until March to nominate Mr. Farzad.

Even after the President submitted their nominations, two of the nominees took an extended period of time to submit the questionnaire that the Committee requires of all nominees.

The Committee's questionnaire is quite simple. It consists of only two dozen straightforward questions about the nominee's background. It should not take nominees four months to provide us with the required information.

Meanwhile, these important offices have not been filled by someone confirmed by the Senate. That is a serious problem.

Under our Constitution, the President may nominate, but the Senate must confirm the appointment of officials to these offices.

The Supreme Court has said that Senate confirmation "is more than a matter of 'etiquette or protocol'; it is among the significant structural safeguards of the constitutional scheme."

The advice and consent of the Senate "serves both to curb executive abuses of the appointment power," and to promote the appointment of qualified people to important offices.

The Supreme Court has also acknowledged that "Presidential appointment and Senate confirmation … can take time."

Since the nation's founding, Congress has given Presidents limited authority to appoint acting officials to perform the functions of vacant offices on a temporary basis. But that authority, which is provided by the Vacancies Reform Act, is narrowly limited and frankly, is being abused.

Both Mr. Hague and Mr. Lilly appear to be serving in the jobs for which they have been nominated, prior to Senate confirmation, in violation of the Vacancies Reform Act.

Mr. Hague has been performing the functions, duties, and responsibilities of the Assistant Secretary for Insular and International Affairs since May 2025.

Mr. Lilly has been performing the functions, duties, and responsibilities of the Assistant Secretary for Fish, Wildlife, and Parks since August 2025.

I do not blame Mr. Hague or Mr. Lilly for doing the jobs that this administration gave them. But I do believe that this Administration has abused its authority by delegating authorities that require Senate confirmation in violation of the Vacancies Reform Act.

And while I appreciate that Mr. Lilly has been accessible and responsive to me, I'm also concerned that neither he nor Mr. Hague appear to have background, training, or experience in the issue areas that they have been nominated to manage.

They have both had very successful careers-but Mr. Hague does not seem to have had any experience with our insular areas or international affairs, and Mr. Lilly does not seem to have had any experience with wildlife management or the national parks, prior to Secretary Burgum delegating these portfolios to them.

The Vacancies Reform Act was not designed to provide a basis for on-the-job training for subsequent Senate confirmation.

Mr. Farzad has at least worked for the State Department for two years and for the Department of Energy's Office of International Affairs for a year and a half.

However, this is still far less experience than previous DOE Assistant Secretaries for International Affairs have had before assuming the role.

All that said, we now have these nominations before us, and I look forward to hearing from each of the nominees today.

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