U. S. Government Accountability Office

Name: Withholding of Ukraine Security Assistance
Author: U. S. Government Accountability Office

Withholding of Ukraine Security Assistance (2020)

Summary

“Withholding of Ukraine Security Assistance”, published in 2020, is a work by U. S. Government Accountability Office. It explores elements such as apportionment, funds and withholding.

Quotes from Withholding of Ukraine Security Assistance (U. S. Government Accountability Office)

U. S. Government Accountability Office, Withholding of Ukraine Security Assistance (2020)

“ OMB’s justification for the withholding falls squarely within the scope of an impermissible policy deferral. Thus, the deferral of USAI funds was improper under the ICA.
When Congress enacts appropriations, it has provided budget authority that agencies must obligate in a manner consistent with law. The Constitution vests lawmaking power with the Congress. U. S. Const., art. I, § 8, cl. 18. The President and officers in an Administration of course may consider their own policy objectives as they craft policy proposals for inclusion in the President’s budget submission. ”

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Source: Wikisource

U. S. Government Accountability Office, Withholding of Ukraine Security Assistance (2020)

“ OMB violated the ICA when it withheld DOD’s USAI funds from obligation for policy reasons. This impoundment of budget authority was not a programmatic delay.
OMB and State have failed, as of yet, to provide the information we need to fulfill our duties under the ICA regarding potential impoundments of FMF funds. We will continue to pursue this matter and will provide our decision to the Congress after we have received the necessary information.
We consider a reluctance to provide a fulsome response to have constitutional significance. ”

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Source: Wikisource

U. S. Government Accountability Office, Withholding of Ukraine Security Assistance (2020)

“ In order to withhold the funds, OMB issued a series of nine apportionment schedules with footnotes that made all unobligated balances unavailable for obligation.
Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law. ”

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Source: Wikisource

U. S. Government Accountability Office, Withholding of Ukraine Security Assistance (2020)

“ See DOD Certification, at 4–14. DOD had decided on the items it planned to purchase and had provided this information to Congress on May 23, 2019. Id. Program execution was therefore well underway when OMB issued the apportionment footnotes. As a result, we cannot accept OMB’s assertion that its actions are programmatic.
The burden to justify a withholding of budget authority rests with the executive branch. Here, OMB has failed to meet this burden. We conclude that OMB violated the ICA when it withheld USAI funds for a policy reason. ”

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Source: Wikisource

U. S. Government Accountability Office, Withholding of Ukraine Security Assistance (2020)

“ GAO’s role under the ICA—to provide information and legal analysis to Congress as it performs oversight of executive activity—is essential to ensuring respect for and allegiance to Congress’ constitutional power of the purse. All federal officials and employees take an oath to uphold and protect the Constitution and its core tenets, including the congressional power of the purse. ”

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Source: Wikisource

U. S. Government Accountability Office, Withholding of Ukraine Security Assistance (2020)

“ An appropriations act is a law like any other; therefore, unless Congress has enacted a law providing otherwise, the President must take care to ensure that appropriations are prudently obligated during their period of availability. See B-329092, Dec. 12, 2017 (the ICA operates on the premise that the President is required to obligate funds appropriated by Congress, unless otherwise authorized to withhold) . In fact, Congress was concerned about the failure to prudently obligate according to its Congressional prerogatives when it enacted and later amended the ICA. See generally, H. R. Rep. ”

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Source: Wikisource

U. S. Government Accountability Office, Withholding of Ukraine Security Assistance (2020)

“ Letter from General Counsel, GAO, to Acting Director and General Counsel, OMB (Nov. 25, 2019) ; Letter from General Counsel, GAO, to Acting Chief of Staff and Counsel to the President, Executive Office of the President (Nov. 25, 2019) ”

U. S. Government Accountability Office

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