About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

GAO Report on OMB Withholding of Ukraine Security Assistance Whistleblower Complaint on Ukraine (Kelly Smith, comp.) 1 (1/16/2020)

handle is hein.presidents/usgvtwht0291 and id is 1 raw text is: 

441 G St. N.W.
Washington, DC 20548


          Matter of:  Office of Management and Budget-Withholding of Ukraine Security

          File:       B-331564

          Date:       January 16, 2020


          In the summer of 2019, the Office of Management and Budget (OMB) withheld from
          obligation funds appropriated to the Department of Defense (DOD) for security
          assistance to Ukraine. 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. OMB withheld funds
          for a policy reason, which is not permitted under the Impoundment Control Act (ICA).
          The withholding was not a programmatic delay. Therefore, we conclude that OMB
          violated the ICA.


          In the summer of 2019, OMB withheld from obligation approximately $214 million
          appropriated to DOD for security assistance to Ukraine. See Department of Defense
          Appropriations Act, 2019, Pub. L. No. 115-245, div. A, title IX, § 9013, 132 Stat.
          2981, 3044-45 (Sept. 28, 2018). OMB withheld amounts by issuing a series of nine
          apportionment schedules with footnotes that made all unobligated balances for the
          Ukraine Security Assistance Initiative (USAI) unavailable for obligation. See Letter
          from General Counsel, OMB, to General Counsel, GAO (Dec. 11, 2019) (OMB
          Response), at 1-2. Pursuant to our role under the ICA, we are issuing this decision.
          Congressional Budget and Impoundment Control Act of 1974, Pub. L. No. 93-344,
          title X, § 1015, 88 Stat. 297, 336 (July 12, 1974), codified at 2 U.S.C. § 686. As
          explained below, we conclude that OMB withheld the funds from obligation for an

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most