[Congressional Record Volume 166, Number 12 (Tuesday, January 21, 2020)]
[Senate]
[Page S440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1286. Mr. SCHUMER proposed an amendment to the resolution S. Res. 
483, to provide for related procedures concerning the articles of 
impeachment against Donald John Trump, President of the United States; 
as follows:

       At the appropriate place in the resolving clause, insert 
     the following:

       Sec. ___.  Notwithstanding any other provision of this 
     resolution, pursuant to rules V and VI of the Rules of 
     Procedure and Practice in the Senate When Sitting on 
     Impeachment Trials--
       (1) the Chief Justice of the United States, through the 
     Secretary of the Senate, shall issue a subpoena to the Acting 
     Director of the Office of Management and Budget commanding 
     him to produce, for the time period from January 1, 2019, to 
     the present, all documents, communications, and other records 
     within the possession, custody, or control of the Office of 
     Management and Budget, referring or relating to--
       (A) the actual or potential suspension, withholding, 
     delaying, freezing, or releasing of United States foreign 
     assistance, military assistance, or security assistance of 
     any kind to Ukraine, including but not limited to the Ukraine 
     Security Assistance Initiative (referred to in this section 
     as ``USAI'') and Foreign Military Financing (referred to in 
     this section as ``FMF''), including but not limited to--
       (i) communications among, between, or referring to Director 
     Michael John ``Mick'' Mulvaney, Assistant to the President 
     Robert Blair, Acting Director Russell Vought, Associate 
     Director Michael Duffey, or any other Office of Management 
     and Budget employee;
       (ii) communications related to requests by President Trump 
     for information about Ukraine security or military assistance 
     and responses to those requests;
       (iii) communications related to concerns raised by any 
     Office of Management and Budget employee related to the 
     legality of any hold on foreign assistance, military 
     assistance, or security assistance to Ukraine;
       (iv) communications sent to the Department of State 
     regarding a hold or block on congressional notifications 
     regarding the release of FMF funds to Ukraine;
       (v) communications between--

       (I) officials at the Department of Defense, including but 
     not limited to Undersecretary of Defense Elaine McCusker; and
       (II) Associate Director Michael Duffey, Deputy Associate 
     Director Mark Sandy, or any other Office of Management and 
     Budget employee;

       (vi) all draft and final versions of the August 7, 2019, 
     memorandum prepared by the National Security Division, 
     International Affairs Division, and Office of General Counsel 
     of the Office of Management and Budget about the release of 
     foreign assistance, security assistance, or security 
     assistance to Ukraine;
       (vii) the Ukrainian government's knowledge prior to August 
     28, 2019, of any actual or potential suspension, withholding, 
     delaying, freezing, or releasing of United States foreign 
     assistance, military assistance, or security assistance to 
     Ukraine, including all meetings, calls, or other engagements 
     with Ukrainian officials regarding potential or actual 
     suspensions, holds, or delays in United States assistance to 
     Ukraine;
       (B) communications, opinions, advice, counsel, approvals, 
     or concurrences provided by any employee in the Office of 
     Management and Budget regarding the actual or potential 
     suspension, withholding, delaying, freezing, or releasing of 
     security assistance to Ukraine including legality under the 
     Impoundment Control Act;
       (C) Associate Director Michael Duffey taking over duties 
     related to apportionments of USAI or FMF from Deputy 
     Associate Director Mark Sandy or any other Office of 
     Management and Budget employee;
       (D) all meetings related to the security assistance to 
     Ukraine including but not limited to interagency meetings on 
     July 18, 2019, July 23, 2019, July 26, 2019, and July 31, 
     2019, including any directions provided to staff 
     participating in those meetings and any readouts from those 
     meetings;
       (E) the decision announced on or about September 11, 2019, 
     to release appropriated foreign assistance, military 
     assistance, or security assistance to Ukraine, including but 
     not limited to any notes, memoranda, documentation or 
     correspondence related to the decision;
       (F) all draft and final versions of talking points related 
     to the withholding or release of foreign assistance, military 
     assistance, or security assistance to Ukraine, including 
     communications with the Department of Defense related to 
     concerns about the accuracy of the talking points; and
       (G) all meetings and calls between President Trump and the 
     President of Ukraine, including documents, communications, 
     and other records related to the scheduling of, preparation 
     for, and follow-up from the President's April 21 and July 25, 
     2019, telephone calls, as well as the President's September 
     25, 2019, meeting with the President of Ukraine in New York; 
     and
       (2) the Sergeant at Arms is authorized to utilize the 
     services of the Deputy Sergeant at Arms or any other employee 
     of the Senate in serving the subpoena authorized to be issued 
     by this section.
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