[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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