Page:Withholding of Ukraine Security Assistance 703909.pdf/4

at 2 n. 2. OMB approved additional apportionment actions on August 20, 27, and 31, 2019; and on September 5, 6, and 10, 2019.^[1] Id. The footnotes from these additional apportionment actions were, except for the dates, otherwise identical to one another. Id., Attachment. They nevertheless differed from those of July 25 and August 6 and 15, 2019, in that they omitted the second sentence that appeared in the earlier apportionment actions regarding OMB’s understanding that the pause in obligation would not preclude timely obligation. Id. The apportionment schedule issued on August 20 read as follows:

“Amounts apportioned, but not yet obligated as to the date of this reapportionment, for the Ukraine Security Assistance Initiative (Initiative) are not available for obligation until August 26, 2019, to allow for an interagency process to determine the best use of such funds. DOD may continue its planning and casework for the Initiative during this period.”

Id., Attachment. The apportionment schedules issued on August 27 and 31, 2019; and on September 5, 6, and 10, 2019 were identical except for the dates. Id. On September 12, 2019, OMB issued an apportionment that removed the footnote that previously made the USAI funds unavailable for obligation. OMB Response, at 2; id., Attachment. According to OMB, approximately $214 million of the USAI appropriation was withheld as a result of these footnotes. OMB Response, at 2. OMB did not transmit a special message proposing to defer or rescind the funds.

DISCUSSION

At issue in this decision is whether OMB had authority to withhold the USAI funds from obligation.

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apportionment until August 6, 2019. See id. On August 6, 2019, the amounts were made unavailable for obligation until August 12, 2019. Id. While the next footnote was issued on August 15, 2019 it stated that funds were unavailable for obligation “until August 12, 2019.” Id. Despite the dates listed in each apportionment footnote, OMB provided that the “pause in obligations was extended” on both August 6, 2019 and August 15, 2019. See OMB Response, at 2, fn. 2 (emphasis added).

1. The apportionment footnote issued on August 20, 2019 made USAI funds unavailable for obligation until August 26, 2019. OMB Response, Attachment. OMB did not sign the next apportionment until August 27, 2019. See id. Despite the date listed in the apportionment footnote, OMB provided that the “pause in obligations was extended” on August 20, 2019. See OMB Response, at 2, fn. 2 (emphasis added).