II 

118TH CONGRESS 

1ST SESSION S. 651 

To establish the Office of the Special Inspector General for Ukraine 

Assistance, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2023 

Mr. HAWLEY (for himself and Mr. VANCE) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To establish the Office of the Special Inspector General 

for Ukraine Assistance, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Special Inspector Gen5 eral for Ukraine Assistance Act’’. 

6 SEC. 2. SPECIAL INSPECTOR GENERAL FOR UKRAINE AS7 SISTANCE. 

8 (a) PURPOSES.—The purposes of this section are as 

9 follows: 


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1 (1) To provide for the independent and objec2 tive conduct and supervision of audits and investiga3 tions, including within the territory of Ukraine, re4 lating to the programs and operations funded with 

5 amounts appropriated or otherwise made available 

6 for the military and nonmilitary support of Ukraine. 

7 (2) To provide for the independent and objec8 tive leadership and coordination of, and rec9 ommendations on, policies designed to prevent and 

10 detect waste, fraud, and abuse in such programs and 

11 operations described in paragraph (1). 

12 (3) To provide for an independent and objective 

13 means of keeping the Secretary of State, the Sec14 retary of Defense, and Congress fully and currently 

15 informed about problems and deficiencies relating to 

16 the administration of such programs and operations 

17 and the necessity for and progress on corrective ac18 tion. 

19 (b) OFFICE OF INSPECTOR GENERAL.—There is 

20 hereby established the Office of the Special Inspector Gen21 eral for Ukraine Assistance to carry out the purposes set 

22 forth in subsection (a). 

23 (c) APPOINTMENT OF INSPECTOR GENERAL; RE24 MOVAL.— 


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1 (1) APPOINTMENT.—The head of the Office of 

2 the Special Inspector General for Ukraine Assistance 

3 is the Special Inspector General for Ukraine Assist4 ance (in this section referred to as the ‘‘Inspector 

5 General’’), who shall be appointed by the President 

6 with the advice and consent of the Senate. 

7 (2) QUALIFICATIONS.—The appointment of the 

8 Inspector General shall be made solely on the basis 

9 of integrity and demonstrated ability in accounting, 

10 auditing, financial analysis, law, management anal11 ysis, public administration, or investigations. 

12 (3) DEADLINE FOR APPOINTMENT.—The ap13 pointment of an individual as Inspector General 

14 shall be made not later than 30 days after the date 

15 of the enactment of this Act. 

16 (4) COMPENSATION.—The annual rate of basic 

17 pay of the Inspector General shall be the annual rate 

18 of basic pay provided for positions at level IV of the 

19 Executive Schedule under section 5315 of title 5, 

20 United States Code. 

21 (5) PROHIBITION ON POLITICAL ACTIVITIES.— 

22 For purposes of section 7324 of title 5, United 

23 States Code, the Inspector General shall not be con24 sidered an employee who determines policies to be 


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1 pursued by the United States in the nationwide ad2 ministration of Federal law. 

3 (6) REMOVAL.—The Inspector General shall be 

4 removable from office in accordance with the provi5 sions of section 403(b) of title 5, United States 

6 Code. 

7 (d) ASSISTANT INSPECTORS GENERAL.—The Inspec8 tor General shall, in accordance with applicable laws and 

9 regulations governing the civil service— 

10 (1) appoint an Assistant Inspector General for 

11 Auditing who shall have the responsibility for super12 vising the performance of auditing activities relating 

13 to programs and operations supported by amounts 

14 appropriated or otherwise made available for the 

15 military and nonmilitary support of Ukraine; and 

16 (2) appoint an Assistant Inspector General for 

17 Investigations who shall have the responsibility for 

18 supervising the performance of investigative activi19 ties relating to such programs and operations. 

20 (e) SUPERVISION.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the Inspector General shall report directly 

23 to, and be under the general supervision of, the Sec24 retary of State and the Secretary of Defense. 


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1 (2) INDEPENDENCE TO CONDUCT INVESTIGA2 TIONS AND AUDITS.—No officer of the Department 

3 of Defense, the Department of State, or the United 

4 States Agency for International Development shall 

5 prevent or prohibit the Inspector General from initi6 ating, carrying out, or completing any audit or in7 vestigation related to amounts appropriated or oth8 erwise made available for the military and non9 military support of Ukraine or from issuing any sub10 poena during the course of any such audit or inves11 tigation. 

12 (f) DUTIES.— 

13 (1) OVERSIGHT OF MILITARY AND NON14 MILITARY SUPPORT OF UKRAINE.—It shall be the 

15 duty of the Inspector General to conduct, supervise, 

16 and coordinate audits and investigations of the 

17 treatment, handling, and expenditure of amounts ap18 propriated or otherwise made available for the mili19 tary and nonmilitary support of Ukraine, and of the 

20 programs, operations, and contracts carried out uti21 lizing such funds, including— 

22 (A) the oversight and accounting of the ob23 ligation and expenditure of such funds; 

24 (B) the monitoring and review of contracts 

25 funded by such funds; 


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1 (C) the monitoring and review of the 

2 transfer of such funds and associated informa3 tion between and among departments, agencies, 

4 and entities of the United States and private 

5 and nongovernmental entities; 

6 (D) the maintenance of records on the use 

7 of such funds to facilitate future audits and in8 vestigations of the use of such funds; 

9 (E) the investigation of overpayments such 

10 as duplicate payments or duplicate billing and 

11 any potential unethical or illegal actions of Fed12 eral employees, contractors, or affiliated entities 

13 and the referral of such reports, as necessary, 

14 to the Department of Justice to ensure further 

15 investigations, prosecutions, recovery of further 

16 funds, or other remedies; 

17 (F) the monitoring and review of all mili18 tary and nonmilitary activities funded by such 

19 funds; and 

20 (G) the tracking and monitoring of all le21 thal and nonlethal security assistance provided 

22 by the United States, including a review of 

23 compliance with all applicable end-use certifi24 cation requirements. 


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1 (2) OTHER DUTIES RELATED TO OVERSIGHT.— 

2 The Inspector General shall establish, maintain, and 

3 oversee such systems, procedures, and controls as 

4 the Inspector General considers appropriate to dis5 charge the duties under paragraph (1). 

6 (3) DUTIES AND RESPONSIBILITIES UNDER

7 CHAPTER 4 OF TITLE 5, UNITED STATES CODE.—In 

8 addition to the duties specified in paragraphs (1) 

9 and (2), the Inspector General shall also have the 

10 duties and responsibilities of inspectors general 

11 under chapter 4 of title 5, United States Code. 

12 (4) COORDINATION OF EFFORTS.—In carrying 

13 out the duties, responsibilities, and authorities of the 

14 Inspector General under this section, the Inspector 

15 General shall coordinate with, and receive the co16 operation of each of the following: 

17 (A) The Inspector General of the Depart18 ment of Defense. 

19 (B) The Inspector General of the Depart20 ment of State. 

21 (C) The Inspector General of the United 

22 States Agency for International Development. 

23 (g) POWERS AND AUTHORITIES.— 

24 (1) AUTHORITIES UNDER CHAPTER 4 OF TITLE

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1 ties specified in subsection (f), the Inspector General 

2 shall have the authorities provided in section 406 of 

3 title 5, United States Code, including the authorities 

4 under subsection (e) of such section. 

5 (2) AUDIT STANDARDS.—The Inspector General 

6 shall carry out the duties specified in subsection 

7 (f)(1) in accordance with section 404(b)(1) of title 5, 

8 United States Code. 

9 (h) PERSONNEL, FACILITIES, AND OTHER RE10 SOURCES.— 

11 (1) PERSONNEL.— 

12 (A) IN GENERAL.—The Inspector General 

13 may select, appoint, and employ such officers 

14 and employees as may be necessary for carrying 

15 out the duties of the Inspector General, subject 

16 to the provisions of title 5, United States Code, 

17 governing appointments in the competitive serv18 ice, and the provisions of chapter 51 and sub19 chapter III of chapter 53 of such title, relating 

20 to classification and General Schedule pay 

21 rates. 

22 (B) ADDITIONAL AUTHORITIES.— 

23 (i) IN GENERAL.—Subject to clause 

24 (ii), the Inspector General may exercise the 

25 authorities of subsections (b) through (i) of 


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1 section 3161 of title 5, United States Code 

2 (without regard to subsection (a) of that 

3 section). 

4 (ii) PERIODS OF APPOINTMENTS.—In 

5 exercising the employment authorities 

6 under subsection (b) of section 3161 of 

7 title 5, United States Code, as provided 

8 under clause (i) of this subparagraph— 

9 (I) paragraph (2) of that sub10 section (relating to periods of appoint11 ments) shall not apply; and 

12 (II) no period of appointment 

13 may exceed the date on which the Of14 fice of the Special Inspector General 

15 for Ukraine Assistance terminates 

16 under subsection (o). 

17 (2) EMPLOYMENT OF EXPERTS AND CONSULT18 ANTS.—The Inspector General may obtain services 

19 as authorized by section 3109 of title 5, United 

20 States Code, at daily rates not to exceed the equiva21 lent rate prescribed for grade GS–15 of the General 

22 Schedule by section 5332 of such title. 

23 (3) CONTRACTING AUTHORITY.—To the extent 

24 and in such amounts as may be provided in advance 

25 by appropriations Acts, the Inspector General may 


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1 enter into contracts and other arrangements for au2 dits, studies, analyses, and other services with public 

3 agencies and with private persons, and make such 

4 payments as may be necessary to carry out the du5 ties of the Inspector General. 

6 (4) RESOURCES.—The Secretary of State or the 

7 Secretary of Defense, as appropriate, shall provide 

8 the Inspector General with— 

9 (A) appropriate and adequate office space 

10 at appropriate locations of the Department of 

11 State or the Department of Defense, as the 

12 case may be, in Ukraine or at an appropriate 

13 United States military installation in the Euro14 pean theater, together with such equipment, of15 fice supplies, and communications facilities and 

16 services as may be necessary for the operation 

17 of such offices, and shall provide necessary 

18 maintenance services for such offices and the 

19 equipment and facilities located therein; and 

20 (B) appropriate and adequate support for 

21 audits, investigations, and related activities by 

22 the Inspector General or assigned personnel 

23 within the territory of Ukraine. 

24 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 


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1 (A) IN GENERAL.—Upon request of the In2 spector General for information or assistance 

3 from any department, agency, or other entity of 

4 the Federal Government, the head of such enti5 ty shall, insofar as is practicable and not in 

6 contravention of any existing law, furnish such 

7 information or assistance to the Inspector Gen8 eral, or an authorized designee. 

9 (B) REPORTING OF REFUSED ASSIST10 ANCE.—Whenever information or assistance re11 quested by the Inspector General is, in the 

12 judgment of the Inspector General, unreason13 ably refused or not provided, the Inspector Gen14 eral shall report the circumstances to the Sec15 retary of State or the Secretary of Defense, as 

16 appropriate, and to the appropriate congres17 sional committees without delay. 

18 (i) REPORTS.— 

19 (1) QUARTERLY REPORTS.—Not later than 30 

20 days after the end of each fiscal-year quarter, the 

21 Inspector General shall submit to the appropriate 

22 congressional committees a report summarizing, for 

23 the period of that quarter and, to the extent pos24 sible, the period from the end of such quarter to the 

25 time of the submission of the report, the activities 


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1 during such period of the Inspector General and the 

2 activities under programs and operations funded 

3 with amounts appropriated or otherwise made avail4 able for the military and nonmilitary support of 

5 Ukraine. Each report shall include, for the period 

6 covered by such report, a detailed statement of all 

7 obligations, expenditures, and revenues associated 

8 with military and nonmilitary support of Ukraine, 

9 including the following: 

10 (A) Obligations and expenditures of appro11 priated funds. 

12 (B) Operating expenses of agencies or enti13 ties receiving amounts appropriated or other14 wise made available for the military and non15 military support of Ukraine. 

16 (C) In the case of any contract, grant, 

17 agreement, or other funding mechanism de18 scribed in paragraph (2)— 

19 (i) the amount of the contract, grant, 

20 agreement, or other funding mechanism; 

21 (ii) a brief discussion of the scope of 

22 the contract, grant, agreement, or other 

23 funding mechanism; 

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1 ernment involved in the contract, grant, 

2 agreement, or other funding mechanism 

3 identified, and solicited offers from, poten4 tial individuals or entities to perform the 

5 contract, grant, agreement, or other fund6 ing mechanism, together with a list of the 

7 potential individuals or entities that were 

8 issued solicitations for the offers; and 

9 (iv) the justification and approval doc10 uments on which was based the determina11 tion to use procedures other than proce12 dures that provide for full and open com13 petition. 

14 (D) An accounting comparison of— 

15 (i) the military and nonmilitary sup16 port provided to Ukraine by the United 

17 States; and 

18 (ii) the military and nonmilitary sup19 port provided to Ukraine by other North 

20 Atlantic Treaty Organization member 

21 countries, including allied contributions to 

22 Ukraine that are subsequently backfilled or 

23 subsidized using United States funds. 

24 (E) An evaluation of the compliance of the 

25 Government of Ukraine with all requirements 


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1 for receiving United States funds, including a 

2 description of any area of concern with respect 

3 to the ability of the Government of Ukraine to 

4 achieve such compliance. 

5 (2) COVERED CONTRACTS, GRANTS, AGREE6 MENTS, AND FUNDING MECHANISMS.—A contract, 

7 grant, agreement, or other funding mechanism de8 scribed in this paragraph is any major contract, 

9 grant, agreement, or other funding mechanism that 

10 is entered into by any department or agency of the 

11 United States Government that involves the use of 

12 amounts appropriated or otherwise made available 

13 for the military and nonmilitary support of Ukraine 

14 with any public or private sector entity for any of 

15 the following purposes: 

16 (A) To build or rebuild physical infrastruc17 ture of Ukraine. 

18 (B) To establish or reestablish a political 

19 or societal institution of Ukraine. 

20 (C) To provide products or services to the 

21 people of Ukraine. 

22 (D) To provide lethal or nonlethal weap23 onry to Ukraine. 

24 (E) To otherwise provide military or non25 military support to Ukraine. 


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1 (3) PUBLIC AVAILABILITY.—The Inspector 

2 General shall publish on a publicly available internet 

3 website each report under paragraph (1) of this sub4 section in English and other languages that the In5 spector General determines are widely used and un6 derstood in Ukraine. 

7 (4) FORM.—Each report required under this 

8 subsection shall be submitted in unclassified form, 

9 but may include a classified annex if the Inspector 

10 General considers it necessary. 

11 (5) RULE OF CONSTRUCTION.—Nothing in this 

12 subsection shall be construed to authorize the public 

13 disclosure of information that is— 

14 (A) specifically prohibited from disclosure 

15 by any other provision of law; 

16 (B) specifically required by Executive order 

17 to be protected from disclosure in the interest 

18 of national defense or national security or in 

19 the conduct of foreign affairs; or 

20 (C) a part of an ongoing criminal inves21 tigation. 

22 (j) REPORT COORDINATION.— 

23 (1) SUBMISSION TO SECRETARIES OF STATE

24 AND DEFENSE.—The Inspector General shall also 


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1 submit each report required under subsection (i) to 

2 the Secretary of State and the Secretary of Defense. 

3 (2) SUBMISSION TO CONGRESS.— 

4 (A) IN GENERAL.—Not later than 30 days 

5 after receipt of a report under paragraph (1), 

6 the Secretary of State and the Secretary of De7 fense shall submit to the appropriate congres8 sional committees any comments on the matters 

9 covered by the report. Such comments shall be 

10 submitted in unclassified form, but may include 

11 a classified annex if the Secretary of State or 

12 the Secretary of Defense, as the case may be, 

13 considers it necessary. 

14 (B) ACCESS.—On request, any Member of 

15 Congress may view comments submitted under 

16 subparagraph (A), including the classified 

17 annex. 

18 (k) TRANSPARENCY.— 

19 (1) REPORT.—Not later than 60 days after 

20 submission to the appropriate congressional commit21 tees of a report under subsection (i), the Secretary 

22 of State and the Secretary of Defense shall jointly 

23 make copies of the report available to the public 

24 upon request, and at a reasonable cost. 


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1 (2) COMMENTS ON MATTERS COVERED BY RE2 PORT.—Not later than 60 days after submission to 

3 the appropriate congressional committees under sub4 section (j)(2)(A) of comments on a report under 

5 subsection (i), the Secretary of State and the Sec6 retary of Defense shall jointly make copies of the 

7 comments available to the public upon request, and 

8 at a reasonable cost. 

9 (l) WAIVER.— 

10 (1) AUTHORITY.—The President may waive the 

11 requirement under paragraph (1) or (2) of sub12 section (k) with respect to availability to the public 

13 of any element in a report under subsection (i), or 

14 any comment under subsection (j)(2)(A), if the 

15 President determines that the waiver is justified for 

16 national security reasons. 

17 (2) NOTICE OF WAIVER.—The President shall 

18 publish a notice of each waiver made under this sub19 section in the Federal Register no later than the 

20 date on which a report required under subsection (i), 

21 or any comment under subsection (j)(2)(A), is sub22 mitted to the appropriate congressional committees. 

23 The report and comments shall specify whether 

24 waivers under this subsection were made and with 


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1 respect to which elements in the report or which 

2 comments, as appropriate. 

3 (3) SUBMISSION OF COMMENTS.—The Presi4 dent may not waive under this subsection subpara5 graph (A) or (B) of subsection (j). 

6 (m) DEFINITIONS.—In this section: 

7 (1) AMOUNTS APPROPRIATED OR OTHERWISE

8 MADE AVAILABLE FOR THE MILITARY AND NON9 MILITARY SUPPORT OF UKRAINE.—The term 

10 ‘‘amounts appropriated or otherwise made available 

11 for the military and nonmilitary support of Ukraine’’ 

12 means— 

13 (A) amounts appropriated or otherwise 

14 made available on or after January 1, 2022, 

15 for— 

16 (i) the Ukraine Security Assistance 

17 Initiative under section 1250 of the Na18 tional Defense Authorization Act for Fiscal 

19 Year 2016 (Public Law 11492; 129 Stat. 

20 1608); 

21 (ii) any foreign military financing 

22 accessed by the Government of Ukraine; 

23 (iii) the Presidential drawdown au24 thority under section 506(a) of the Foreign 


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1 Assistance Act of 1961 (22 U.S.C. 

2 2318(a)); 

3 (iv) the defense institution building 

4 program under section 332 of title 10, 

5 United States Code; 

6 (v) the building partner capacity pro7 gram under section 333 of title 10, United 

8 States Code; 

9 (vi) the International Military Edu10 cation and Training program of the De11 partment of State; and 

12 (vii) the United States European 

13 Command; and 

14 (B) amounts appropriated or otherwise 

15 made available on or after January 1, 2022, for 

16 the military, economic, reconstruction, or hu17 manitarian support of Ukraine under any ac18 count or for any purpose not described in sub19 paragraph (A). 

20 (2) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional com22 mittees’’ means— 

23 (A) the Committees on Appropriations, the 

24 Committee on Armed Services, the Committee 

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1 land Security and Governmental Affairs of the 

2 Senate; and 

3 (B) the Committees on Appropriations, the 

4 Committee on Armed Services, the Committee 

5 on Foreign Affairs, and the Committee on 

6 Oversight and Accountability of the House of 

7 Representatives. 

8 (n) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) IN GENERAL.—There is authorized to be 

10 appropriated $70,000,000 for fiscal year 2023 to 

11 carry out this section. 

12 (2) OFFSET.—The amount authorized to be ap13 propriated for fiscal year 2023 for the Ukraine Se14 curity Assistance Initiative is hereby reduced by 

15 $70,000,000. 

16 (o) TERMINATION.— 

17 (1) IN GENERAL.—The Office of the Special In18 spector General for Ukraine Assistance shall termi19 nate 180 days after the date on which amounts ap20 propriated or otherwise made available for the mili21 tary and nonmilitary support of Ukraine that are 

22 unexpended are less than $250,000,000. 

23 (2) FINAL REPORT.—The Inspector General 

24 shall, prior to the termination of the Office of the 

25 Special Inspector General for Ukraine Assistance 


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1 under paragraph (1), prepare and submit to the ap2 propriate congressional committees a final forensic 

3 audit report on programs and operations funded 

4 with amounts appropriated or otherwise made avail5 able for the military and nonmilitary support of 

6 Ukraine. 

Æ 


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