Special Inspector General for Ukraine Assistance Act

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 651 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Special Inspector General for 
Ukraine Assistance Act''.

SEC. 2. SPECIAL INSPECTOR GENERAL FOR UKRAINE ASSISTANCE.

    (a) Purposes.--The purposes of this section are as follows:
            (1) To provide for the independent and objective conduct 
        and supervision of audits and investigations, including within 
        the territory of Ukraine, relating to the programs and 
        operations funded with amounts appropriated or otherwise made 
        available for the military and nonmilitary support of Ukraine.
            (2) To provide for the independent and objective leadership 
        and coordination of, and recommendations on, policies designed 
        to prevent and detect waste, fraud, and abuse in such programs 
        and operations described in paragraph (1).
            (3) To provide for an independent and objective means of 
        keeping the Secretary of State, the Secretary of Defense, and 
        Congress fully and currently informed about problems and 
        deficiencies relating to the administration of such programs 
        and operations and the necessity for and progress on corrective 
        action.
    (b) Office of Inspector General.--There is hereby established the 
Office of the Special Inspector General for Ukraine Assistance to carry 
out the purposes set forth in subsection (a).
    (c) Appointment of Inspector General; Removal.--
            (1) Appointment.--The head of the Office of the Special 
        Inspector General for Ukraine Assistance is the Special 
        Inspector General for Ukraine Assistance (in this section 
        referred to as the ``Inspector General''), who shall be 
        appointed by the President with the advice and consent of the 
        Senate.
            (2) Qualifications.--The appointment of the Inspector 
        General shall be made solely on the basis of integrity and 
        demonstrated ability in accounting, auditing, financial 
        analysis, law, management analysis, public administration, or 
        investigations.
            (3) Deadline for appointment.--The appointment of an 
        individual as Inspector General shall be made not later than 30 
        days after the date of the enactment of this Act.
            (4) Compensation.--The annual rate of basic pay of the 
        Inspector General shall be the annual rate of basic pay 
        provided for positions at level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code.
            (5) Prohibition on political activities.--For purposes of 
        section 7324 of title 5, United States Code, the Inspector 
        General shall not be considered an employee who determines 
        policies to be pursued by the United States in the nationwide 
        administration of Federal law.
            (6) Removal.--The Inspector General shall be removable from 
        office in accordance with the provisions of section 403(b) of 
        title 5, United States Code.
    (d) Assistant Inspectors General.--The Inspector General shall, in 
accordance with applicable laws and regulations governing the civil 
service--
            (1) appoint an Assistant Inspector General for Auditing who 
        shall have the responsibility for supervising the performance 
        of auditing activities relating to programs and operations 
        supported by amounts appropriated or otherwise made available 
        for the military and nonmilitary support of Ukraine; and
            (2) appoint an Assistant Inspector General for 
        Investigations who shall have the responsibility for 
        supervising the performance of investigative activities 
        relating to such programs and operations.
    (e) Supervision.--
            (1) In general.--Except as provided in paragraph (2), the 
        Inspector General shall report directly to, and be under the 
        general supervision of, the Secretary of State and the 
        Secretary of Defense.
            (2) Independence to conduct investigations and audits.--No 
        officer of the Department of Defense, the Department of State, 
        or the United States Agency for International Development shall 
        prevent or prohibit the Inspector General from initiating, 
        carrying out, or completing any audit or investigation related 
        to amounts appropriated or otherwise made available for the 
        military and nonmilitary support of Ukraine or from issuing any 
        subpoena during the course of any such audit or investigation.
    (f) Duties.--
            (1) Oversight of military and nonmilitary support of 
        ukraine.--It shall be the duty of the Inspector General to 
        conduct, supervise, and coordinate audits and investigations of 
        the treatment, handling, and expenditure of amounts 
        appropriated or otherwise made available for the military and 
        nonmilitary support of Ukraine, and of the programs, 
        operations, and contracts carried out utilizing such funds, 
        including--
                    (A) the oversight and accounting of the obligation 
                and expenditure of such funds;
                    (B) the monitoring and review of contracts funded 
                by such funds;
                    (C) the monitoring and review of the transfer of 
                such funds and associated information between and among 
                departments, agencies, and entities of the United 
                States and private and nongovernmental entities;
                    (D) the maintenance of records on the use of such 
                funds to facilitate future audits and investigations of 
                the use of such funds;
                    (E) the investigation of overpayments such as 
                duplicate payments or duplicate billing and any 
                potential unethical or illegal actions of Federal 
                employees, contractors, or affiliated entities and the 
                referral of such reports, as necessary, to the 
                Department of Justice to ensure further investigations, 
                prosecutions, recovery of further funds, or other 
                remedies;
                    (F) the monitoring and review of all military and 
                nonmilitary activities funded by such funds; and
                    (G) the tracking and monitoring of all lethal and 
                nonlethal security assistance provided by the United 
                States, including a review of compliance with all 
                applicable end-use certification requirements.
            (2) Other duties related to oversight.--The Inspector 
        General shall establish, maintain, and oversee such systems, 
        procedures, and controls as the Inspector General considers 
        appropriate to discharge the duties under paragraph (1).
            (3) Duties and responsibilities under chapter 4 of title 5, 
        united states code.--In addition to the duties specified in 
        paragraphs (1) and (2), the Inspector General shall also have 
        the duties and responsibilities of inspectors general under 
        chapter 4 of title 5, United States Code.
            (4) Coordination of efforts.--In carrying out the duties, 
        responsibilities, and authorities of the Inspector General 
        under this section, the Inspector General shall coordinate 
        with, and receive the cooperation of each of the following:
                    (A) The Inspector General of the Department of 
                Defense.
                    (B) The Inspector General of the Department of 
                State.
                    (C) The Inspector General of the United States 
                Agency for International Development.
    (g) Powers and Authorities.--
            (1) Authorities under chapter 4 of title 5, united states 
        code.--In carrying out the duties specified in subsection (f), 
        the Inspector General shall have the authorities provided in 
        section 406 of title 5, United States Code, including the 
        authorities under subsection (e) of such section.
            (2) Audit standards.--The Inspector General shall carry out 
        the duties specified in subsection (f)(1) in accordance with 
        section 404(b)(1) of title 5, United States Code.
    (h) Personnel, Facilities, and Other Resources.--
            (1) Personnel.--
                    (A) In general.--The Inspector General may select, 
                appoint, and employ such officers and employees as may 
                be necessary for carrying out the duties of the 
                Inspector General, subject to the provisions of title 
                5, United States Code, governing appointments in the 
                competitive service, and the provisions of chapter 51 
                and subchapter III of chapter 53 of such title, 
                relating to classification and General Schedule pay 
                rates.
                    (B) Additional authorities.--
                            (i) In general.--Subject to clause (ii), 
                        the Inspector General may exercise the 
                        authorities of subsections (b) through (i) of 
                        section 3161 of title 5, United States Code 
                        (without regard to subsection (a) of that 
                        section).
                            (ii) Periods of appointments.--In 
                        exercising the employment authorities under 
                        subsection (b) of section 3161 of title 5, 
                        United States Code, as provided under clause 
                        (i) of this subparagraph--
                                    (I) paragraph (2) of that 
                                subsection (relating to periods of 
                                appointments) shall not apply; and
                                    (II) no period of appointment may 
                                exceed the date on which the Office of 
                                the Special Inspector General for 
                                Ukraine Assistance terminates under 
                                subsection (o).
            (2) Employment of experts and consultants.--The Inspector 
        General may obtain services as authorized by section 3109 of 
        title 5, United States Code, at daily rates not to exceed the 
        equivalent rate prescribed for grade GS-15 of the General 
        Schedule by section 5332 of such title.
            (3) Contracting authority.--To the extent and in such 
        amounts as may be provided in advance by appropriations Acts, 
        the Inspector General may enter into contracts and other 
        arrangements for audits, studies, analyses, and other services 
        with public agencies and with private persons, and make such 
        payments as may be necessary to carry out the duties of the 
        Inspector General.
            (4) Resources.--The Secretary of State or the Secretary of 
        Defense, as appropriate, shall provide the Inspector General 
        with--
                    (A) appropriate and adequate office space at 
                appropriate locations of the Department of State or the 
                Department of Defense, as the case may be, in Ukraine 
                or at an appropriate United States military 
                installation in the European theater, together with 
                such equipment, office supplies, and communications 
                facilities and services as may be necessary for the 
                operation of such offices, and shall provide necessary 
                maintenance services for such offices and the equipment 
                and facilities located therein; and
                    (B) appropriate and adequate support for audits, 
                investigations, and related activities by the Inspector 
                General or assigned personnel within the territory of 
                Ukraine.
            (5) Assistance from federal agencies.--
                    (A) In general.--Upon request of the Inspector 
                General for information or assistance from any 
                department, agency, or other entity of the Federal 
                Government, the head of such entity shall, insofar as 
                is practicable and not in contravention of any existing 
                law, furnish such information or assistance to the 
                Inspector General, or an authorized designee.
                    (B) Reporting of refused assistance.--Whenever 
                information or assistance requested by the Inspector 
                General is, in the judgment of the Inspector General, 
                unreasonably refused or not provided, the Inspector 
                General shall report the circumstances to the Secretary 
                of State or the Secretary of Defense, as appropriate, 
                and to the appropriate congressional committees without 
                delay.
    (i) Reports.--
            (1) Quarterly reports.--Not later than 30 days after the 
        end of each fiscal-year quarter, the Inspector General shall 
        submit to the appropriate congressional committees a report 
        summarizing, for the period of that quarter and, to the extent 
        possible, the period from the end of such quarter to the time 
        of the submission of the report, the activities during such 
        period of the Inspector General and the activities under 
        programs and operations funded with amounts appropriated or 
        otherwise made available for the military and nonmilitary 
        support of Ukraine. Each report shall include, for the period 
        covered by such report, a detailed statement of all 
        obligations, expenditures, and revenues associated with 
        military and nonmilitary support of Ukraine, including the 
        following:
                    (A) Obligations and expenditures of appropriated 
                funds.
                    (B) Operating expenses of agencies or entities 
                receiving amounts appropriated or otherwise made 
                available for the military and nonmilitary support of 
                Ukraine.
                    (C) In the case of any contract, grant, agreement, 
                or other funding mechanism described in paragraph (2)--
                            (i) the amount of the contract, grant, 
                        agreement, or other funding mechanism;
                            (ii) a brief discussion of the scope of the 
                        contract, grant, agreement, or other funding 
                        mechanism;
                            (iii) a discussion of how the department or 
                        agency of the United States Government involved 
                        in the contract, grant, agreement, or other 
                        funding mechanism identified, and solicited 
                        offers from, potential individuals or entities 
                        to perform the contract, grant, agreement, or 
                        other funding mechanism, together with a list 
                        of the potential individuals or entities that 
                        were issued solicitations for the offers; and
                            (iv) the justification and approval 
                        documents on which was based the determination 
                        to use procedures other than procedures that 
                        provide for full and open competition.
                    (D) An accounting comparison of--
                            (i) the military and nonmilitary support 
                        provided to Ukraine by the United States; and
                            (ii) the military and nonmilitary support 
                        provided to Ukraine by other North Atlantic 
                        Treaty Organization member countries, including 
                        allied contributions to Ukraine that are 
                        subsequently backfilled or subsidized using 
                        United States funds.
                    (E) An evaluation of the compliance of the 
                Government of Ukraine with all requirements for 
                receiving United States funds, including a description 
                of any area of concern with respect to the ability of 
                the Government of Ukraine to achieve such compliance.
            (2) Covered contracts, grants, agreements, and funding 
        mechanisms.--A contract, grant, agreement, or other funding 
        mechanism described in this paragraph is any major contract, 
        grant, agreement, or other funding mechanism that is entered 
        into by any department or agency of the United States 
        Government that involves the use of amounts appropriated or 
        otherwise made available for the military and nonmilitary 
        support of Ukraine with any public or private sector entity for 
        any of the following purposes:
                    (A) To build or rebuild physical infrastructure of 
                Ukraine.
                    (B) To establish or reestablish a political or 
                societal institution of Ukraine.
                    (C) To provide products or services to the people 
                of Ukraine.
                    (D) To provide lethal or nonlethal weaponry to 
                Ukraine.
                    (E) To otherwise provide military or nonmilitary 
                support to Ukraine.
            (3) Public availability.--The Inspector General shall 
        publish on a publicly available internet website each report 
        under paragraph (1) of this subsection in English and other 
        languages that the Inspector General determines are widely used 
        and understood in Ukraine.
            (4) Form.--Each report required under this subsection shall 
        be submitted in unclassified form, but may include a classified 
        annex if the Inspector General considers it necessary.
            (5) Rule of construction.--Nothing in this subsection shall 
        be construed to authorize the public disclosure of information 
        that is--
                    (A) specifically prohibited from disclosure by any 
                other provision of law;
                    (B) specifically required by Executive order to be 
                protected from disclosure in the interest of national 
                defense or national security or in the conduct of 
                foreign affairs; or
                    (C) a part of an ongoing criminal investigation.
    (j) Report Coordination.--
            (1) Submission to secretaries of state and defense.--The 
        Inspector General shall also submit each report required under 
        subsection (i) to the Secretary of State and the Secretary of 
        Defense.
            (2) Submission to congress.--
                    (A) In general.--Not later than 30 days after 
                receipt of a report under paragraph (1), the Secretary 
                of State and the Secretary of Defense shall submit to 
                the appropriate congressional committees any comments 
                on the matters covered by the report. Such comments 
                shall be submitted in unclassified form, but may 
                include a classified annex if the Secretary of State or 
                the Secretary of Defense, as the case may be, considers 
                it necessary.
                    (B) Access.--On request, any Member of Congress may 
                view comments submitted under subparagraph (A), 
                including the classified annex.
    (k) Transparency.--
            (1) Report.--Not later than 60 days after submission to the 
        appropriate congressional committees of a report under 
        subsection (i), the Secretary of State and the Secretary of 
        Defense shall jointly make copies of the report available to 
        the public upon request, and at a reasonable cost.
            (2) Comments on matters covered by report.--Not later than 
        60 days after submission to the appropriate congressional 
        committees under subsection (j)(2)(A) of comments on a report 
        under subsection (i), the Secretary of State and the Secretary 
        of Defense shall jointly make copies of the comments available 
        to the public upon request, and at a reasonable cost.
    (l) Waiver.--
            (1) Authority.--The President may waive the requirement 
        under paragraph (1) or (2) of subsection (k) with respect to 
        availability to the public of any element in a report under 
        subsection (i), or any comment under subsection (j)(2)(A), if 
        the President determines that the waiver is justified for 
        national security reasons.
            (2) Notice of waiver.--The President shall publish a notice 
        of each waiver made under this subsection in the Federal 
        Register no later than the date on which a report required 
        under subsection (i), or any comment under subsection 
        (j)(2)(A), is submitted to the appropriate congressional 
        committees. The report and comments shall specify whether 
        waivers under this subsection were made and with respect to 
        which elements in the report or which comments, as appropriate.
            (3) Submission of comments.--The President may not waive 
        under this subsection subparagraph (A) or (B) of subsection 
        (j).
    (m) Definitions.--In this section:
            (1) Amounts appropriated or otherwise made available for 
        the military and nonmilitary support of ukraine.--The term 
        ``amounts appropriated or otherwise made available for the 
        military and nonmilitary support of Ukraine'' means--
                    (A) amounts appropriated or otherwise made 
                available on or after January 1, 2022, for--
                            (i) the Ukraine Security Assistance 
                        Initiative under section 1250 of the National 
                        Defense Authorization Act for Fiscal Year 2016 
                        (Public Law 11492; 129 Stat. 1608);
                            (ii) any foreign military financing 
                        accessed by the Government of Ukraine;
                            (iii) the Presidential drawdown authority 
                        under section 506(a) of the Foreign Assistance 
                        Act of 1961 (22 U.S.C. 2318(a));
                            (iv) the defense institution building 
                        program under section 332 of title 10, United 
                        States Code;
                            (v) the building partner capacity program 
                        under section 333 of title 10, United States 
                        Code;
                            (vi) the International Military Education 
                        and Training program of the Department of 
                        State; and
                            (vii) the United States European Command; 
                        and
                    (B) amounts appropriated or otherwise made 
                available on or after January 1, 2022, for the 
                military, economic, reconstruction, or humanitarian 
                support of Ukraine under any account or for any purpose 
                not described in subparagraph (A).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committees on Appropriations, the Committee 
                on Armed Services, the Committee on Foreign Relations, 
                and Committee on Homeland Security and Governmental 
                Affairs of the Senate; and
                    (B) the Committees on Appropriations, the Committee 
                on Armed Services, the Committee on Foreign Affairs, 
                and the Committee on Oversight and Accountability of 
                the House of Representatives.
    (n) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $70,000,000 for fiscal year 2023 to carry out this section.
            (2) Offset.--The amount authorized to be appropriated for 
        fiscal year 2023 for the Ukraine Security Assistance Initiative 
        is hereby reduced by $70,000,000.
    (o) Termination.--
            (1) In general.--The Office of the Special Inspector 
        General for Ukraine Assistance shall terminate 180 days after 
        the date on which amounts appropriated or otherwise made 
        available for the military and nonmilitary support of Ukraine 
        that are unexpended are less than $250,000,000.
            (2) Final report.--The Inspector General shall, prior to 
        the termination of the Office of the Special Inspector General 
        for Ukraine Assistance under paragraph (1), prepare and submit 
        to the appropriate congressional committees a final forensic 
        audit report on programs and operations funded with amounts 
        appropriated or otherwise made available for the military and 
        nonmilitary support of Ukraine.
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