What This Bill Does
This bill creates a new office called the Office of the Special Inspector General for Ukrainian Military, Economic, and Humanitarian Aid. The office will audit and investigate how the U.S. government spends money on military, economic, and humanitarian assistance to Ukraine. The bill aims to prevent waste, fraud, and abuse of these funds.
Who It Affects
The Secretary of State, the Secretary of Defense, Congress, the Special Inspector General (a new government position), federal agencies providing aid to Ukraine, and contractors or entities receiving U.S. assistance funds.
Key Provisions
• A Special Inspector General will be appointed by the President within 30 days of the law taking effect to lead the new office (Sec. 4(b))
• The Special Inspector General will conduct audits and investigations of how military, economic, and humanitarian aid funds are spent, tracked, and used in reconstruction and contracts (Sec. 7(a))
• The Special Inspector General will submit quarterly reports to Congress detailing all spending, costs, contracts, and revenues related to Ukraine aid (Sec. 10(a))
• Quarterly reports will be published publicly on a website in English, Ukrainian, and Russian (Sec. 10(c))
• The President can prevent release of reports only if he determines national security requires it, and must publish notice of such decisions in the Federal Register (Sec. 11(c))
What Changes
A new federal office is created with the power to audit and investigate U.S. spending on Ukraine aid. Congress will receive quarterly detailed reports on all spending, contracts, and fund management. These reports become public unless the President blocks them for national security reasons. The Special Inspector General cannot be prevented from conducting audits or issuing subpoenas by the State Department, Defense Department, or other agencies.
Important Definitions
The bill defines "amounts appropriated or otherwise made available for the military, economic, and humanitarian aid for Ukraine" to mean funding for the Ukraine Security Assistance Initiative, Foreign Military Financing for Ukraine, and certain titles of the Ukraine Supplemental Appropriations Act (Sec. 3(1)).
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 855
To provide for the independent and objective conduct and supervision of
audits and investigations relating to the programs and operations funded
with amounts appropriated or otherwise made available to Ukraine for
military, economic, and humanitarian aid.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 6, 2023
Mr. WITTMAN (for himself, Mr. ISSA, Mr. BUCSHON, Mr. GRIFFITH, and Ms.
STEFANIK) introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs, and in addition to the Committees on Armed
Services, and Oversight and Accountability, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for the independent and objective conduct and
supervision of audits and investigations relating to the
programs and operations funded with amounts appro-
priated or otherwise made available to Ukraine for mili-
tary, economic, and humanitarian aid.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Independent and Ob-
4
jective Oversight of Ukrainian Assistance Act’’.
5
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•HR 855 IH
SEC. 2. PURPOSES.
1
The purposes of this Act are—
2
(1) to provide for the independent and objective
3
conduct and supervision of audits and investigations
4
relating to the programs and operations funded with
5
amounts appropriated or otherwise made available to
6
Ukraine for military, economic, and humanitarian
7
aid;
8
(2) to provide for the independent and objective
9
leadership and coordination of, and recommenda-
10
tions concerning, policies designed—
11
(A) to promote economic efficiency and ef-
12
fectiveness in the administration of the pro-
13
grams and operations described in paragraph
14
(1); and
15
(B) to prevent and detect waste, fraud,
16
and abuse in such programs and operations;
17
and
18
(3) to provide for an independent and objective
19
means of keeping the Secretary of State, the Sec-
20
retary of Defense, and the heads of other relevant
21
Federal agencies fully and currently informed
22
about—
23
(A) problems and deficiencies relating to
24
the administration of the programs and oper-
25
ations described in paragraph (1); and
26
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•HR 855 IH
(B) the necessity for, and the progress to-
1
ward implementing, corrective action related to
2
such programs.
3
SEC. 3. DEFINITIONS.
4
In this Act:
5
(1) AMOUNTS
APPROPRIATED
OR
OTHERWISE
6
MADE AVAILABLE FOR THE MILITARY, ECONOMIC,
7
AND HUMANITARIAN AID TO UKRAINE.—The term
8
‘‘amounts appropriated or otherwise made available
9
for the military, economic, and humanitarian aid for
10
Ukraine’’ means amounts appropriated or otherwise
11
made available for any fiscal year—
12
(A) for the Ukraine Security Assistance
13
Initiative;
14
(B) for Foreign Military Financing fund-
15
ing for Ukraine; and
16
(C) under titles III and VI of the Ukraine
17
Supplemental Appropriations Act (division N of
18
Public Law 117–103).
19
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
20
TEES.—The term ‘‘appropriate congressional com-
21
mittees’’ means—
22
(A) the Committee on Appropriations of
23
the Senate;
24
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•HR 855 IH
(B) the Committee on Armed Services of
1
the Senate;
2
(C) the Committee on Foreign Relations of
3
the Senate;
4
(D) the Committee on Appropriations of
5
the House of Representatives;
6
(E) the Committee on Armed Services of
7
the House of Representatives; and
8
(F) the Committee on Foreign Affairs of
9
the House of Representatives.
10
(3) OFFICE.—The term ‘‘Office’’ means the Of-
11
fice of the Special Inspector General for Ukrainian
12
Military, Economic, and Humanitarian Aid estab-
13
lished under section 4(a).
14
(4) SPECIAL INSPECTOR GENERAL.—The term
15
‘‘Special Inspector General’’ means the Special In-
16
spector General for Ukrainian Military, Economic,
17
and Humanitarian Aid appointed pursuant to sec-
18
tion 4(b).
19
SEC. 4. ESTABLISHMENT OF OFFICE OF THE SPECIAL IN-
20
SPECTOR GENERAL FOR UKRAINIAN MILI-
21
TARY, ECONOMIC, AND HUMANITARIAN AID.
22
(a) IN GENERAL.—There is hereby established the
23
Office of the Special Inspector General for Ukrainian Mili-
24
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•HR 855 IH
tary, Economic, and Humanitarian Aid to carry out the
1
purposes set forth in section 2.
2
(b) APPOINTMENT
OF SPECIAL INSPECTOR GEN-
3
ERAL.—The head of the Office shall be the Special Inspec-
4
tor General for Ukrainian Military, Economic, and Hu-
5
manitarian Aid, who shall be appointed by the President.
6
The first Special Inspector General shall be appointed not
7
later than 30 days after the date of the enactment of this
8
Act.
9
(c) QUALIFICATIONS.—The appointment of the Spe-
10
cial Inspector General shall be made solely on the basis
11
of integrity and demonstrated ability in accounting, audit-
12
ing, financial analysis, law, management analysis, public
13
administration, or investigations.
14
(d) COMPENSATION.—The annual rate of basic pay
15
of the Special Inspector General shall be the annual rate
16
of basic pay provided for positions at level IV of the Exec-
17
utive Schedule under section 5315 of title 5, United States
18
Code.
19
(e) PROHIBITION ON POLITICAL ACTIVITIES.—For
20
purposes of section 7324 of title 5, United States Code,
21
the Special Inspector General is not an employee who de-
22
termines policies to be pursued by the United States in
23
the nationwide administration of Federal law.
24
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•HR 855 IH
(f) REMOVAL.—The Special Inspector General shall
1
be removable from office in accordance with section 3(b)
2
of the Inspector General Act of 1978 (5 U.S.C. App.).
3
SEC. 5. ASSISTANT INSPECTORS GENERAL.
4
The Special Inspector General, in accordance with
5
applicable laws and regulations governing the civil service,
6
shall appoint—
7
(1) an Assistant Inspector General for Audit-
8
ing, who shall supervise the performance of auditing
9
activities relating to programs and operations sup-
10
ported by amounts appropriated or otherwise made
11
available for military, economic, and humanitarian
12
aid to Ukraine; and
13
(2) an Assistant Inspector General for Inves-
14
tigations, who shall supervise the performance of in-
15
vestigative activities relating to the programs and
16
operations described in paragraph (1).
17
SEC. 6. SUPERVISION.
18
(a) IN GENERAL.—Except as provided in subsection
19
(b), the Special Inspector General shall report directly to,
20
and be under the general supervision of, the Secretary of
21
State and the Secretary of Defense.
22
(b) INDEPENDENCE TO CONDUCT INVESTIGATIONS
23
AND AUDITS.—No officer of the Department of Defense,
24
the Department of State, the United States Agency for
25
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•HR 855 IH
International Development, or any other relevant Federal
1
agency may prevent or prohibit the Special Inspector Gen-
2
eral from—
3
(1) initiating, carrying out, or completing any
4
audit or investigation related to amounts appro-
5
priated or otherwise made available for the military,
6
economic, and humanitarian aid to Ukraine; or
7
(2) issuing any subpoena during the course of
8
any such audit or investigation.
9
SEC. 7. DUTIES.
10
(a) OVERSIGHT OF MILITARY, ECONOMIC, AND HU-
11
MANITARIAN AID TO UKRAINE PROVIDED AFTER FEB-
12
RUARY 24, 2022.—The Special Inspector General shall
13
conduct, supervise, and coordinate audits and investiga-
14
tions of the treatment, handling, and expenditure of
15
amounts appropriated or otherwise made available for
16
military, economic, and humanitarian aid to Ukraine, and
17
of the programs, operations, and contracts carried out uti-
18
lizing such funds, including—
19
(1) the oversight and accounting of the obliga-
20
tion and expenditure of such funds;
21
(2) the monitoring and review of reconstruction
22
activities funded by such funds;
23
(3) the monitoring and review of contracts
24
funded by such funds;
25
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•HR 855 IH
(4) the monitoring and review of the transfer of
1
such funds and associated information between and
2
among departments, agencies, and entities of the
3
United States and private and nongovernmental en-
4
tities;
5
(5) the maintenance of records regarding the
6
use of such funds to facilitate future audits and in-
7
vestigations of the use of such funds;
8
(6) the monitoring and review of the effective-
9
ness of United States coordination with the Govern-
10
ment of Ukraine, major recipients of Ukrainian refu-
11
gees, partners in the region, and other donor coun-
12
tries;
13
(7) the investigation of overpayments (such as
14
duplicate payments or duplicate billing) and any po-
15
tential unethical or illegal actions of Federal employ-
16
ees, contractors, or affiliated entities; and
17
(8) the referral of reports compiled as a result
18
of such investigations, as necessary, to the Depart-
19
ment of Justice to ensure further investigations,
20
prosecutions, recovery of funds, or other remedies.
21
(b) OTHER DUTIES RELATED TO OVERSIGHT.—The
22
Special Inspector General shall establish, maintain, and
23
oversee such systems, procedures, and controls as the Spe-
24
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•HR 855 IH
cial Inspector General considers appropriate to discharge
1
the duties described in subsection (a).
2
(c) CONSULTATION.—The Special Inspector General
3
shall consult with the appropriate congressional commit-
4
tees before engaging in auditing activities outside of
5
Ukraine.
6
(d) DUTIES AND RESPONSIBILITIES UNDER INSPEC-
7
TOR GENERAL ACT OF 1978.—In addition to the duties
8
specified in subsections (a) and (b), the Special Inspector
9
General shall have the duties and responsibilities of in-
10
spectors general under the Inspector General Act of 1978
11
(5 U.S.C. App.).
12
(e) COORDINATION OF EFFORTS.—In carrying out
13
the duties, responsibilities, and authorities of the Special
14
Inspector General under this Act, the Special Inspector
15
General shall coordinate with, and receive cooperation
16
from—
17
(1) the Inspector General of the Department of
18
Defense;
19
(2) the Inspector General of the Department of
20
State;
21
(3) the Inspector General of the United States
22
Agency for International Development; and
23
(4) the Inspector General of any other relevant
24
Federal agency.
25
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•HR 855 IH
SEC. 8. POWERS AND AUTHORITIES.
1
(a) AUTHORITIES UNDER INSPECTOR GENERAL ACT
2
OF 1978.—In carrying out the duties specified in section
3
7, the Special Inspector General shall have the authorities
4
provided under section 6 of the Inspector General Act of
5
1978, including the authorities under subsection (e) of
6
such section.
7
(b) AUDIT STANDARDS.—The Special Inspector Gen-
8
eral shall carry out the duties specified in section 7(a) in
9
accordance with section 4(b)(1) of the Inspector General
10
Act of 1978.
11
SEC. 9. PERSONNEL, FACILITIES, AND OTHER RESOURCES.
12
(a) PERSONNEL.—The Special Inspector General
13
may select, appoint, and employ such officers and employ-
14
ees as may be necessary for carrying out the duties of the
15
Special Inspector General, subject to the provisions of—
16
(1) chapter 33 of title 5, United States Code,
17
governing appointments in the competitive service;
18
and
19
(2) chapter 51 and subchapter III of chapter
20
53 of such title, relating to classification and Gen-
21
eral Schedule pay rates.
22
(b) EMPLOYMENT
OF
EXPERTS
AND
CONSULT-
23
ANTS.—The Special Inspector General may obtain the
24
services of experts and consultants in accordance with sec-
25
tion 3109 of title 5, United States Code, at daily rates
26
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•HR 855 IH
not to exceed the equivalent rate prescribed for grade GS–
1
15 of the General Schedule under section 5332 of such
2
title.
3
(c) CONTRACTING AUTHORITY.—To the extent and
4
in such amounts as may be provided in advance by appro-
5
priations Acts, the Special Inspector General may—
6
(1) enter into contracts and other arrangements
7
for audits, studies, analyses, and other services with
8
public agencies and with private persons; and
9
(2) make such payments as may be necessary
10
to carry out the duties of the Special Inspector Gen-
11
eral.
12
(d) RESOURCES.—The Secretary of State or the Sec-
13
retary of Defense, as appropriate, shall provide the Special
14
Inspector General with—
15
(1) appropriate and adequate office space at ap-
16
propriate locations of the Department of State or
17
the Department of Defense, as appropriate, in
18
Ukraine or in European partner countries;
19
(2) such equipment, office supplies, and com-
20
munications facilities and services as may be nec-
21
essary for the operation of such offices; and
22
(3) necessary maintenance services for such of-
23
fices and the equipment and facilities located in such
24
offices.
25
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•HR 855 IH
(e) ASSISTANCE FROM FEDERAL AGENCIES.—
1
(1) IN GENERAL.—Upon request of the Special
2
Inspector General for information or assistance from
3
any department, agency, or other entity of the Fed-
4
eral Government, the head of such entity shall, to
5
the extent practicable and not in contravention of
6
any existing law, furnish such information or assist-
7
ance to the Special Inspector General or an a
[Text truncated for display. Full text available on Congress.gov.]