Summary
# S. 541: Independent and Objective Oversight of Ukrainian Assistance Act
## WHAT THIS BILL DOES
This bill creates a new government office called the Office of the Special Inspector General for Ukrainian Military, Economic, and Humanitarian Aid. The office will oversee how the federal government uses money given to Ukraine for military support, economic aid, and humanitarian assistance. The Special Inspector General will conduct audits and investigations to prevent waste, fraud, and abuse of these funds.
## WHO IT AFFECTS
Federal agencies including the Department of State, Department of Defense, and United States Agency for International Development. Congress, particularly committees handling appropriations, armed services, foreign relations, homeland security, and oversight. The President, who appoints the Special Inspector General. Federal employees and contractors working with Ukrainian aid programs. The general public, since reports will be published online.
## KEY PROVISIONS
• A Special Inspector General must be appointed by the President within 30 days of the law taking effect and will oversee all audits and investigations of Ukrainian aid funds (Sec. 4)
• The Special Inspector General must conduct audits and investigations of how aid money is spent, including tracking contracts, reconstruction activities, and preventing overpayments and fraud (Sec. 7)
• The office must submit detailed quarterly reports to Congress, the State Department, and Defense Department showing all spending, obligations, and detailed accounting of military, economic, and humanitarian aid (Sec. 10)
• All quarterly reports must be published on a public website in English, Ukrainian, and Russian (Sec. 10)
• The office will terminate 180 days after unexpended reconstruction funds for Ukraine fall below $250 million, at which time the Special Inspector General must submit a final forensic audit report (Sec. 13)
## WHAT CHANGES
A new federal office with independent authority to investigate and audit all Ukrainian aid programs will be created. The Special Inspector General will have power to issue subpoenas and conduct investigations that cannot be stopped by other federal agencies. Congress and the public will receive detailed quarterly reports on all Ukrainian aid spending, contracts, and programs. Reports will be published online in three languages. The President can waive public disclosure only for national security reasons, which must be published in the Federal Register. Federal agencies must provide office space, equipment, and assistance to the new office.
## IMPORTANT DEFINITIONS
**Amounts appropriated or otherwise made available for military, economic, and humanitarian aid to Ukraine** includes funds for the Ukraine Security Assistance Initiative, Foreign Military Financing for Ukraine, certain Department of State programs, and specific funds from prior spending laws. (Sec. 3)
**Appropriate congressional committees** means eight specific committees in the Senate and House of Representatives responsible for appropriations, armed services, foreign relations, homeland security, and oversight. (Sec. 3)
## EFFECTIVE DATE
The first Special Inspector General must be appointed no later than 30 days after the law is enacted. Not specified in bill text for when other provisions take effect.
II
118TH CONGRESS
1ST SESSION
S. 541
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 SENATE OF THE UNITED STATES
FEBRUARY 28, 2023
Mr. KENNEDY (for himself, Ms. SINEMA, Mrs. HYDE-SMITH, and Mr.
CRAMER) introduced the following bill; which was read twice and referred
to the Committee on Homeland Security and Governmental Affairs
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; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Independent and Objective Oversight of Ukrainian As-
5
sistance Act’’.
6
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•S 541 IS
(b) TABLE OF CONTENTS.—The table of contents for
1
this Act is as follows:
2
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Establishment of Office of the Special Inspector General for Ukrainian
Military, Economic, and Humanitarian Aid.
Sec. 5. Assistant Inspectors General.
Sec. 6. Supervision.
Sec. 7. Duties.
Sec. 8. Powers and authorities.
Sec. 9. Personnel, facilities, and other resources.
Sec. 10. Reports.
Sec. 11. Transparency.
Sec. 12. Authorization of appropriations.
Sec. 13. Termination.
SEC. 2. PURPOSES.
3
The purposes of this Act are—
4
(1) to provide for the independent and objective
5
conduct and supervision of audits and investigations
6
relating to the programs and operations funded with
7
amounts appropriated or otherwise made available to
8
Ukraine for military, economic, and humanitarian
9
aid;
10
(2) to provide for the independent and objective
11
leadership and coordination of, and recommenda-
12
tions concerning, policies designed—
13
(A) to promote economic efficiency and ef-
14
fectiveness in the administration of the pro-
15
grams and operations described in paragraph
16
(1); and
17
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•S 541 IS
(B) to prevent and detect waste, fraud,
1
and abuse in such programs and operations;
2
and
3
(3) to provide for an independent and objective
4
means of keeping the Secretary of State, the Sec-
5
retary of Defense, and the heads of other relevant
6
Federal agencies fully and currently informed
7
about—
8
(A) problems and deficiencies relating to
9
the administration of the programs and oper-
10
ations described in paragraph (1); and
11
(B) the necessity for, and the progress to-
12
ward implementing, corrective action related to
13
such programs.
14
SEC. 3. DEFINITIONS.
15
In this Act:
16
(1) AMOUNTS
APPROPRIATED
OR
OTHERWISE
17
MADE AVAILABLE FOR THE MILITARY, ECONOMIC,
18
AND HUMANITARIAN AID TO UKRAINE.—The term
19
‘‘amounts appropriated or otherwise made available
20
for the military, economic, and humanitarian aid for
21
Ukraine’’ means amounts appropriated or otherwise
22
made available for any fiscal year—
23
(A) for the Ukraine Security Assistance
24
Initiative;
25
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•S 541 IS
(B) for Foreign Military Financing fund-
1
ing for Ukraine;
2
(C) to the Department of State under the
3
heading
‘‘NONPROLIFERATION,
ANTI-TER-
4
RORISM, DEMINING AND RELATED PROGRAMS’’;
5
and
6
(D) under titles III and VI of the Ukraine
7
Supplemental Appropriations Act (division N of
8
Public Law 117–103).
9
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
10
TEES.—The term ‘‘appropriate congressional com-
11
mittees’’ means—
12
(A) the Committee on Appropriations of
13
the Senate;
14
(B) the Committee on Armed Services of
15
the Senate;
16
(C) the Committee on Foreign Relations of
17
the Senate;
18
(D) the Committee on Homeland Security
19
and Governmental Affairs of the Senate;
20
(E) the Committee on Appropriations of
21
the House of Representatives;
22
(F) the Committee on Armed Services of
23
the House of Representatives;
24
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•S 541 IS
(G) the Committee on Foreign Affairs of
1
the House of Representatives; and
2
(H) the Committee on Oversight and Re-
3
form of the House of Representatives.
4
(3) OFFICE.—The term ‘‘Office’’ means the Of-
5
fice of the Special Inspector General for Ukrainian
6
Military, Economic, and Humanitarian Aid estab-
7
lished under section 4(a).
8
(4) SPECIAL INSPECTOR GENERAL.—The term
9
‘‘Special Inspector General’’ means the Special In-
10
spector General for Ukrainian Military, Economic,
11
and Humanitarian Aid appointed pursuant to sec-
12
tion 4(b).
13
SEC. 4. ESTABLISHMENT OF OFFICE OF THE SPECIAL IN-
14
SPECTOR GENERAL FOR UKRAINIAN MILI-
15
TARY, ECONOMIC, AND HUMANITARIAN AID.
16
(a) IN GENERAL.—There is hereby established the
17
Office of the Special Inspector General for Ukrainian Mili-
18
tary, Economic, and Humanitarian Aid to carry out the
19
purposes set forth in section 2.
20
(b) APPOINTMENT
OF SPECIAL INSPECTOR GEN-
21
ERAL.—The head of the Office shall be the Special Inspec-
22
tor General for Ukrainian Military, Economic, and Hu-
23
manitarian Aid, who shall be appointed by the President.
24
The first Special Inspector General shall be appointed not
25
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•S 541 IS
later than 30 days after the date of the enactment of this
1
Act.
2
(c) QUALIFICATIONS.—The appointment of the Spe-
3
cial Inspector General shall be made solely on the basis
4
of integrity and demonstrated ability in accounting, audit-
5
ing, financial analysis, law, management analysis, public
6
administration, or investigations.
7
(d) COMPENSATION.—The annual rate of basic pay
8
of the Special Inspector General shall be the annual rate
9
of basic pay provided for positions at level IV of the Exec-
10
utive Schedule under section 5315 of title 5, United States
11
Code.
12
(e) PROHIBITION ON POLITICAL ACTIVITIES.—For
13
purposes of section 7324 of title 5, United States Code,
14
the Special Inspector General is not an employee who de-
15
termines policies to be pursued by the United States in
16
the nationwide administration of Federal law.
17
(f) REMOVAL.—The Special Inspector General shall
18
be removable from office in accordance with section 3(b)
19
of the Inspector General Act of 1978 (5 U.S.C. App.).
20
SEC. 5. ASSISTANT INSPECTORS GENERAL.
21
The Special Inspector General, in accordance with
22
applicable laws and regulations governing the civil service,
23
shall appoint—
24
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•S 541 IS
(1) an Assistant Inspector General for Audit-
1
ing, who shall supervise the performance of auditing
2
activities relating to programs and operations sup-
3
ported by amounts appropriated or otherwise made
4
available for military, economic, and humanitarian
5
aid to Ukraine; and
6
(2) an Assistant Inspector General for Inves-
7
tigations, who shall supervise the performance of in-
8
vestigative activities relating to the programs and
9
operations described in paragraph (1).
10
SEC. 6. SUPERVISION.
11
(a) IN GENERAL.—Except as provided in subsection
12
(b), the Special Inspector General shall report directly to,
13
and be under the general supervision of, the Secretary of
14
State and the Secretary of Defense.
15
(b) INDEPENDENCE TO CONDUCT INVESTIGATIONS
16
AND AUDITS.—No officer of the Department of Defense,
17
the Department of State, the United States Agency for
18
International Development, or any other relevant Federal
19
agency may prevent or prohibit the Special Inspector Gen-
20
eral from—
21
(1) initiating, carrying out, or completing any
22
audit or investigation related to amounts appro-
23
priated or otherwise made available for the military,
24
economic, and humanitarian aid to Ukraine; or
25
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•S 541 IS
(2) issuing any subpoena during the course of
1
any such audit or investigation.
2
SEC. 7. DUTIES.
3
(a) OVERSIGHT OF MILITARY, ECONOMIC, AND HU-
4
MANITARIAN AID TO UKRAINE PROVIDED AFTER FEB-
5
RUARY 24, 2022.—The Special Inspector General shall
6
conduct, supervise, and coordinate audits and investiga-
7
tions of the treatment, handling, and expenditure of
8
amounts appropriated or otherwise made available for
9
military, economic, and humanitarian aid to Ukraine, and
10
of the programs, operations, and contracts carried out uti-
11
lizing such funds, including—
12
(1) the oversight and accounting of the obliga-
13
tion and expenditure of such funds;
14
(2) the monitoring and review of reconstruction
15
activities funded by such funds;
16
(3) the monitoring and review of contracts
17
funded by such funds;
18
(4) the monitoring and review of the transfer of
19
such funds and associated information between and
20
among departments, agencies, and entities of the
21
United States and private and nongovernmental en-
22
tities;
23
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•S 541 IS
(5) the maintenance of records regarding the
1
use of such funds to facilitate future audits and in-
2
vestigations of the use of such funds;
3
(6) the monitoring and review of the effective-
4
ness of United States coordination with the Govern-
5
ment of Ukraine, major recipients of Ukrainian refu-
6
gees, partners in the region, and other donor coun-
7
tries;
8
(7) the investigation of overpayments (such as
9
duplicate payments or duplicate billing) and any po-
10
tential unethical or illegal actions of Federal employ-
11
ees, contractors, or affiliated entities; and
12
(8) the referral of reports compiled as a result
13
of such investigations, as necessary, to the Depart-
14
ment of Justice to ensure further investigations,
15
prosecutions, recovery of funds, or other remedies.
16
(b) OTHER DUTIES RELATED TO OVERSIGHT.—The
17
Special Inspector General shall establish, maintain, and
18
oversee such systems, procedures, and controls as the Spe-
19
cial Inspector General considers appropriate to discharge
20
the duties described in subsection (a).
21
(c) CONSULTATION.—The Special Inspector General
22
shall consult with the appropriate congressional commit-
23
tees before engaging in auditing activities outside of
24
Ukraine.
25
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•S 541 IS
(d) DUTIES AND RESPONSIBILITIES UNDER INSPEC-
1
TOR GENERAL ACT OF 1978.—In addition to the duties
2
specified in subsections (a) and (b), the Special Inspector
3
General shall have the duties and responsibilities of in-
4
spectors general under the Inspector General Act of 1978
5
(5 U.S.C. App.).
6
(e) COORDINATION OF EFFORTS.—In carrying out
7
the duties, responsibilities, and authorities of the Special
8
Inspector General under this Act, the Special Inspector
9
General shall coordinate with, and receive cooperation
10
from—
11
(1) the Inspector General of the Department of
12
Defense;
13
(2) the Inspector General of the Department of
14
State;
15
(3) the Inspector General of the United States
16
Agency for International Development; and
17
(4) the Inspector General of any other relevant
18
Federal agency.
19
SEC. 8. POWERS AND AUTHORITIES.
20
(a) AUTHORITIES UNDER INSPECTOR GENERAL ACT
21
OF 1978.—
22
(1) IN GENERAL.—Except as provided in para-
23
graph (2), in carrying out the duties specified in sec-
24
tion 7, the Special Inspector General shall have the
25
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•S 541 IS
authorities provided under section 6 of the Inspector
1
General Act of 1978, including the authorities under
2
subsection (e) of such section.
3
(2) LIMITATION.—The Special Inspector Gen-
4
eral is not authorized to audit or investigate the in-
5
telligence community (as defined in section 3 of the
6
National Security Act of 1947 (50 U.S.C. 3003)).
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
(c) EXPEDITED HIRING AUTHORITY.—
12
(1) IN GENERAL.—Subject to paragraph (2),
13
the Special Inspector General may exercise any au-
14
thority provided to the head of a temporary organi-
15
zation under section 3161 of title 5, United States
16
Code, without regard to whether the Office qualifies
17
as a temporary organization under subsection (a) of
18
that section.
19
(2) LIMITATIONS.—With respect to the exercise
20
of authority under subsection (b) of section 3161 of
21
title 5, United States Code, as authorized under
22
paragraph (1)—
23
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•S 541 IS
(A) the Special Inspector General may not
1
make any appointment under that subsection
2
on or after the later of—
3
(i) the date that is 180 days after the
4
date of enactment of this Act; or
5
(ii) the date that is 180 days after the
6
date on which the Special Inspector Gen-
7
eral is confirmed by the Senate;
8
(B) paragraph (2) of that subsection (re-
9
lating to periods of appointments) shall not
10
apply; and
11
(C) no period of an appointment made
12
under that subsection may extend after the date
13
on which the Office terminates under section
14
13.
15
(3) REEMPLOYMENT OF ANNUITANTS.—
16
(A) IN
GENERAL.—Subject to subpara-
17
graph (B), if an annuitant receiving an annuity
18
from the Civil Service Retirement and Dis-
19
ability Fund becomes employed in a position in
20
the Office—
21
(i) the annuity of that a
[Text truncated for display. Full text available on Congress.gov.]