What This Bill Does
This bill creates a new government office called the Special Inspector General for Ukraine Assistance. This office will conduct audits (examinations of how money is spent) and investigations of U.S. military and non-military aid given to Ukraine. The office will look for waste, fraud (dishonest or illegal activity), and abuse of these funds.
##
Who It Affects
- The President and Senate (they appoint and approve the Inspector General)
- The Department of State and Department of Defense
- The U.S. Agency for International Development
- Congressional committees that oversee spending
- Any contractors or private entities receiving Ukraine aid funds
- The Government of Ukraine
##
Key Provisions
- The President appoints a Special Inspector General with Senate approval, and this person must have experience in accounting, auditing, law, or investigations (Sec. 2(c))
- The Inspector General must conduct audits and investigations of all U.S. military and non-military aid to Ukraine, including tracking weapons and reviewing contracts (Sec. 2(f))
- The Inspector General must submit detailed reports to Congress every quarter (every three months) describing how aid money was spent and identifying any problems (Sec. 2(i))
- Congress, the State Department, and the Defense Department will receive these reports, and the reports will be made available to the public unless the President blocks release for national security reasons (Sec. 2(i) and (k))
- The office will have staff members focused on auditing and on conducting investigations (Sec. 2(d))
##
What Changes
A new federal office will be created with its own staff, budget, and authority to examine how Ukraine aid is handled. Federal agencies must cooperate with the Inspector General's requests for information. The Inspector General can issue subpoenas (legal orders demanding documents or testimony). Reports on Ukraine spending will be published publicly on the internet in English and Ukrainian. If anyone refuses to help the Inspector General, that refusal must be reported to Congress.
##
Important Definitions
The bill defines "amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine" to include funds for weapons assistance, military training, reconstruction aid, humanitarian support, and economic assistance provided to or for Ukraine starting January 1, 2022 (Sec. 2(m)).
##
Effective Date
The Inspector General must be appointed within 30 days after the bill becomes law (Sec. 2(c)). The office will shut down 180 days after unexpended Ukraine aid falls below $250,000,000 (Sec. 2(o)).
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.
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 ‘‘Special Inspector Gen-
4
eral for Ukraine Assistance Act’’.
5
SEC. 2. SPECIAL INSPECTOR GENERAL FOR UKRAINE AS-
6
SISTANCE.
7
(a) PURPOSES.—The purposes of this section are as
8
follows:
9
VerDate Sep 11 2014
21:46 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S651.IS
S651
kjohnson on DSK79L0C42PROD with BILLS
2
•S 651 IS
(1) To provide for the independent and objec-
1
tive conduct and supervision of audits and investiga-
2
tions, including within the territory of Ukraine, re-
3
lating to the programs and operations funded with
4
amounts appropriated or otherwise made available
5
for the military and nonmilitary support of Ukraine.
6
(2) To provide for the independent and objec-
7
tive leadership and coordination of, and rec-
8
ommendations on, policies designed to prevent and
9
detect waste, fraud, and abuse in such programs and
10
operations described in paragraph (1).
11
(3) To provide for an independent and objective
12
means of keeping the Secretary of State, the Sec-
13
retary of Defense, and Congress fully and currently
14
informed about problems and deficiencies relating to
15
the administration of such programs and operations
16
and the necessity for and progress on corrective ac-
17
tion.
18
(b) OFFICE
OF INSPECTOR GENERAL.—There is
19
hereby established the Office of the Special Inspector Gen-
20
eral for Ukraine Assistance to carry out the purposes set
21
forth in subsection (a).
22
(c) APPOINTMENT
OF INSPECTOR GENERAL; RE-
23
MOVAL.—
24
VerDate Sep 11 2014
21:46 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S651.IS
S651
kjohnson on DSK79L0C42PROD with BILLS
3
•S 651 IS
(1) APPOINTMENT.—The head of the Office of
1
the Special Inspector General for Ukraine Assistance
2
is the Special Inspector General for Ukraine Assist-
3
ance (in this section referred to as the ‘‘Inspector
4
General’’), who shall be appointed by the President
5
with the advice and consent of the Senate.
6
(2) QUALIFICATIONS.—The appointment of the
7
Inspector General shall be made solely on the basis
8
of integrity and demonstrated ability in accounting,
9
auditing, financial analysis, law, management anal-
10
ysis, public administration, or investigations.
11
(3) DEADLINE
FOR
APPOINTMENT.—The ap-
12
pointment of an individual as Inspector General
13
shall be made not later than 30 days after the date
14
of the enactment of this Act.
15
(4) COMPENSATION.—The annual rate of basic
16
pay of the Inspector General shall be the annual rate
17
of basic pay provided for positions at level IV of the
18
Executive Schedule under section 5315 of title 5,
19
United States Code.
20
(5) PROHIBITION ON POLITICAL ACTIVITIES.—
21
For purposes of section 7324 of title 5, United
22
States Code, the Inspector General shall not be con-
23
sidered an employee who determines policies to be
24
VerDate Sep 11 2014
21:46 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S651.IS
S651
kjohnson on DSK79L0C42PROD with BILLS
4
•S 651 IS
pursued by the United States in the nationwide ad-
1
ministration of Federal law.
2
(6) REMOVAL.—The Inspector General shall be
3
removable from office in accordance with the provi-
4
sions of section 403(b) of title 5, United States
5
Code.
6
(d) ASSISTANT INSPECTORS GENERAL.—The Inspec-
7
tor General shall, in accordance with applicable laws and
8
regulations governing the civil service—
9
(1) appoint an Assistant Inspector General for
10
Auditing who shall have the responsibility for super-
11
vising the performance of auditing activities relating
12
to programs and operations supported by amounts
13
appropriated or otherwise made available for the
14
military and nonmilitary support of Ukraine; and
15
(2) appoint an Assistant Inspector General for
16
Investigations who shall have the responsibility for
17
supervising the performance of investigative activi-
18
ties relating to such programs and operations.
19
(e) SUPERVISION.—
20
(1) IN GENERAL.—Except as provided in para-
21
graph (2), the Inspector General shall report directly
22
to, and be under the general supervision of, the Sec-
23
retary of State and the Secretary of Defense.
24
VerDate Sep 11 2014
21:46 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S651.IS
S651
kjohnson on DSK79L0C42PROD with BILLS
5
•S 651 IS
(2) INDEPENDENCE TO CONDUCT INVESTIGA-
1
TIONS AND AUDITS.—No officer of the Department
2
of Defense, the Department of State, or the United
3
States Agency for International Development shall
4
prevent or prohibit the Inspector General from initi-
5
ating, carrying out, or completing any audit or in-
6
vestigation related to amounts appropriated or oth-
7
erwise made available for the military and non-
8
military support of Ukraine or from issuing any sub-
9
poena during the course of any such audit or inves-
10
tigation.
11
(f) DUTIES.—
12
(1) OVERSIGHT
OF
MILITARY
AND
NON-
13
MILITARY SUPPORT OF UKRAINE.—It shall be the
14
duty of the Inspector General to conduct, supervise,
15
and coordinate audits and investigations of the
16
treatment, handling, and expenditure of amounts ap-
17
propriated or otherwise made available for the mili-
18
tary and nonmilitary support of Ukraine, and of the
19
programs, operations, and contracts carried out uti-
20
lizing such funds, including—
21
(A) the oversight and accounting of the ob-
22
ligation and expenditure of such funds;
23
(B) the monitoring and review of contracts
24
funded by such funds;
25
VerDate Sep 11 2014
21:46 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S651.IS
S651
kjohnson on DSK79L0C42PROD with BILLS
6
•S 651 IS
(C) the monitoring and review of the
1
transfer of such funds and associated informa-
2
tion between and among departments, agencies,
3
and entities of the United States and private
4
and nongovernmental entities;
5
(D) the maintenance of records on the use
6
of such funds to facilitate future audits and in-
7
vestigations of the use of such funds;
8
(E) the investigation of overpayments such
9
as duplicate payments or duplicate billing and
10
any potential unethical or illegal actions of Fed-
11
eral employees, contractors, or affiliated entities
12
and the referral of such reports, as necessary,
13
to the Department of Justice to ensure further
14
investigations, prosecutions, recovery of further
15
funds, or other remedies;
16
(F) the monitoring and review of all mili-
17
tary and nonmilitary activities funded by such
18
funds; and
19
(G) the tracking and monitoring of all le-
20
thal and nonlethal security assistance provided
21
by the United States, including a review of
22
compliance with all applicable end-use certifi-
23
cation requirements.
24
VerDate Sep 11 2014
21:46 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S651.IS
S651
kjohnson on DSK79L0C42PROD with BILLS
7
•S 651 IS
(2) OTHER DUTIES RELATED TO OVERSIGHT.—
1
The Inspector General shall establish, maintain, and
2
oversee such systems, procedures, and controls as
3
the Inspector General considers appropriate to dis-
4
charge the duties under paragraph (1).
5
(3) DUTIES
AND
RESPONSIBILITIES
UNDER
6
CHAPTER 4 OF TITLE 5, UNITED STATES CODE.—In
7
addition to the duties specified in paragraphs (1)
8
and (2), the Inspector General shall also have the
9
duties and responsibilities of inspectors general
10
under chapter 4 of title 5, United States Code.
11
(4) COORDINATION OF EFFORTS.—In carrying
12
out the duties, responsibilities, and authorities of the
13
Inspector General under this section, the Inspector
14
General shall coordinate with, and receive the co-
15
operation of each of the following:
16
(A) The Inspector General of the Depart-
17
ment of Defense.
18
(B) The Inspector General of the Depart-
19
ment of State.
20
(C) The Inspector General of the United
21
States Agency for International Development.
22
(g) POWERS AND AUTHORITIES.—
23
(1) AUTHORITIES UNDER CHAPTER 4 OF TITLE
24
5, UNITED STATES CODE.—In carrying out the du-
25
VerDate Sep 11 2014
21:46 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\S651.IS
S651
kjohnson on DSK79L0C42PROD with BILLS
8
•S 651 IS
ties specified in subsection (f), the Inspector General
1
shall have the authorities provided in section 406 of
2
title 5, United States Code, including the authorities
3
under subsection (e) of such section.
4
(2) AUDIT STANDARDS.—The Inspector General
5
shall carry out the duties specified in subsection
6
(f)(1) in accordance with section 404(b)(1) of title 5,
7
United States Code.
8
(h) PERSONNEL, FACILITIES, AND
OTHER
RE-
9
SOURCES.—
10
(1) PERSONNEL.—
11
(A) IN GENERAL.—The Inspector General
12
may select, appoint, and employ such officers
13
and employees as may be necessary for carrying
14
out the duties of the Inspector General, subject
15
to the provisions of title 5, United States Code,
16
governing appointments in the competitive serv-
17
ice, and the provisions of chapter 51 and sub-
18
chapter III of chapter 53 of such title, relating
19
to classification and General Schedule pay
20
rates.
21
(B) ADDITIONAL AUTHORITIES.—
22
(i) IN
GENERAL.—Subject to clause
23
(ii), the Inspector General may exercise the
24
authorities of subsections (b) through (i) of
25
VerDate Sep 11 2014
21:46 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\S651.IS
S651
kjohnson on DSK79L0C42PROD with BILLS
9
•S 651 IS
section 3161 of title 5, United States Code
1
(without regard to subsection (a) of that
2
section).
3
(ii) PERIODS OF APPOINTMENTS.—In
4
exercising
the
employment
authorities
5
under subsection (b) of section 3161 of
6
title 5, United States Code, as provided
7
under clause (i) of this subparagraph—
8
(I) paragraph (2) of that sub-
9
section (relating to periods of appoint-
10
ments) shall not apply; and
11
(II) no period of appointment
12
may exceed the date on which the Of-
13
fice of the Special Inspector General
14
for Ukraine Assistance terminates
15
under subsection (o).
16
(2) EMPLOYMENT OF EXPERTS AND CONSULT-
17
ANTS.—The Inspector General may obtain services
18
as authorized by section 3109 of title 5, United
19
States Code, at daily rates not to exceed the equiva-
20
lent rate prescribed for grade GS–15 of the General
21
Schedule by section 5332 of such title.
22
(3) CONTRACTING AUTHORITY.—To the extent
23
and in such amounts as may be provided in advance
24
by appropriations Acts, the Inspector General may
25
VerDate Sep 11 2014
21:46 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\S651.IS
S651
kjohnson on DSK79L0C42PROD with BILLS
10
•S 651 IS
enter into contracts and other arrangements for au-
1
dits, studies, analyses, and other services with public
2
agencies and with private persons, and make such
3
payments as may be necessary to carry out the du-
4
ties of the Inspector General.
5
(4) RESOURCES.—The Secretary of State or the
6
Secretary of Defense, as appropriate, shall provide
7
the Inspector General with—
8
(A) appropriate and adequate office space
9
at appropriate locations of the Department of
10
State or the Department of Defense, as the
11
case may be, in Ukraine or at an appropriate
12
United States military installation in the Euro-
13
pean theater, together with such equipment, of-
14
fice supplies, and communications facilities and
15
services as may be necessary for the operation
16
of such offices, and shall provide necessary
17
maintenance services for such offices and the
18
equipment and facilities located therein; and
19
(B) appropriate and adequate support for
20
audits, investigations, and related activities by
21
the Inspector General or assigned personnel
22
within the territory of Ukraine.
23
(5) ASSISTANCE FROM FEDERAL AGENCIES.—
24
VerDate Sep 11 2014
21:46 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\S651.IS
S651
kjohnson on DSK79L0C42PROD with BILLS
11
•S 651 IS
(A) IN GENERAL.—Upon request of the In-
1
spector General for information or assistance
2
from any department, agency, or other entity of
3
the Federal Government, the head of such enti-
4
ty shall, insofar as is practicable and not in
5
contravention of any existing law, furnish such
6
information or assistance to the Inspector Gen-
7
eral, or an authorized designee.
8
(B) REPORTING
OF
REFUSED
ASSIST-
9
ANCE.—Whenever information or assistance re-
10
quested by the Inspector General is, in the
11
judgment of the Inspector General, unreason-
12
ably refused or not provided, the Inspector Gen-
13
eral shall report the circumstances to the Sec-
14
retary of State or the Secretary of Defense, as
15
appropriate, and to the appropriate congres-
16
sional committees without delay.
17
(i) REPORTS.—
18
(1) QUARTERLY REPORTS.—Not later than 30
19
days after the end of each fiscal-year quarter, the
20
Inspector General shall submit to the appropriate
21
congressional committees a report summarizing, for
22
the period of that quarter and, to the extent pos-
23
sible, the period from the end of such quarter to the
24
time of the submission of the report, the activities
25
VerDate Sep 11 2014
21:46 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\S651.IS
S651
kjohnson on DSK79L0C42PROD with BILLS
12
•S 651 IS
during such period of the Inspector General and the
1
activities under programs and operations funded
2
with amounts appropriated or otherwise made avail-
3
able for the military and nonmilitary support of
4
Ukraine. Each report shall include, for the period
5
covered by such report, a detailed statement of all
6
obligations, expenditures, and revenues associated
7
with military and nonmilitary support of Ukraine,
8
including the following:
9
(A) Obligations and expenditures of appro-
10
priated funds.
11
(B) Operating expenses of agencies or enti-
12
ties receiving amounts appropriated or other-
13
wise made available for the military and non-
14
military support of Ukraine.
15
(C) In the case of any contract, grant,
16
agreement, or other funding mechanism de-
17
scribed in paragraph (2)—
18
(i) the amount of the contract, grant,
19
agreement, or other funding mechanism;
20
[Text truncated for display. Full text available on Congress.gov.]