What This Bill Does
This bill creates a new office called the Office of the Special Inspector General for Ukraine Assistance. This office will independently audit and investigate how the federal government spends money on military and nonmilitary aid to Ukraine. The office will also work to prevent and detect waste, fraud, and abuse in these Ukraine assistance programs.
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Who It Affects
* The President of the United States (appoints the inspector general)
* The Senate (confirms the inspector general's appointment)
* The Secretary of State
* The Secretary of Defense
* Employees of the Department of Defense, Department of State, and United States Agency for International Development
* Congress, particularly the committees handling appropriations, armed services, foreign affairs, and oversight
* Federal contractors and other entities receiving Ukraine assistance funds
* The Government of Ukraine (subject to compliance reviews)
##
Key Provisions
* A Special Inspector General appointed by the President with Senate confirmation will lead an office dedicated to auditing and investigating Ukraine aid programs. (Sec. 2(b), (c))
* The inspector general must submit detailed quarterly reports to Congress covering all obligations, expenditures, revenues, contracts, and grants related to Ukraine assistance, and these reports must be published publicly on the internet in English and other widely used languages in Ukraine. (Sec. 2(i))
* The inspector general has the power to conduct audits and investigations anywhere, including within Ukraine's territory, and no federal officer can prevent or prohibit these activities or the issuance of subpoenas. (Sec. 2(e)(2), (f))
* The office will track all lethal and nonlethal security assistance provided by the United States and review compliance with end-use certification requirements, which are conditions set by the U.S. for how weapons and aid can be used. (Sec. 2(f)(1)(G))
* The office terminates 180 days after unexpended Ukraine assistance funds fall below $250,000,000, but the inspector general must first submit a final forensic audit report to Congress. (Sec. 2(o))
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What Changes
If enacted, a new federal office with independent authority will begin operations to oversee Ukraine assistance spending. The federal government must now provide office space in Ukraine or at U.S. military installations in Europe and other necessary resources for this office. Congress will receive detailed quarterly reports about Ukraine aid that will be made public. Federal agencies must assist the inspector general upon request or report refusals to Congress. The amount available for the Ukraine Security Assistance Initiative is reduced by $70,000,000 in fiscal year 2023 to fund this office.
##
Important Definitions
* "Amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine" includes money approved on or after January 1, 2022 for Ukraine Security Assistance Initiative, foreign military financing, presidential drawdown authority (allowing the President to send existing military equipment without new congressional approval), defense institution building, building partner capacity programs, International Military Education and Training, and United States European Command activities, plus any money for military, economic, reconstruction, or humanitarian support of Ukraine. (Sec. 2(m)(1))
* "Appropriate congressional committees" means the Senate Committees on Appropriations, Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, plus the House Committees on Appropriations, Armed Services, Foreign Affairs, and Oversight and Accountability. (Sec. 2(m)(2))
##
Effective Date
The Special Inspector General must be appointed no later than 30 days after this bill becomes law. (Sec. 2(c)(3))
I
118TH CONGRESS
1ST SESSION H. R. 2445
To establish the Office of the Special Inspector General for Ukraine
Assistance, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 2023
Mr. ROY (for himself and Mr. NORMAN) introduced the following bill; which
was referred to the Committee on Foreign Affairs, and in addition to the
Committees on Oversight and Accountability, and Armed Services, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
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
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•HR 2445 IH
SEC. 2. SPECIAL INSPECTOR GENERAL FOR UKRAINE AS-
1
SISTANCE.
2
(a) PURPOSES.—The purposes of this section are as
3
follows:
4
(1) To provide for the independent and objec-
5
tive conduct and supervision of audits and investiga-
6
tions, including within the territory of Ukraine, re-
7
lating to the programs and operations funded with
8
amounts appropriated or otherwise made available
9
for the military and nonmilitary support of Ukraine.
10
(2) To provide for the independent and objec-
11
tive leadership and coordination of, and rec-
12
ommendations on, policies designed to prevent and
13
detect waste, fraud, and abuse in such programs and
14
operations described in paragraph (1).
15
(3) To provide for an independent and objective
16
means of keeping the Secretary of State, the Sec-
17
retary of Defense, and Congress fully and currently
18
informed about problems and deficiencies relating to
19
the administration of such programs and operations
20
and the necessity for and progress on corrective ac-
21
tion.
22
(b) OFFICE
OF INSPECTOR GENERAL.—There is
23
hereby established the Office of the Special Inspector Gen-
24
eral for Ukraine Assistance to carry out the purposes set
25
forth in subsection (a).
26
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•HR 2445 IH
(c) APPOINTMENT
OF INSPECTOR GENERAL; RE-
1
MOVAL.—
2
(1) APPOINTMENT.—The head of the Office of
3
the Special Inspector General for Ukraine Assistance
4
is the Special Inspector General for Ukraine Assist-
5
ance (in this section referred to as the ‘‘Inspector
6
General’’), who shall be appointed by the President
7
with the advice and consent of the Senate.
8
(2) QUALIFICATIONS.—The appointment of the
9
Inspector General shall be made solely on the basis
10
of integrity and demonstrated ability in accounting,
11
auditing, financial analysis, law, management anal-
12
ysis, public administration, or investigations.
13
(3) DEADLINE
FOR
APPOINTMENT.—The ap-
14
pointment of an individual as Inspector General
15
shall be made not later than 30 days after the date
16
of the enactment of this Act.
17
(4) COMPENSATION.—The annual rate of basic
18
pay of the Inspector General shall be the annual rate
19
of basic pay provided for positions at level IV of the
20
Executive Schedule under section 5315 of title 5,
21
United States Code.
22
(5) PROHIBITION ON POLITICAL ACTIVITIES.—
23
For purposes of section 7324 of title 5, United
24
States Code, the Inspector General shall not be con-
25
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•HR 2445 IH
sidered an employee who determines policies to be
1
pursued by the United States in the nationwide ad-
2
ministration of Federal law.
3
(6) REMOVAL.—The Inspector General shall be
4
removable from office in accordance with the provi-
5
sions of section 403(b) of title 5, United States
6
Code.
7
(d) ASSISTANT INSPECTORS GENERAL.—The Inspec-
8
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 super-
12
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 activi-
19
ties relating to such programs and operations.
20
(e) SUPERVISION.—
21
(1) IN GENERAL.—Except as provided in para-
22
graph (2), the Inspector General shall report directly
23
to, and be under the general supervision of, the Sec-
24
retary of State and the Secretary of Defense.
25
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•HR 2445 IH
(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
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•HR 2445 IH
(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
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•HR 2445 IH
(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
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•HR 2445 IH
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
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•HR 2445 IH
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
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•HR 2445 IH
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
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•HR 2445 IH
(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
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•HR 2445 IH
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 ma
[Text truncated for display. Full text available on Congress.gov.]