[Congressional Record Volume 168, Number 85 (Wednesday, May 18, 2022)]
[Senate]
[Pages S2595-S2597]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5041. Mr. KENNEDY (for himself, Mr. Rubio, Mrs. Hyde-Smith, and
Ms. Ernst) submitted an amendment intended to be proposed by him to the
bill H.R. 7691, making emergency supplemental appropriations for
assistance for the situation in Ukraine for the fiscal year ending
September 30, 2022, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place in title VI, insert the following:
SEC. 6__. OFFICE OF THE SPECIAL INSPECTOR GENERAL FOR
UKRAINIAN MILITARY, ECONOMIC, AND HUMANITARIAN
AID.
(a) Purposes.--The purposes of this section are--
(1) 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;
(2) to provide for the independent and objective leadership
and coordination of, and recommendations concerning, policies
designed--
(A) to promote economic efficiency and effectiveness in the
administration of the programs and operations described in
paragraph (1); and
(B) to prevent and detect waste, fraud, and abuse in such
programs and operations; and
(3) to provide for an independent and objective means of
keeping the Secretary of State, the Secretary of Defense, and
the heads of other relevant Federal agencies fully and
currently informed about--
(A) problems and deficiencies relating to the
administration of the programs and operations described in
paragraph (1); and
(B) the necessity for, and the progress toward
implementing, corrective action related to such programs.
(b) Definitions.--In this section:
(1) Amounts appropriated or otherwise made available for
the military, economic, and humanitarian aid to ukraine.--The
term ``amounts appropriated or otherwise made available for
the military, economic, and humanitarian aid for Ukraine''
[[Page S2596]]
means amounts appropriated or otherwise made available for
any fiscal year--
(A) for the Ukraine Security Assistance Initiative;
(B) for Foreign Military Financing funding for Ukraine; and
(C) under titles III and VI of the Ukraine Supplemental
Appropriations Act (division N of Public Law 117-103)
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Foreign Relations of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on Armed Services of the House of
Representatives; and
(F) the Committee on Foreign Affairs of the House of
Representatives.
(3) Office.--The term ``Office'' means the Office of the
Special Inspector General for Ukrainian Military, Economic,
and Humanitarian Aid established under subsection (c)(1).
(4) Special inspector general.--The term ``Special
Inspector General'' means the Special Inspector General for
Ukrainian Military, Economic, and Humanitarian Aid appointed
pursuant to subsection (c)(2).
(c) Establishment.--
(1) In general.--There is hereby established the Office of
the Special Inspector General for Ukrainian Military,
Economic, and Humanitarian Aid to carry out the purposes set
forth in subsection (b).
(2) Appointment of special inspector general.--The head of
the Office shall be the Special Inspector General for
Ukrainian Military, Economic, and Humanitarian Aid, who shall
be appointed by the President. The first Special Inspector
General shall be appointed not later than 30 days after the
date of the enactment of this Act.
(3) Qualifications.--The appointment of the Special
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.
(4) Compensation.--The annual rate of basic pay of the
Special 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 Special
Inspector General is not an employee who determines policies
to be pursued by the United States in the nationwide
administration of Federal law.
(6) Removal.--The Special Inspector General shall be
removable from office in accordance with section 3(b) of the
Inspector General Act of 1978 (5 U.S.C. App.).
(d) Assistant Inspectors General.--The Special Inspector
General, in accordance with applicable laws and regulations
governing the civil service, shall appoint--
(1) an Assistant Inspector General for Auditing, who shall
supervise the performance of auditing activities relating to
programs and operations supported by amounts appropriated or
otherwise made available for military, economic, and
humanitarian aid to Ukraine; and
(2) an Assistant Inspector General for Investigations, who
shall supervise the performance of investigative activities
relating to the programs and operations described in
paragraph (1).
(e) Supervision.--
(1) In general.--Except as provided in paragraph (2), the
Special 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, the United States Agency for International
Development, or any other relevant Federal agency may prevent
or prohibit the Special Inspector General from--
(A) initiating, carrying out, or completing any audit or
investigation related to amounts appropriated or otherwise
made available for the military, economic, and humanitarian
aid to Ukraine; or
(B) issuing any subpoena during the course of any such
audit or investigation.
(f) Duties.--
(1) Oversight of military, economic, and humanitarian aid
to ukraine provided after february 24, 2022.--The Special
Inspector General shall conduct, supervise, and coordinate
audits and investigations of the treatment, handling, and
expenditure of amounts appropriated or otherwise made
available for military, economic, and humanitarian aid to
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 reconstruction activities
funded by such funds;
(C) the monitoring and review of contracts funded by such
funds;
(D) 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;
(E) the maintenance of records regarding the use of such
funds to facilitate future audits and investigations of the
use of such funds;
(F) the monitoring and review of the effectiveness of
United States coordination with the Government of Ukraine,
major recipients of Ukrainian refugees, partners in the
region, and other donor countries;
(G) 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
(H) the referral of reports compiled as a result of such
investigations, as necessary, to the Department of Justice to
ensure further investigations, prosecutions, recovery of
funds, or other remedies.
(2) Other duties related to oversight.--The Special
Inspector General shall establish, maintain, and oversee such
systems, procedures, and controls as the Special Inspector
General considers appropriate to discharge the duties
described in paragraph (1).
(3) Consultation.--The Special Inspector General shall
consult with the appropriate congressional committees before
engaging in auditing activities outside of Ukraine.
(4) Duties and responsibilities under inspector general act
of 1978.--In addition to the duties specified in paragraphs
(1) and (2), the Special Inspector General shall have the
duties and responsibilities of inspectors general under the
Inspector General Act of 1978 (5 U.S.C. App.).
(5) Coordination of efforts.--In carrying out the duties,
responsibilities, and authorities of the Special Inspector
General under this section, the Special Inspector General
shall coordinate with, and receive cooperation from--
(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; and
(D) the Inspector General of any other relevant Federal
agency.
(g) Powers and Authorities.--
(1) Authorities under inspector general act of 1978.--In
carrying out the duties specified in subsection (f), the
Special Inspector General shall have the authorities provided
under section 6 of the Inspector General Act of 1978,
including the authorities under subsection (e) of such
section.
(2) Audit standards.--The Special Inspector General shall
carry out the duties specified in subsection (f)(1) in
accordance with section 4(b)(1) of the Inspector General Act
of 1978.
(h) Personnel, Facilities, and Other Resources.--
(1) Personnel.--The Special Inspector General may select,
appoint, and employ such officers and employees as may be
necessary for carrying out the duties of the Special
Inspector General, subject to the provisions of--
(A) chapter 33 of title 5, United States Code, governing
appointments in the competitive service; and
(B) chapter 51 and subchapter III of chapter 53 of such
title, relating to classification and General Schedule pay
rates.
(2) Employment of experts and consultants.--The Special
Inspector General may obtain the services of experts and
consultants in accordance with 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 under 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 Special Inspector General may--
(A) enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies
and with private persons; and
(B) make such payments as may be necessary to carry out the
duties of the Special Inspector General.
(4) Resources.--The Secretary of State or the Secretary of
Defense, as appropriate, shall provide the Special Inspector
General with--
(A) appropriate and adequate office space at appropriate
locations of the Department of State or the Department of
Defense, as appropriate, in Ukraine or in European partner
countries;
(B) such equipment, office supplies, and communications
facilities and services as may be necessary for the operation
of such offices; and
(C) necessary maintenance services for such offices and the
equipment and facilities located in such offices.
(5) Assistance from federal agencies.--
(A) In general.--Upon request of the Special Inspector
General for information or assistance from any department,
agency, or other entity of the Federal Government, the head
of such entity shall, to the extent practicable and not in
contravention of any existing law, furnish such information
or assistance to the Special Inspector General or an
authorized designee.
(B) Reporting of refused assistance.--Whenever information
or assistance requested by the Special Inspector General is,
in the judgment of the Special Inspector General,
unreasonably refused or not provided, the Special Inspector
General shall immediately report the circumstances to--
(i) the Secretary of State or the Secretary of Defense, as
appropriate; and
(ii) the appropriate congressional committees.
[[Page S2597]]
(i) Reports.--
(1) Quarterly reports.--Not later than 30 days after the
end of each quarter of each fiscal year, the Special
Inspector General shall submit to the appropriate
congressional committees, the Secretary of State, and the
Secretary of Defense a report that--
(A) summarizes, for the applicable quarter, and to the
extent possible, for the period from the end of such quarter
to the date on which the report is submitted, the activities
during such period of the Special Inspector General and the
activities under programs and operations funded with amounts
appropriated or otherwise made available for military,
economic, and humanitarian aid to Ukraine; and
(B) includes, for applicable quarter, a detailed statement
of all obligations, expenditures, and revenues associated
with military, economic, and humanitarian activities in
Ukraine, including--
(i) obligations and expenditures of appropriated funds;
(ii) a project-by-project and program-by-program accounting
of the costs incurred to date for military, economic, and
humanitarian aid to Ukraine, including an estimate of the
costs to be incurred by the Department of Defense, the
Department of State, the United States Agency for
International Development, and other relevant Federal
agencies to complete each project and each program;
(iii) revenues attributable to, or consisting of, funds
provided by foreign nations or international organizations to
programs and projects funded by any Federal department or
agency and any obligations or expenditures of such revenues;
(iv) revenues attributable to, or consisting of, foreign
assets seized or frozen that contribute to programs and
projects funded by any Federal department or agency and any
obligations or expenditures of such revenues;
(v) operating expenses of entities receiving amounts
appropriated or otherwise made available for military,
economic, and humanitarian aid to Ukraine; and
(vi) for any contract, grant, agreement, or other funding
mechanism described in paragraph (2)--
(I) the dollar 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 Federal department or agency
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, including a list of
the potential individuals or entities that were issued
solicitations for the offers; and
(IV) the justification and approval documents on which the
determination to use procedures other than procedures that
provide for full and open competition was based.
(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 Federal department or agency that involves the
use of amounts appropriated or otherwise made available for
the military, economic, or humanitarian aid to Ukraine with
any public or private sector entity--
(A) to build or rebuild the 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; or
(D) to provide security assistance to Ukraine.
(3) Public availability.--The Special Inspector General
shall publish each report submitted pursuant to paragraph (1)
on a publicly available internet website in English,
Ukrainian, and Russian.
(4) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex if the Special Inspector General determines
that a classified annex is necessary.
(5) Submission of comments to congress.--During the 30-day
period beginning on the date a report is received under
paragraph (1), the Secretary of State and the Secretary of
Defense may submit comments to the appropriate congressional
committees, in unclassified form, regarding any matters
covered by the report that the Secretary of State or the
Secretary of Defense considers appropriate. Such comments may
include a classified annex if the Secretary of State or the
Secretary of Defense considers such annex to be necessary.
(6) Rule of construction.--Nothing in this subsection may
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 defense or
national security or in the conduct of foreign affairs; or
(C) a part of an ongoing criminal investigation.
(j) Transparency.--
(1) Report.--Except as provided in paragraph (3), not later
than 60 days after receiving a report under subsection
(i)(1), 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.--Except as provided in paragraph (3), not
later than 60 days after submitting comments pursuant to
subsection (i)(5), the Secretary of State and the Secretary
of Defense shall jointly make copies of such comments
available to the public upon request and at a reasonable
cost.
(3) Waiver.--
(A) Authority.--The President may waive the requirement
under paragraph (1) or (2) with respect to availability to
the public of any element in a report submitted pursuant to
subsection (i)(1) or any comments submitted pursuant to
subsection (i)(5) if the President determines that such
waiver is justified for national security reasons.
(B) Notice of waiver.--The President shall publish a notice
of each waiver made under subparagraph (A) in the Federal
Register not later than the date of the submission to the
appropriate congressional committees of a report required
under subsection (i)(1) or any comments under subsection
(i)(5). Each such report and comments shall specify whether a
waiver was made pursuant to subparagraph (A) and which
elements in the report or the comments were affected by such
waiver.
(k) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$20,000,000 for fiscal year 2023 to carry out this section.
(2) Offset.--The amount appropriated under the heading
``assistance for europe, eurasia, and central asia'' in title
III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2022 (division K of
Public Law 117-103) is reduced by $20,000,000.
(l) Termination.--
(1) In general.--The Office shall terminate on the day that
is 180 days after the date on which amounts appropriated or
otherwise made available for the reconstruction of Ukraine
that are unexpended are less than $250,000,000.
(2) Final report.--Before the termination date referred to
in paragraph (1), the Special Inspector General shall 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, economic, and humanitarian aid to Ukraine.
____________________