[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.

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