[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S3017-S3019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 840. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title XII, add the following:

     SEC. 1240A. SPECIAL INSPECTOR GENERAL FOR UKRAINE ASSISTANCE.

       (a) Purposes.--The purposes of this section are as follows:
       (1) To provide for the independent and objective conduct 
     and supervision of audits and investigations, including 
     within the territory of Ukraine, relating to the programs and 
     operations funded with amounts appropriated or otherwise made 
     available for the military and nonmilitary support of 
     Ukraine.
       (2) To provide for the independent and objective leadership 
     and coordination of, and recommendations on, policies 
     designed to prevent and detect waste, fraud, and abuse in 
     such programs and operations described in paragraph (1).
       (3) To provide for an independent and objective means of 
     keeping the Secretary of State, the Secretary of Defense, and 
     Congress fully and currently informed about problems and 
     deficiencies relating to the administration of such programs 
     and operations and the necessity for and progress on 
     corrective action.
       (b) Office of Inspector General.--There is hereby 
     established the Office of the Special Inspector General for 
     Ukraine Assistance to carry out the purposes set forth in 
     subsection (a).
       (c) Appointment of Inspector General; Removal.--
       (1) Appointment.--The head of the Office of the Special 
     Inspector General for Ukraine Assistance is the Special 
     Inspector General for Ukraine Assistance (in this section 
     referred to as the ``Inspector General''), who shall be 
     appointed by the President with the advice and consent of the 
     Senate.
       (2) Qualifications.--The appointment of the 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.
       (3) Deadline for appointment.--The appointment of an 
     individual as Inspector General shall be made not later than 
     30 days after the date of the enactment of this Act.
       (4) Compensation.--The annual rate of basic pay of the 
     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 Inspector 
     General shall not be considered an employee who determines 
     policies to be pursued by the United States in the nationwide 
     administration of Federal law.
       (6) Removal.--The Inspector General shall be removable from 
     office in accordance with the provisions of section 403(b) of 
     title 5, United States Code.
       (d) Assistant Inspectors General.--The Inspector General 
     shall, in accordance with applicable laws and regulations 
     governing the civil service--
       (1) appoint an Assistant Inspector General for Auditing who 
     shall have the responsibility for supervising the performance 
     of auditing activities relating to programs and operations 
     supported by amounts appropriated or otherwise made available 
     for the

[[Page S3018]]

     military and nonmilitary support of Ukraine; and
       (2) appoint an Assistant Inspector General for 
     Investigations who shall have the responsibility for 
     supervising the performance of investigative activities 
     relating to such programs and operations.
       (e) Supervision.--
       (1) In general.--Except as provided in paragraph (2), the 
     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, or the United States Agency for International 
     Development shall prevent or prohibit the Inspector General 
     from initiating, carrying out, or completing any audit or 
     investigation related to amounts appropriated or otherwise 
     made available for the military and nonmilitary support of 
     Ukraine or from issuing any subpoena during the course of any 
     such audit or investigation.
       (f) Duties.--
       (1) Oversight of military and nonmilitary support of 
     ukraine.--It shall be the duty of the Inspector General to 
     conduct, supervise, and coordinate audits and investigations 
     of the treatment, handling, and expenditure of amounts 
     appropriated or otherwise made available for the military and 
     nonmilitary support of 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 contracts funded by such 
     funds;
       (C) 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;
       (D) the maintenance of records on the use of such funds to 
     facilitate future audits and investigations of the use of 
     such funds;
       (E) 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 the referral of such reports, as 
     necessary, to the Department of Justice to ensure further 
     investigations, prosecutions, recovery of further funds, or 
     other remedies;
       (F) the monitoring and review of all military and 
     nonmilitary activities funded by such funds; and
       (G) the tracking and monitoring of all lethal and nonlethal 
     security assistance provided by the United States, including 
     a review of compliance with all applicable end-use 
     certification requirements.
       (2) Other duties related to oversight.--The Inspector 
     General shall establish, maintain, and oversee such systems, 
     procedures, and controls as the Inspector General considers 
     appropriate to discharge the duties under paragraph (1).
       (3) Duties and responsibilities under chapter 4 of title 5, 
     united states code.--In addition to the duties specified in 
     paragraphs (1) and (2), the Inspector General shall also have 
     the duties and responsibilities of inspectors general under 
     chapter 4 of title 5, United States Code.
       (4) Coordination of efforts.--In carrying out the duties, 
     responsibilities, and authorities of the Inspector General 
     under this section, the Inspector General shall coordinate 
     with, and receive the cooperation of each of the following:
       (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.
       (g) Powers and Authorities.--
       (1) Authorities under chapter 4 of title 5, united states 
     code.--In carrying out the duties specified in subsection 
     (f), the Inspector General shall have the authorities 
     provided in section 406 of title 5, United States Code, 
     including the authorities under subsection (e) of such 
     section.
       (2) Audit standards.--The Inspector General shall carry out 
     the duties specified in subsection (f)(1) in accordance with 
     section 404(b)(1) of title 5, United States Code.
       (h) Personnel, Facilities, and Other Resources.--
       (1) Personnel.--
       (A) In general.--The Inspector General may select, appoint, 
     and employ such officers and employees as may be necessary 
     for carrying out the duties of the Inspector General, subject 
     to the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and the provisions 
     of chapter 51 and subchapter III of chapter 53 of such title, 
     relating to classification and General Schedule pay rates.
       (B) Additional authorities.--
       (i) In general.--Subject to clause (ii), the Inspector 
     General may exercise the authorities of subsections (b) 
     through (i) of section 3161 of title 5, United States Code 
     (without regard to subsection (a) of that section).
       (ii) Periods of appointments.--In exercising the employment 
     authorities under subsection (b) of section 3161 of title 5, 
     United States Code, as provided under clause (i) of this 
     subparagraph--

       (I) paragraph (2) of that subsection (relating to periods 
     of appointments) shall not apply; and
       (II) no period of appointment may exceed the date on which 
     the Office of the Special Inspector General for Ukraine 
     Assistance terminates under subsection (o).

       (2) Employment of experts and consultants.--The Inspector 
     General may obtain services as authorized by 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 by 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 Inspector General may enter into contracts and other 
     arrangements for audits, studies, analyses, and other 
     services with public agencies and with private persons, and 
     make such payments as may be necessary to carry out the 
     duties of the Inspector General.
       (4) Resources.--The Secretary of State or the Secretary of 
     Defense, as appropriate, shall provide the Inspector General 
     with--
       (A) appropriate and adequate office space at appropriate 
     locations of the Department of State or the Department of 
     Defense, as the case may be, in Ukraine or at an appropriate 
     United States military installation in the European theater, 
     together with such equipment, office supplies, and 
     communications facilities and services as may be necessary 
     for the operation of such offices, and shall provide 
     necessary maintenance services for such offices and the 
     equipment and facilities located therein; and
       (B) appropriate and adequate support for audits, 
     investigations, and related activities by the Inspector 
     General or assigned personnel within the territory of 
     Ukraine.
       (5) Assistance from federal agencies.--
       (A) In general.--Upon request of the Inspector General for 
     information or assistance from any department, agency, or 
     other entity of the Federal Government, the head of such 
     entity shall, insofar as is practicable and not in 
     contravention of any existing law, furnish such information 
     or assistance to the Inspector General, or an authorized 
     designee.
       (B) Reporting of refused assistance.--Whenever information 
     or assistance requested by the Inspector General is, in the 
     judgment of the Inspector General, unreasonably refused or 
     not provided, the Inspector General shall report the 
     circumstances to the Secretary of State or the Secretary of 
     Defense, as appropriate, and to the appropriate congressional 
     committees without delay.
       (i) Reports.--
       (1) Quarterly reports.--Not later than 30 days after the 
     end of each fiscal-year quarter, the Inspector General shall 
     submit to the appropriate congressional committees a report 
     summarizing, for the period of that quarter and, to the 
     extent possible, the period from the end of such quarter to 
     the time of the submission of the report, the activities 
     during such period of the Inspector General and the 
     activities under programs and operations funded with amounts 
     appropriated or otherwise made available for the military and 
     nonmilitary support of Ukraine. Each report shall include, 
     for the period covered by such report, a detailed statement 
     of all obligations, expenditures, and revenues associated 
     with military and nonmilitary support of Ukraine, including 
     the following:
       (A) Obligations and expenditures of appropriated funds.
       (B) Operating expenses of agencies or entities receiving 
     amounts appropriated or otherwise made available for the 
     military and nonmilitary support of Ukraine.
       (C) In the case of any contract, grant, agreement, or other 
     funding mechanism described in paragraph (2)--
       (i) the 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 department or agency of the 
     United States Government 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, together with a list of the potential individuals 
     or entities that were issued solicitations for the offers; 
     and
       (iv) the justification and approval documents on which was 
     based the determination to use procedures other than 
     procedures that provide for full and open competition.
       (D) An accounting comparison of--
       (i) the military and nonmilitary support provided to 
     Ukraine by the United States; and
       (ii) the military and nonmilitary support provided to 
     Ukraine by other North Atlantic Treaty Organization member 
     countries, including allied contributions to Ukraine that are 
     subsequently backfilled or subsidized using United States 
     funds.
       (E) An evaluation of the compliance of the Government of 
     Ukraine with all requirements for receiving United States 
     funds, including a description of any area of concern with 
     respect to the ability of the Government of Ukraine to 
     achieve such compliance.
       (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 department or agency of the United States 
     Government that involves the use of amounts appropriated or 
     otherwise made available for the military and nonmilitary 
     support of Ukraine with any public

[[Page S3019]]

     or private sector entity for any of the following purposes:
       (A) To build or rebuild 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.
       (D) To provide lethal or nonlethal weaponry to Ukraine.
       (E) To otherwise provide military or nonmilitary support to 
     Ukraine.
       (3) Public availability.--The Inspector General shall 
     publish on a publicly available internet website each report 
     under paragraph (1) of this subsection in English and other 
     languages that the Inspector General determines are widely 
     used and understood in Ukraine.
       (4) Form.--Each report required under this subsection shall 
     be submitted in unclassified form, but may include a 
     classified annex if the Inspector General considers it 
     necessary.
       (5) Rule of construction.--Nothing in this subsection shall 
     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 national defense 
     or national security or in the conduct of foreign affairs; or
       (C) a part of an ongoing criminal investigation.
       (j) Report Coordination.--
       (1) Submission to secretaries of state and defense.--The 
     Inspector General shall also submit each report required 
     under subsection (i) to the Secretary of State and the 
     Secretary of Defense.
       (2) Submission to congress.--
       (A) In general.--Not later than 30 days after receipt of a 
     report under paragraph (1), the Secretary of State and the 
     Secretary of Defense shall submit to the appropriate 
     congressional committees any comments on the matters covered 
     by the report. Such comments shall be submitted in 
     unclassified form, but may include a classified annex if the 
     Secretary of State or the Secretary of Defense, as the case 
     may be, considers it necessary.
       (B) Access.--On request, any Member of Congress may view 
     comments submitted under subparagraph (A), including the 
     classified annex.
       (k) Transparency.--
       (1) Report.--Not later than 60 days after submission to the 
     appropriate congressional committees of a report under 
     subsection (i), 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 on matters covered by report.--Not later than 
     60 days after submission to the appropriate congressional 
     committees under subsection (j)(2)(A) of comments on a report 
     under subsection (i), the Secretary of State and the 
     Secretary of Defense shall jointly make copies of the 
     comments available to the public upon request, and at a 
     reasonable cost.
       (l) Waiver.--
       (1) Authority.--The President may waive the requirement 
     under paragraph (1) or (2) of subsection (k) with respect to 
     availability to the public of any element in a report under 
     subsection (i), or any comment under subsection (j)(2)(A), if 
     the President determines that the waiver is justified for 
     national security reasons.
       (2) Notice of waiver.--The President shall publish a notice 
     of each waiver made under this subsection in the Federal 
     Register no later than the date on which a report required 
     under subsection (i), or any comment under subsection 
     (j)(2)(A), is submitted to the appropriate congressional 
     committees. The report and comments shall specify whether 
     waivers under this subsection were made and with respect to 
     which elements in the report or which comments, as 
     appropriate.
       (3) Submission of comments.--The President may not waive 
     under this subsection subparagraphs (A) or (B) of subsection 
     (j).
       (m) Definitions.--In this section:
       (1) Amounts appropriated or otherwise made available for 
     the military and nonmilitary support of ukraine.--The term 
     ``amounts appropriated or otherwise made available for the 
     military and nonmilitary support of Ukraine'' means--
       (A) amounts appropriated or otherwise made available on or 
     after January 1, 2022, for--
       (i) the Ukraine Security Assistance Initiative under 
     section 1250 of the National Defense Authorization Act for 
     Fiscal Year 2016 (Public Law 11492; 129 Stat. 1608);
       (ii) any foreign military financing accessed by the 
     Government of Ukraine;
       (iii) the Presidential drawdown authority under section 
     506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2318(a));
       (iv) the defense institution building program under section 
     332 of title 10, United States Code;
       (v) the building partner capacity program under section 333 
     of title 10, United States Code;
       (vi) the International Military Education and Training 
     program of the Department of State; and
       (vii) the United States European Command; and
       (B) amounts appropriated or otherwise made available on or 
     after January 1, 2022, for the military, economic, 
     reconstruction, or humanitarian support of Ukraine under any 
     account or for any purpose not described in subparagraph (A).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committees on Appropriations, the Committee on 
     Armed Services, the Committee on Foreign Relations, and 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (B) the Committees on Appropriations, the Committee on 
     Armed Services, the Committee on Foreign Affairs, and the 
     Committee on Oversight and Accountability of the House of 
     Representatives.
       (n) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $70,000,000 for fiscal year 2023 to carry out this section.
       (2) Offset.--The amount authorized to be appropriated for 
     fiscal year 2023 for the Ukraine Security Assistance 
     Initiative is hereby reduced by $70,000,000.
       (o) Termination.--
       (1) In general.--The Office of the Special Inspector 
     General for Ukraine Assistance shall terminate 180 days after 
     the date on which amounts appropriated or otherwise made 
     available for the military and nonmilitary support of Ukraine 
     that are unexpended are less than $250,000,000.
       (2) Final report.--The Inspector General shall, prior to 
     the termination of the Office of the Special Inspector 
     General for Ukraine Assistance under paragraph (1), 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 and nonmilitary support of Ukraine.
                                 ______