[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
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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.
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