[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 671 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 671
To establish the Office of the Inspector General for Ukraine, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 20, 2025
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To establish the Office of the Inspector General for Ukraine, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inspector General for Ukraine Act''.
SEC. 2. INSPECTOR GENERAL FOR UKRAINE.
(a) Office of Inspector General.--There is hereby established the
Office of the Inspector General for Ukraine.
(b) Appointment of Inspector General; Removal.--
(1) Appointment.--The head of the Office of the Inspector
General for Ukraine is the Inspector General for Ukraine (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.
(c) 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 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.
(d) 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.
(e) 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.
(f) Powers and Authorities.--
(1) Authorities under chapter 4 of title 5, united states
code.--In carrying out the duties specified in subsection (e),
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 (d)(1) in accordance with
section 404(b)(1) of title 5, United States Code.
(g) 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 Inspector General for Ukraine
terminates under subsection (n).
(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.
(h) 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 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.
(i) Report Coordination.--
(1) Submission to secretaries of state and defense.--The
Inspector General shall also submit each report required under
subsection (h) 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.
(j) Transparency.--
(1) Report.--Not later than 60 days after submission to the
appropriate congressional committees of a report under
subsection (h), 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 (i)(2)(A) of comments on a report
under subsection (h), 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.
(k) Waiver.--
(1) Authority.--The President may waive the requirement
under paragraph (1) or (2) of subsection (j) with respect to
availability to the public of any element in a report under
subsection (h), or any comment under subsection (i)(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 (h), or any comment under subsection
(i)(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 subparagraph (A) or (B) of subsection
(i)(2).
(l) 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 Government Reform of
the House of Representatives.
(m) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$70,000,000 for fiscal year 2025 to carry out this section.
(2) Offset.--The amount authorized to be appropriated for
fiscal year 2025 for the Economic Support Fund for Ukraine
under title IV of the Ukraine Security Supplemental
Appropriations Act, 2024 (Public Law 118-50; 138 Stat. 913) is
hereby reduced by $70,000,000.
(n) Termination.--
(1) In general.--The Office of the Inspector General for
Ukraine shall terminate on the date that is 5 years after the
date of the enactment of this Act.
(2) Final report.--The Inspector General shall, prior to
the termination of the Office of the Inspector General for
Ukraine 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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