[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 682 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 682
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 20, 2025
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Independent and
Objective Oversight of Ukrainian Assistance Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Establishment of Office of the Special Inspector General for
Ukrainian Military, Economic, and
Humanitarian Aid.
Sec. 5. Assistant Inspectors General.
Sec. 6. Supervision.
Sec. 7. Duties.
Sec. 8. Powers and authorities.
Sec. 9. Personnel, facilities, and other resources.
Sec. 10. Reports.
Sec. 11. Transparency.
Sec. 12. Authorization of appropriations.
Sec. 13. Termination.
SEC. 2. PURPOSES.
The purposes of this Act 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.
SEC. 3. DEFINITIONS.
In this Act:
(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'' 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;
(C) to the Department of State under the heading
``nonproliferation, anti-terrorism, demining and
related programs''; and
(D) 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 Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Appropriations of the House of
Representatives;
(F) the Committee on Armed Services of the House of
Representatives;
(G) the Committee on Foreign Affairs of the House
of Representatives; and
(H) the Committee on Oversight and Reform 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 section 4(a).
(4) Special inspector general.--The term ``Special
Inspector General'' means the Special Inspector General for
Ukrainian Military, Economic, and Humanitarian Aid appointed
pursuant to section 4(b).
SEC. 4. ESTABLISHMENT OF OFFICE OF THE SPECIAL INSPECTOR GENERAL FOR
UKRAINIAN MILITARY, ECONOMIC, AND HUMANITARIAN AID.
(a) 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 section 2.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) Removal.--The Special Inspector General shall be removable from
office in accordance with section 403(b) of title 5, United States
Code.
SEC. 5. 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).
SEC. 6. SUPERVISION.
(a) In General.--Except as provided in subsection (b), the Special
Inspector General shall report directly to, and be under the general
supervision of, the Secretary of State and the Secretary of Defense.
(b) 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--
(1) 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
(2) issuing any subpoena during the course of any such
audit or investigation.
SEC. 7. DUTIES.
(a) 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--
(1) the oversight and accounting of the obligation and
expenditure of such funds;
(2) the monitoring and review of reconstruction activities
funded by such funds;
(3) the monitoring and review of contracts funded by such
funds;
(4) 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;
(5) the maintenance of records regarding the use of such
funds to facilitate future audits and investigations of the use
of such funds;
(6) 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;
(7) 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
(8) 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.
(b) 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 subsection (a).
(c) Consultation.--The Special Inspector General shall consult with
the appropriate congressional committees before engaging in auditing
activities outside of Ukraine.
(d) Duties and Responsibilities Under Chapter 4 of Title 5, United
States Code.--In addition to the duties specified in subsections (a)
and (b), the Special Inspector General shall have the duties and
responsibilities of inspectors general under chapter 4 of title 5,
United States Code.
(e) Coordination of Efforts.--In carrying out the duties,
responsibilities, and authorities of the Special Inspector General
under this Act, the Special Inspector General shall coordinate with,
and receive cooperation from--
(1) the Inspector General of the Department of Defense;
(2) the Inspector General of the Department of State;
(3) the Inspector General of the United States Agency for
International Development; and
(4) the Inspector General of any other relevant Federal
agency.
SEC. 8. POWERS AND AUTHORITIES.
(a) Authorities Under Chapter 4 of Title 5, United States Code.--
(1) In general.--Except as provided in paragraph (2), in
carrying out the duties specified in section 7, the Special
Inspector General shall have the authorities provided under
section 406 of title 5, United States Code, including the
authorities under subsection (e) of such section.
(2) Limitation.--The Special Inspector General is not
authorized to audit or investigate the intelligence community
(as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)).
(b) Audit Standards.--The Special Inspector General shall carry out
the duties specified in section 7(a) in accordance with section
404(b)(1) of title 5, United States Code.
(c) Expedited Hiring Authority.--
(1) In general.--Subject to paragraph (2), the Special
Inspector General may exercise any authority provided to the
head of a temporary organization under section 3161 of title 5,
United States Code, without regard to whether the Office
qualifies as a temporary organization under subsection (a) of
such section.
(2) Limitations.--With respect to the exercise of authority
under subsection (b) of section 3161 of title 5, United States
Code, as authorized under paragraph (1)--
(A) the Special Inspector General may not make any
appointment under that subsection on or after the later
of--
(i) the date that is 180 days after the
date of enactment of this Act; or
(ii) the date that is 180 days after the
date on which the Special Inspector General is
confirmed by the Senate;
(B) paragraph (2) of that subsection (relating to
periods of appointments) shall not apply; and
(C) no period of an appointment made under that
subsection may extend after the date on which the
Office terminates under section 13.
(3) Reemployment of annuitants.--
(A) In general.--Subject to subparagraph (B), if an
annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in a
position in the Office--
(i) the annuity of that annuitant shall
continue; and
(ii) such reemployed annuitant shall not be
considered to be an employee for the purposes
of chapter 83 or 84 of title 5, United States
Code.
(B) Limitations.--Subparagraph (A) shall apply to--
(i) not more than 25 employees of the
Office at any particular time, as designated by
the Special Inspector General; and
(ii) pay periods beginning after the date
of enactment of this Act.
SEC. 9. PERSONNEL, FACILITIES, AND OTHER RESOURCES.
(a) 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--
(1) chapter 33 of title 5, United States Code, governing
appointments in the competitive service; and
(2) chapter 51 and subchapter III of chapter 53 of such
title, relating to classification and General Schedule pay
rates.
(b) 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.
(c) Contracting Authority.--To the extent and in such amounts as
may be provided in advance by appropriations Acts, the Special
Inspector General may--
(1) enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and
with private persons; and
(2) make such payments as may be necessary to carry out the
duties of the Special Inspector General.
(d) Resources.--The Secretary of State or the Secretary of Defense,
as appropriate, shall provide the Special Inspector General with--
(1) 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;
(2) such equipment, office supplies, and communications
facilities and services as may be necessary for the operation
of such offices; and
(3) necessary maintenance services for such offices and the
equipment and facilities located in such offices.
(e) Assistance From Federal Agencies.--
(1) 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.
(2) 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--
(A) the Secretary of State or the Secretary of
Defense, as appropriate; and
(B) the appropriate congressional committees.
SEC. 10. REPORTS.
(a) 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--
(1) 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
(2) includes, for applicable quarter, a detailed statement
of all obligations, expenditures, and revenues associated with
military, economic, and humanitarian activities in Ukraine,
including--
(A) obligations and expenditures of appropriated
funds;
(B) 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