[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 855 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 855
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 HOUSE OF REPRESENTATIVES
February 6, 2023
Mr. Wittman (for himself, Mr. Issa, Mr. Bucshon, Mr. Griffith, and Ms.
Stefanik) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Armed Services, and Oversight and Accountability, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
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.
This Act may be cited as the ``Independent and Objective Oversight
of Ukrainian Assistance Act''.
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; 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 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 3(b) of the Inspector General Act of
1978 (5 U.S.C. App.).
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 Inspector General Act of
1978.--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 the Inspector General Act
of 1978 (5 U.S.C. App.).
(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 Inspector General Act of 1978.--In carrying
out the duties specified in section 7, 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.
(b) Audit Standards.--The Special Inspector General shall carry out
the duties specified in section 7(a) in accordance with section 4(b)(1)
of the Inspector General Act of 1978.
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
each program;
(C) 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;
(D) 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;
(E) operating expenses of entities receiving
amounts appropriated or otherwise made available for
military, economic, and humanitarian aid to Ukraine;
and
(F) for any contract, grant, agreement, or other
funding mechanism described in subsection (b)--
(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.
(b) Covered Contracts, Grants, Agreements, and Funding
Mechanisms.--A contract, grant, agreement, or other funding mechanism
described in this subsection 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--
(1) to build or rebuild the physical infrastructure of
Ukraine;
(2) to establish or reestablish a political or societal
institution of Ukraine;
(3) to provide products or services to the people of
Ukraine; or
(4) to provide security assistance to Ukraine.
(c) Public Availability.--The Special Inspector General shall
publish each report submitted pursuant to subsection (a) on a publicly
available internet website in English, Ukrainian, and Russian.
(d) Form.--Each report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex if
the Special Inspector General determines that a classified annex is
necessary.
(e) Submission of Comments to Congress.--During the 30-day period
beginning on the date a report is received under subsection (a), 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.
(f) Rule of Construction.--Nothing in this section may be construed
to authorize the public disclosure of information that is--
(1) specifically prohibited from disclosure by any other
provision of law;
(2) 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
(3) a part of an ongoing criminal investigation.
SEC. 11. TRANSPARENCY.
(a) Report.--Except as provided in subsection (c), not later than
60 days after receiving a report under section 10(a), 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.
(b) Comments.--Except as provided in subsection (c), not later than
60 days after submitting comments pursuant to section 10(e), 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.
(c) Waiver.--
(1) Authority.--The President may waive the requirement
under subsection (a) or (b) with respect to availability to the
public of any element in a report submitted pursuant to section
10(a) or any comments submitted pursuant to section 10(e) if
the President determines that such waiver is justified for
national security reasons.
(2) Notice of waiver.--The President shall publish a notice
of each waiver made under paragraph (1) in the Federal Register
not later than the date of the submission to the appropriate
congressional committees of a report required under section
10(a) or any comments under section 10(e). Each such report and
comments shall specify whether a waiver was made pursuant to
paragraph (1) and which elements in the report or the comments
were affected by such waiver.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $20,000,000
for fiscal year 2023 to carry out this Act.
(b) 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.
SEC. 13. TERMINATION.
(a) 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.
(b) Final Report.--Before the termination date referred to in
subsection (a), 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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