119-s671

[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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