Sec. 1222. Special Inspector General for Ukraine Assistance
2,972 words·~14 min read·
/bill/118/hr/2670/rds/section-1222·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established the Office of the Special Inspector General for Ukraine Assistance for the following: 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. 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).
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. The head of the Office of the Special Inspector General for Ukraine Assistance shall be known as the Special Inspector General for Ukraine Assistance (in this section referred to as the Special Inspector General ), who shall be designated by the President, with the advice and consent of the Senate.
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. The Special Inspector General may be a member of the civil service or Foreign Service and may be selected from among the offices of the Inspectors General. The appointment of an individual as Special Inspector General shall be made not later than 30 days after the date of enactment of this Act.
For purposes of section 7324 of title 5, United States Code, the Special 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. The Inspectors General shall be removable from office in accordance with the provisions of section 403(b) of title 5, United States Code. No officer of the Department of Defense, the Department of State, or the United States Agency for International Development shall prevent or prohibit the Special 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.
The Special Inspector General shall report directly to, and be under the general supervision of, the Secretary of State and the Secretary of Defense. Nothing in this section may be construed to limit the ability of the Inspectors General to enter into agreements to conduct joint audits, inspections, or investigations in the exercise of their oversight responsibilities in accordance with this section with respect to Ukraine. It shall be the duty of the Special 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.
Such duty shall also include the following: To appoint, from among the offices of the Inspectors General, an Assistant Inspector General, who shall supervise auditing and investigative activities and assist the Special Inspector General in the discharge of responsibilities under this subsection. 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.
The oversight and accounting of the obligation and expenditure of such funds; the monitoring and review of contracts funded by such funds. 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. The maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds. To develop and carry out, in coordination with the offices of the Inspectors General, a joint strategic plan to conduct comprehensive oversight of all military and nonmilitary United States support for Ukraine.
To apply key lessons from prior oversight work, in coordination with the offices of the Inspectors General, to Ukraine response programs and operations to minimize waste, fraud, and abuse. With respect to military and nonmilitary United States support for Ukraine— to ensure, through joint or individual audits, inspections, and investigations, independent and effective oversight of— all funds appropriated or otherwise made available for such support; and the programs, operations, and contracts carried out using such funds; and to review and ascertain the accuracy of information provided by Federal agencies relating to— obligations and expenditures; costs of programs and projects; accountability of funds; the tracking and monitoring of all lethal and nonlethal security assistance and compliance with end-use certification requirements; and the award and execution of major contracts, grants, and agreements in support of Ukraine.
To employ, or authorize the employment by the Inspectors General, on a temporary basis using the authorities in section 3161 of title 5, United States Code (without regard to subsection (b)(2) of such section), such auditors, investigators, and other personnel as the Special Inspector General considers appropriate to carrying out the duties described in this subsection. To carry out such other responsibilities relating to the coordination and efficient and effective discharge by the Inspectors General of duties relating to United States military and nonmilitary support for Ukraine as the Special Inspector General shall specify.
To discharge the responsibilities under this subsection in a manner consistent with the authorities and requirements of this section and the authorities and requirements applicable to the Inspectors General under chapter 4 of title 5, United States Code. To review and ascertain that all Federal agencies involved in the distribution of any weaponry and equipment sent to Ukraine evaluated the financial value of all weaponry and equipment accurately and consistently since February 24, 2022.
The Special 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. To the extent and in such amounts as may be provided in advance by appropriations Acts, the Special 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 Special Inspector General.
The Office of the Special Inspector General for Ukraine shall maintain a presence of at least 1 individual in the country of Ukraine at all times. The Special Inspector General shall coordinate with the appropriate chief of mission for this purpose and shall maintain a plan to evacuate personnel should it be required. To any extent that the Special Inspector General determines that the Office of the Special Inspector General cannot maintain such a presence in Ukraine, the Special Inspector General shall notify the appropriate congressional committees in writing within 7 days of such determination, along with a justification for why the presence could not be maintained.
The Secretary of State or the Secretary of Defense, as appropriate, shall provide the Special Inspector General with— 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 appropriate and adequate support for audits, investigations, and related activities by the Special Inspector General or assigned personnel within the territory of Ukraine.
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, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Special Inspector General, or an authorized designee. 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 report the circumstances to the Secretary of State or the Secretary of Defense, as appropriate, and to the appropriate congressional committees without delay.
Not later than 30 days after the end of each fiscal-year quarter, the Special Inspector General shall submit to the appropriate committees of Congress a report summarizing with respect to that quarter and, to the extent possible, 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 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: Obligations and expenditures of appropriated funds. Operating expenses of agencies or entities receiving amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine. In the case of any contract, grant, agreement, or other funding mechanism described in paragraph (4)— the amount of the contract, grant, agreement, or other funding mechanism; a brief discussion of the scope of the contract, grant, agreement, or other funding mechanism; 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 the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition.
An accounting comparison of— the military and nonmilitary support provided to Ukraine by the United States; and 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. Each report required by subparagraph
(A)shall include, for the period covered by the report— a description of any identified waste, fraud, or abuse with respect to programs and operations funded with amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine; a description of the status and results of— investigations, inspections, and audits; and referrals to the Department of Justice; a description of the overall plans for review by the Inspectors General of such support of Ukraine, including plans for investigations, inspections, and audits; and an evaluation of the compliance of the Government of Ukraine with all requirements for receiving United States funds, including a specific description of any instances where the Government of Ukraine failed to comply with the requirements specified to receive United States funds, weaponry, and equipment. The Special Inspector General shall publish on a publicly available internet website each report required by paragraph
(1)in English and any other language the Special Inspector General determines is widely used and understood in Ukraine. Each report required by this subsection shall be submitted in unclassified form, but may include a classified annex if the Special Inspector General considers it necessary. A covered 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: To build or rebuild physical infrastructure of Ukraine. To establish or reestablish a political or societal institution of Ukraine. To provide products or services to the people of Ukraine. To provide lethal or nonlethal weaponry to Ukraine. To otherwise provide military or nonmilitary support to Ukraine. Nothing in this subsection may be construed to authorize the public disclosure of information that is— specifically prohibited from disclosure by any other provision of law; or a part of an ongoing criminal investigation. The Special Inspector General shall also transmit each report required by subsection
(g)to the Secretary of State and the Secretary of Defense. Not later than 30 days after receipt of a report pursuant to paragraph (1), the Secretary of State and the Secretary of Defense shall separately 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. On request, any Member of Congress may view the comments submitted pursuant to subparagraph (A), including the classified annex. Not later than 60 days after submission to the appropriate congressional committees of a report required by subsection (g), 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. Not later than 60 days after submission to the appropriate congressional committees pursuant to subsection (h)(2)(A) of comments on a report required by subsection (g), 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. The President may waive the requirement under paragraph
(1)or
(2)of subsection
(i)with respect to the public availability of any element in a report required by subsection (g), or any comment submitted pursuant to subsection (h)(2)(A), if the President determines that the waiver is justified for national security reasons. 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 by subsection (g), or any comment submitted pursuant to subsection (h)(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. Nothing in this subsection may be construed to authorize the President to waive any requirement under subsection (h)(2) with respect to the availability of comments submitted pursuant to such subsection. Not later than 30 days after the date of enactment of this Act, the President, acting through the Secretary of Defense and Secretary of State, shall publish a comprehensive accounting of amounts appropriated or otherwise made available by the United States for military and nonmilitary support for Ukraine on a publicly available website of the United States Government. In this section: The term amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine means— amounts appropriated or otherwise made available on or after January 1, 2022, for— the Ukraine Security Assistance Initiative under section 1250 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1608); any foreign military financing accessed by the Government of Ukraine; the presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) ); the defense institution building program under section 332 of title 10, United States Code; the building partner capacity program under section 333 of title 10, United States Code; the international military education and training program of the Department of State; and the United States European Command; and 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). The term appropriate congressional committees means— the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Oversight and Accountability of the House of Representatives. The term Inspectors General means the following: The Inspector General of the Department of Defense. The Inspector General of the Department of State. The Inspector General of the United States Agency for International Development. 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 are less than the amounts that were appropriated or otherwise available for the military and nonmilitary support of Ukraine on February 24, 2022. The Special Inspector General shall, prior to the termination of the Office of the Special Inspector General for Ukraine Assistance under subsection (m), 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. There is authorized to be appropriated $20,000,000 for fiscal year 2024 to carry out this section. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301 for Operation and maintenance, defense-wide–Line 490–Office of the Secretary of Defense , is hereby reduced by $20,000,000.
Connectionstraces to 2
Traces to 2 documents
public-private-law
U.S. Code
1 reference not yet in our index
- 129 Stat. 1608
Citation graph
cites case law
Sec. 1222
Special Inspector General for Ukraine Assistance
Stat.129 Stat. 1608
Cites 3Cited by 0 across 0 sources