Sec. 1222. Special Inspector General for Ukraine Assistance
1,464 words·~7 min read·
/bill/118/hr/2670/rh/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 to provide for the oversight of 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 the Government of Ukraine to defeat the Russian invasion. 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.
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. 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. The duties of the Special Inspector General are as follows: 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.
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. 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. 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 of the Special Inspector General with respect to programs and operations funded with amounts appropriated or otherwise made available for military and nonmilitary support for Ukraine.
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 description of any area of concern with respect to the ability of the Government of Ukraine to achieve such compliance. 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. 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; 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 a part of an ongoing criminal investigation. 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.
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