,,ii #aaith ,,congress #ast ,session ,s4 #fhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bj1 #bjbe,mr4 ,kennedy introduced the following bill2 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 military1 economic1 and humanitarian aid4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,independent and ,objective ,oversight of ,ukrainian ,assistance ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,purposes4,sec4 #c4 ,definitions4,sec4 #d4 ,establishment of ,office of the ,special ,inspector ,general for ,ukrainian ,military1 ,economic1 and ,humanitarian ,aid4,sec4 #e4 ,assistant ,inspectors ,general4,sec4 #f4 ,supervision4,sec4 #g4 ,duties4,sec4 #h4 ,powers and authorities4,sec4 #i4 ,personnel1 facilities1 and other resources4,sec4 #aj4 ,reports4,sec4 #aa4 ,transparency4,sec4 #ab4 ,authorization of appropriations4,sec4 #ac4 ,termination4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 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 military1 economic1 and humanitarian aid2 7#b7 to provide for the independent and objective leadership and coordination of1 and recommendations concerning1 policies designed-- 7,a7 to promote economic efficiency and effectiveness in the administration of the programs and operations described in paragraph 7#a72 and 7,b7 to prevent and detect waste1 fraud1 and abuse in such programs and operations2 and 7#c7 to provide for an independent and objective means of keeping the ,secretary of ,state1 the ,secretary of ,defense1 and the heads of other relevant ,federal agencies fully and currently informed about-- 7,a7 problems and deficiencies relating to the administration of the programs and operations described in paragraph 7#a72 and 7,b7 the necessity for1 and the progress toward implementing1 corrective action related to such programs4 #c4 ,definitions ,in this ,act3 7#a7 ,amounts appropriated or otherwise made available for the military1 economic1 and humanitarian aid to ,ukraine ,the term amounts appropriated or otherwise made available for the military1 economic1 and humanitarian aid for ,ukraine means amounts appropriated or otherwise made available for any fiscal year-- 7,a7 for the ,ukraine ,security ,assistance ,initiative2 7,b7 for ,foreign ,military ,financing funding for ,ukraine2 7,c7 to the ,department of ,state under the heading nonproliferation1 anti-terrorism1 demining and related programs2 and 7,d7 under titles ,,iii and ,,vi of the ,ukraine ,supplemental ,appropriations ,act 7division ,n of ,public ,law #aag-ajc74 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,armed ,services of the ,senate2 7,c7 the ,committee on ,foreign ,relations of the ,senate2 7,d7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,e7 the ,committee on ,appropriations of the ,house of ,representatives2 7,f7 the ,committee on ,armed ,services of the ,house of ,representatives2 7,g7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,h7 the ,committee on ,oversight and ,reform of the ,house of ,representatives4 7#c7 ,office ,the term ,office means the ,office of the ,special ,inspector ,general for ,ukrainian ,military1 ,economic1 and ,humanitarian ,aid established under section #d7;a74 7#d7 ,special inspector general ,the term ,special ,inspector ,general means the ,special ,inspector ,general for ,ukrainian ,military1 ,economic1 and ,humanitarian ,aid appointed pursuant to section #d7;b74 #d4 ,establishment of ,office of the ,special ,inspector ,general for ,ukrainian ,military1 ,economic1 and ,humanitarian ,aid 7a7 ,in general ,there is hereby established the ,office of the ,special ,inspector ,general for ,ukrainian ,military1 ,economic1 and ,humanitarian ,aid to carry out the purposes set forth in section #b4 7b7 ,appointment of ,special ,inspector ,general ,the head of the ,office shall be the ,special ,inspector ,general for ,ukrainian ,military1 ,economic1 and ,humanitarian ,aid1 who shall be appointed by the ,president4 ,the first ,special ,inspector ,general shall be appointed not later than #cj days after the date of the enactment of this ,act4 7c7 ,qualifications ,the appointment of the ,special ,inspector ,general shall be made solely on the basis of integrity and demonstrated ability in accounting1 auditing1 financial analysis1 law1 management analysis1 public administration1 or investigations4 7d7 ,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 #ecae of title #e1 ,united ,states ,code4 7e7 ,prohibition on political activities ,for purposes of section #gcbd of title #e1 ,united ,states ,code1 the ,special ,inspector ,general is not an employee who determines policies to be pursued by the ,united ,states in the nationwide administration of ,federal law4 7f7 ,removal ,the ,special ,inspector ,general shall be removable from office in accordance with section #djc7;b7 of title #e1 ,united ,states ,code4 #e4 ,assistant ,inspectors ,general ,the ,special ,inspector ,general1 in accordance with applicable laws and regulations governing the civil service1 shall appoint-- 7#a7 an ,assistant ,inspector ,general for ,auditing1 who shall supervise the performance of auditing activities relating to programs and operations supported by amounts appropriated or otherwise made available for military1 economic1 and humanitarian aid to ,ukraine2 and 7#b7 an ,assistant ,inspector ,general for ,investigations1 who shall supervise the performance of investigative activities relating to the programs and operations described in paragraph 7#a74 #f4 ,supervision 7a7 ,in general ,except as provided in subsection 7b71 the ,special ,inspector ,general shall report directly to1 and be under the general supervision of1 the ,secretary of ,state and the ,secretary of ,defense4 7b7 ,independence ,to conduct investigations and audits ,no officer of the ,department of ,defense1 the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 or any other relevant ,federal agency may prevent or prohibit the ,special ,inspector ,general from-- 7#a7 initiating1 carrying out1 or completing any audit or investigation related to amounts appropriated or otherwise made available for the military1 economic1 and humanitarian aid to ,ukraine2 or 7#b7 issuing any subpoena during the course of any such audit or investigation4 #g4 ,duties 7a7 ,oversight of military1 economic1 and humanitarian aid to ,ukraine provided after ,february #bd1 #bjbb ,the ,special ,inspector ,general shall conduct1 supervise1 and coordinate audits and investigations of the treatment1 handling1 and expenditure of amounts appropriated or otherwise made available for military1 economic1 and humanitarian aid to ,ukraine1 and of the programs1 operations1 and contracts carried out utilizing such funds1 including-- 7#a7 the oversight and accounting of the obligation and expenditure of such funds2 7#b7 the monitoring and review of reconstruction activities funded by such funds2 7#c7 the monitoring and review of contracts funded by such funds2 7#d7 the monitoring and review of the transfer of such funds and associated information between and among departments1 agencies1 and entities of the ,united ,states and private and nongovernmental entities2 7#e7 the maintenance of records regarding the use of such funds to facilitate future audits and investigations of the use of such funds2 7#f7 the monitoring and review of the effectiveness of ,united ,states coordination with the ,government of ,ukraine1 major recipients of ,ukrainian refugees1 partners in the region1 and other donor countries2 7#g7 the investigation of overpayments 7such as duplicate payments or duplicate billing7 and any potential unethical or illegal actions of ,federal employees1 contractors1 or affiliated entities2 and 7#h7 the referral of reports compiled as a result of such investigations1 as necessary1 to the ,department of ,justice to ensure further investigations1 prosecutions1 recovery of funds1 or other remedies4 7b7 ,other duties related to oversight ,the ,special ,inspector ,general shall establish1 maintain1 and oversee such systems1 procedures1 and controls as the ,special ,inspector ,general considers appropriate to discharge the duties described in subsection 7a74 7c7 ,consultation ,the ,special ,inspector ,general shall consult with the appropriate congressional committees before engaging in auditing activities outside of ,ukraine4 7d7 ,duties and responsibilities under chapter #d of title #e1 ,united ,states ,code ,in addition to the duties specified in subsections 7a7 and 7b71 the ,special ,inspector ,general shall have the duties and responsibilities of inspectors general under chapter #d of title #e1 ,united ,states ,code4 7e7 ,coordination of efforts ,in carrying out the duties1 responsibilities1 and authorities of the ,special ,inspector ,general under this ,act1 the ,special ,inspector ,general shall coordinate with1 and receive cooperation from-- 7#a7 the ,inspector ,general of the ,department of ,defense2 7#b7 the ,inspector ,general of the ,department of ,state2 7#c7 the ,inspector ,general of the ,united ,states ,agency for ,international ,development2 and 7#d7 the ,inspector ,general of any other relevant ,federal agency4 #h4 ,powers and authorities 7a7 ,authorities under chapter #d of title #e1 ,united ,states ,code 7#a7 ,in general ,except as provided in paragraph 7#b71 in carrying out the duties specified in section #g1 the ,special ,inspector ,general shall have the authorities provided under section #djf of title #e1 ,united ,states ,code1 including the authorities under subsection 7e7 of such section4 7#b7 ,limitation ,the ,special ,inspector ,general is not authorized to audit or investigate the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc774 7b7 ,audit standards ,the ,special ,inspector ,general shall carry out the duties specified in section #g7;a7 in accordance with section #djd7;b77#a7 of title #e1 ,united ,states ,code4 7c7 ,expedited hiring authority 7#a7 ,in general ,subject to paragraph 7#b71 the ,special ,inspector ,general may exercise any authority provided to the head of a temporary organization under section #cafa of title #e1 ,united ,states ,code1 without regard to whether the ,office qualifies as a temporary organization under subsection 7a7 of such section4 7#b7 ,limitations ,with respect to the exercise of authority under subsection 7b7 of section #cafa of title #e1 ,united ,states ,code1 as authorized under paragraph 7#a7-- 7,a7 the ,special ,inspector ,general may not make any appointment under that subsection on or after the later of-- 7i7 the date that is #ahj days after the date of enactment of this ,act2 or 7ii7 the date that is #ahj days after the date on which the ,special ,inspector ,general is confirmed by the ,senate2 7,b7 paragraph 7#b7 of that subsection 7relating to periods of appointments7 shall not apply2 and 7,c7 no period of an appointment made under that subsection may extend after the date on which the ,office terminates under section #ac4 7#c7 ,reemployment of annuitants 7,a7 ,in general ,subject to subparagraph 7,b71 if an annuitant receiving an annuity from the ,civil ,service ,retirement and ,disability ,fund becomes employed in a position in the ,office-- 7i7 the annuity of that annuitant shall continue2 and 7ii7 such reemployed annuitant shall not be considered to be an employee for the purposes of chapter #hc or #hd of title #e1 ,united ,states ,code4 7,b7 ,limitations ,subparagraph 7,a7 shall apply to-- 7i7 not more than #be employees of the ,office at any particular time1 as designated by the ,special ,inspector ,general2 and 7ii7 pay periods beginning after the date of enactment of this ,act4 #i4 ,personnel1 facilities1 and other resources 7a7 ,personnel ,the ,special ,inspector ,general may select1 appoint1 and employ such officers and employees as may be necessary for carrying out the duties of the ,special ,inspector ,general1 subject to the provisions of-- 7#a7 chapter #cc of title #e1 ,united ,states ,code1 governing appointments in the competitive service2 and 7#b7 chapter #ea and subchapter ,,iii of chapter #ec of such title1 relating to classification and ,general ,schedule pay rates4 7b7 ,employment of experts and consultants ,the ,special ,inspector ,general may obtain the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 at daily rates not to exceed the equivalent rate prescribed for grade ,,gs-#ae of the ,general ,schedule under section #eccb of such title4 7c7 ,contracting authority ,to the extent and in such amounts as may be provided in advance by appropriations ,acts1 the ,special ,inspector ,general may-- 7#a7 enter into contracts and other arrangements for audits1 studies1 analyses1 and other services with public agencies and with private persons2 and 7#b7 make such payments as may be necessary to carry out the duties of the ,special ,inspector ,general4 7d7 ,resources ,the ,secretary of ,state or the ,secretary of ,defense1 as appropriate1 shall provide the ,special ,inspector ,general with-- 7#a7 appropriate and adequate office space at appropriate locations of the ,department of ,state or the ,department of ,defense1 as appropriate1 in ,ukraine or in ,european partner countries2 7#b7 such equipment1 office supplies1 and communications facilities and services as may be necessary for the operation of such offices2 and 7#c7 necessary maintenance services for such offices and the equipment and facilities located in such offices4 7e7 ,assistance from federal agencies 7#a7 ,in general ,upon request of the ,special ,inspector ,general for information or assistance from any department1 agency1 or other entity of the ,federal ,government1 the head of such entity shall1 to the extent practicable and not in contravention of any existing law1 furnish such information or assistance to the ,special ,inspector ,general or an authorized designee4 7#b7 ,reporting of refused assistance ,whenever information or assistance requested by the ,special ,inspector ,general is1 in the judgment of the ,special ,inspector ,general1 unreasonably refused or not provided1 the ,special ,inspector ,general shall immediately report the circumstances to-- 7,a7 the ,secretary of ,state or the ,secretary of ,defense1 as appropriate2 and 7,b7 the appropriate congressional committees4 #aj4 ,reports 7a7 ,quarterly reports ,not later than #cj days after the end of each quarter of each fiscal year1 the ,special ,inspector ,general shall submit to the appropriate congressional committees1 the ,secretary of ,state1 and the ,secretary of ,defense a report that-- 7#a7 summarizes1 for the applicable quarter1 and to the extent possible1 for the period from the end of such quarter to the date on which the report is submitted1 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 military1 economic1 and humanitarian aid to ,ukraine2 and 7#b7 includes1 for applicable quarter1 a detailed statement of all obligations1 expenditures1 and revenues associated with military1 economic1 and humanitarian activities in ,ukraine1 including-- 7,a7 obligations and expenditures of appropriated funds2 7,b7 a project-by-project and program-by-program accounting of the costs incurred to date for military1 economic1 and humanitarian aid to ,ukraine1 including an estimate of the costs to be incurred by the ,department of ,defense1 the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 and other relevant ,federal agencies to complete each project and each program2 7,c7 revenues attributable to1 or consisting of1 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 revenues2 7,d7 revenues attributable to1 or consisting of1 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 revenues2 7,e7 operating expenses of entities receiving amounts appropriated or otherwise made available for military1 economic1 and humanitarian aid to ,ukraine2 and 7,f7 for any contract1 grant1 agreement1 or other funding mechanism described in subsection 7b7-- 7i7 the dollar amount of the contract1 grant1 agreement1 or other funding mechanism2 7ii7 a brief discussion of the scope of the contract1 grant1 agreement1 or other funding mechanism2 7iii7 a discussion of how the ,federal department or agency involved in the contract1 grant1 agreement1 or other funding mechanism identified1 and solicited offers from1 potential individuals or entities to perform the contract1 grant1 agreement1 or other funding mechanism1 including a list of the potential individuals or entities that were issued solicitations for the offers2 and 7iv7 the justification and approval documents on which the determination to use procedures other than procedures that provide for full and open competition was based4 7b7 ,covered contracts1 grants1 agreements1 and funding mechanisms ,a contract1 grant1 agreement1 or other funding mechanism described in this subsection is any major contract1 grant1 agreement1 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 military1 economic1 or humanitarian aid to ,ukraine with any public or private sector entity-- 7#a7 to build or rebuild the physical infrastructure of ,ukraine2 7#b7 to establish or reestablish a political or societal institution of ,ukraine2 7#c7 to provide products or services to the people of ,ukraine2 or 7#d7 to provide security assistance to ,ukraine4 7c7 ,public availability ,the ,special ,inspector ,general shall publish each report submitted pursuant to subsection 7a7 on a publicly available internet website in ,english1 ,ukrainian1 and ,russian4 7d7 ,form ,each report required under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex if the ,special ,inspector ,general determines that a classified annex is necessary4 7e7 ,submission of comments to ,congress ,during the #cj-;day period beginning on the date a report is received pursuant to subsection 7a71 the ,secretary of ,state and the ,secretary of ,defense may submit comments to the appropriate congressional committees1 in unclassified form1 regarding any matters covered by the report that the ,secretary of ,state or the ,secretary of ,defense considers appropriate4 ,such comments may include a classified annex if the ,secretary of ,state or the ,secretary of ,defense considers such annex to be necessary4 7f7 ,rule of construction ,nothing in this section may be construed to authorize the public disclosure of information that is-- 7#a7 specifically prohibited from disclosure by any other provision of law2 7#b7 specifically required by ,executive order to be protected from disclosure in the interest of defense or national security or in the conduct of foreign affairs2 or 7#c7 a part of an ongoing criminal investigation4 #aa4 ,transparency 7a7 ,report ,except as provided in subsection 7c71 not later than #fj days after receiving a report pursuant to section #aj7;a71 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 cost4 7b7 ,comments ,except as provided in subsection 7c71 not later than #fj days after submitting comments pursuant to section #aj7;e71 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 cost4 7c7 ,waiver 7#a7 ,authority ,the ,president may waive the requirement under subsection 7a7 or 7b7 with respect to availability to the public of any element in a report submitted pursuant to section #aj7;a7 or any comments submitted pursuant to section #aj7;e7 if the ,president determines that such waiver is justified for national security reasons4 7#b7 ,notice of waiver ,the ,president shall publish a notice of each waiver made under paragraph 7#a7 in the ,federal ,register not later than the date of the submission to the appropriate congressional committees of a report required under section #aj7;a7 or any comments submitted pursuant to section #aj7;e74 ,each such report and comments shall specify whether a waiver was made pursuant to paragraph 7#a7 and which elements in the report or the comments were affected by such waiver4 #ab4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated #bj1jjj1jjj for fiscal year #bjbf to carry out this ,act4 7b7 ,rescission ,of the amount appropriated under the heading assistance for europe1 eurasia1 and central asia in title ,,iv of the ,ukraine ,security ,supplemental ,appropriations ,act1 #bjbd 7division ,b of ,public ,law #aah-ej71 #bj1jjj1jjj is rescinded4 #ac4 ,termination 7a7 ,in general ,the ,office shall terminate on the day that is #ahj days after the date on which amounts appropriated or otherwise made available for the reconstruction of ,ukraine that are unexpended are less than #bej1jjj1jjj4 7b7 ,final report ,before the termination date referred to in subsection 7a71 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 military1 economic1 and humanitarian aid to ,ukraine4