Rep. James Comer (R-Kentucky) is slamming the State Dept. and U.S. Agency for International Development (USAID) for allegedly obstructing the Special Inspector General for Afghanistan Reconstruction’s (SIGAR) audits and Congressionally-mandated reviews of US-Afghanistan matters.

John Sopko, who serves as SIGAR, recently informed congressional leaders that USAID has refused to provide him the necessary information and assistance regarding compliance with laws and regulations prohibiting the transfer of funds to the Taliban. 

The US suddenly abandoned its mission in Afghanistan under President Biden in a chaotic withdrawal that resulted in dozen of deaths of Afghans and US troops.

The Islamic extremist Taliban that the US had fought for decades was allowed to resume power.

However, Biden administration officials tried to prevent US aid still flowing to Afghanistan from falling into the hands of the Taliban.

In Sopko’s letter to Congress he writes:

State and USAID’s sudden refusal to cooperate is particularly surprising. After more than a decade of cooperation with my office, the agencies have now refused to provide information and assistance needed for several audits and Congressionally mandated reviews pertaining to, among other things:

(1) the collapse of the U.S.‐backed government in Afghanistan; (2) State and USAID compliance with laws and regulations prohibiting the transfer of funds to the Taliban; (3) and ongoing humanitarian and development programs supporting the Afghan people.”

John Sopko, Special Inspector General for Afghanistan’s Reconstruction (SIGAR)

The Biden Administration’s obstruction of the Special Inspector General’s investigation is unprecedented. For the first time in its more than 20 years of existence, the Special Inspector General for Afghanistan Reconstruction has informed Congress the Biden Administration is ‘unreasonably refusing’ to cooperate with several investigations. This tracks with the Biden Administration’s refusal to provide any information to Oversight Committee Republicans about the botched Afghanistan withdrawal. This is unacceptable and demands immediate congressional oversight. What does President Biden have to hide?

The American people deserve transparency and accountability. While Democrats refuse to hold a single hearing on the deadly Afghanistan withdrawal, Republicans will continue to work to hold the Biden Administration accountable and will not allow executive agencies to sweep evidence under the rug. Secretary Blinken and Administrator Powers should expect to hear from us soon.” 

Rep. James Comer (R-Kentucky)

Sopko’s letter to congressional leaders can be read here and below:

The Honorable Patrick Leahy, Chairman
The Honorable Richard Shelby, Vice Chairman Committee on Appropriations
United States Senate

The Honorable Jack Reed, Chairman
The Honorable James Inhofe, Ranking Member Committee on Armed Services
United States Senate

The Honorable Bob Menendez, Chairman
The Honorable James E. Risch, Ranking Member Committee on Foreign Relations
United States Senate

The Honorable Gary C. Peters, Chairman
The Honorable Rob Portman, Ranking Member Committee on Homeland Security

and Governmental Affairs United States Senate

Dear Committee Chairs and Ranking Members:

The Honorable Rosa L. DeLauro, Chair
The Honorable Kay Granger, Ranking Member Committee on Appropriations
U.S. House of Representatives

The Honorable Adam Smith, Chairman
The Honorable Mike Rogers, Ranking Member Committee on Armed Services
U.S. House of Representatives

The Honorable Gregory Meeks, Chairman The Honorable Michael McCaul, Ranking Member
Committee on Foreign Affairs

U.S. House of Representatives
The Honorable Carolyn Maloney, Chairwoman The Honorable James Comer, Ranking Member Committee on Oversight and Reform
U.S. House of Representatives

June 22, 2022

As required by Section 1229(h)(5)(B) of the National Defense Authorization Act for Fiscal Year 2008 (“NDAA for FY 2008”), Pub. L. No. 110‐181, it is my duty to report that the Department of State and the U.S. Agency for International Development (“USAID”) are unreasonably refusing to provide information and assistance requested by SIGAR, in direct violation of Section 1229(h)(5)(A) of the NDAA for FY 2008 (requiring the agency to provide information and assistance upon request) and Section 6(c)(1) of the Inspector General Act of 1978, as amended.1

1 Section 1229(h)(5)(A) provides that, “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.” Section 6(c)(1) of the IG Act contains a nearly identical provision.

This matter is discussed in more detail in the letter I sent today to the Secretary of State and the USAID Administrator informing them of their respective agencies’ repeated and continuing refusal to provide information and assistance requested by my office, a copy of which is attached. Also attached is a copy of a second letter, which was previously provided to State and USAID legal counsel, providing a detailed explanation of SIGAR’s jurisdiction.

State and USAID’s sudden refusal to cooperate is particularly surprising. After more than a decade of cooperation with my office, the agencies have now refused to provide information and assistance needed for several audits and Congressionally mandated reviews pertaining to, among other things: (1) the collapse of the U.S.‐backed government in Afghanistan; (2) State and USAID compliance with laws and regulations prohibiting the transfer of funds to the Taliban; and (3) ongoing humanitarian and development programs supporting the Afghan people.

Congress was clear when it granted SIGAR jurisdiction over all reconstruction spending in Afghanistan, including development and humanitarian aid.1 Accordingly, since 2008 SIGAR has published numerous reports concerning those very subjects.2 Congress was also clear when it required State and USAID to provide SIGAR with information and assistance upon request, and when it unambiguously prohibited agency officials from refusing to cooperate with SIGAR’s work.3 Three prior administrations understood and abided by these legal certainties. It is shocking that State and USAID officials are choosing at this particular juncture to violate the law, obstruct SIGAR’s oversight work, and refuse to cooperate with our oversight requests.

Billions of dollars have been spent in Afghanistan and billions more continue to be spent. Congress and American taxpayers deserve to know why the Afghan government collapsed after all that assistance, where the money went, and how taxpayer money is now being spent in Afghanistan. It is my hope that the Secretary and the Administrator will follow the example of their predecessors across administrations and resume cooperating with SIGAR so that my staff can continue to audit and review these activities. The letter of the law and the rule of law require nothing less.

1 SIGAR has jurisdiction to audit, investigate, and report on projects and programs using: “any . . . funding mechanism” that supports “any of the following purposes: (A) To build or rebuild physical infrastructure of Afghanistan. (B) To establish or reestablish a political or societal institution of Afghanistan. [and] (C) To provide products or services to the people of Afghanistan.” National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 110‐181, § 1229(i)(2).

2 See, e.g., SIGAR, Quarterly Report to the United States Congress (October 2008); SIGAR, Quarterly Report to the United States Congress (July 2009); SIGAR, Quarterly Report to the United States Congress (October 2010); SIGAR, Rule of Law in Afghanistan: U.S. Agencies Lack a Strategy and Cannot Fully Determine the Effectiveness of Programs Costing More Than $1 Billion, SIGAR Audit 15‐68 (July 2015); SIGAR, Afghan Refugees and Returnees: Corruption and Lack of Afghan Ministerial Capacity Have Prevented Implementation of a Long‐term Refugee Strategy, SIGAR Audit 15‐83 (August 2015); SIGAR, Private Sector Development and Economic Growth: Lessons from the U.S. Experience in Afghanistan (April 2018); SIGAR, Reintegration of Ex‐Combatants: Lessons from the U.S Experience in Afghanistan (September 2019); SIGAR, Afghanistan’s Anti‐Corruption Efforts: Corruption Remained a Serious Problem in the Afghan Government and More Tangible Action was Required to Root It Out, SIGAR Audit 21‐ 47 (August 2021).

3 NDAA for FY 2008, § 1229(e)(2).

‐2‐

Thank you for your many years of support for SIGAR and its mission. Should you have any questions with regard to this letter, please contact me at 703‐545‐6000 or [email protected], or your staff may contact Robert B. Lawrence, Director of Congressional Affairs and Government Affairs, at 703‐786‐7539 or [email protected].

Sincerely

John F. Sopko
Special Inspector General
for Afghanistan Reconstruction

Attachments:

As stated