[Congressional Record Volume 169, Number 124 (Wednesday, July 19, 2023)]
[Senate]
[Pages S3398-S3399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 942. Mr. WICKER (for himself and Mr. Risch) submitted an amendment 
intended to be proposed to amendment SA 935 proposed by Mr. Schumer 
(for Mr. Reed (for himself and Mr. Wicker)) to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle C of title XII, add the following:

     SEC. 1240A. LEAD INSPECTOR GENERAL FOR UKRAINE ASSISTANCE.

       (a) Office of the Lead Inspector General.--There is 
     established the Office of the Lead 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 their use made available 
     by the United States for Ukraine to defeat the Russian 
     invasion.
       (b) Appointment of Lead Inspector General; Removal.--
       (1) Appointment.--The head of the Office of the Lead 
     Inspector General for Ukraine Assistance shall be known as 
     the Lead Inspector General for Ukraine Assistance (in this 
     section referred to as the ``Lead Inspector General''), who 
     shall be designated by the President.
       (2) Qualifications.--The appointment of the Lead 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) Selection.--The Lead 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.
       (4) Deadline for appointment.--The appointment of an 
     individual as Lead Inspector General shall be made not later 
     than 30 days after the date of the enactment of this Act.
       (5) Prohibition on political activities.--For purposes of 
     section 7324 of title 5, United States Code, the Lead 
     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.
       (6) Removal.--The Inspectors General shall be removable 
     from office in accordance with the provisions of section 
     403(b) of title 5, United States Code.
       (c) Supervision.--
       (1) In general.--The Lead Inspector General shall report 
     directly to, and be under the general supervision of, the 
     Secretary of State and the Secretary of Defense.
       (2) Rule of construction.--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.
       (d) Duties.--The duties of the Lead Inspector General are 
     as follows:
       (1) To appoint, from among the offices of the Inspectors 
     General, an Assistant Inspector General, who shall supervise 
     auditing and investigative activities and assist the Lead 
     Inspector General in the discharge of responsibilities under 
     this subsection.
       (2) 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.
       (3) 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.
       (4) With respect to military and nonmilitary United States 
     support for Ukraine--
       (A) to ensure, through joint or individual audits, 
     inspections, and investigations, independent and effective 
     oversight of--
       (i) all funds appropriated or otherwise made available for 
     such support; and
       (ii) the programs, operations, and contracts carried out 
     using such funds; and
       (B) to review and ascertain the accuracy of information 
     provided by Federal agencies relating to--
       (i) obligations and expenditures;
       (ii) costs of programs and projects;
       (iii) accountability of funds;
       (iv) the tracking and monitoring of all lethal and 
     nonlethal security assistance and compliance with end-use 
     certification requirements; and
       (v) the award and execution of major contracts, grants, and 
     agreements in support of Ukraine.
       (5) 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 Lead 
     Inspector General considers appropriate to carrying out the 
     duties described in this subsection.
       (6) 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 Lead 
     Inspector General shall specify.
       (7) 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.
       (e) Deployment of Lead Inspector General Staff.--
       (1) In general.--The Office of the Lead Inspector General 
     for Ukraine shall maintain a presence of at least 1 
     individual in the country of Ukraine at all times.
       (2) Evacuation plan.--The Lead 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.
       (3) Notice and justification.--To any extent that the Lead 
     Inspector General determines that the Office of the Lead 
     Inspector General cannot maintain such a presence in Ukraine, 
     the Lead Inspector General shall notify the appropriate 
     committees of Congress in writing within 7 days of such 
     determination, along with a justification for why the 
     presence could not be maintained.
       (f) Reports.--
       (1) Quarterly reports.--
       (A) In general.--Not later than 30 days after the end of 
     each fiscal-year quarter, the Lead 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 Lead 
     Inspector General with respect to programs and operations 
     funded with amounts appropriated or their use made available 
     by the United States for Ukraine.
       (B) Elements.--Each report required by subparagraph (A) 
     shall include, for the period covered by the report--
       (i) a description of any identified waste, fraud, or abuse 
     with respect to programs and operations funded with amounts 
     appropriated or their use made available by the United States 
     for Ukraine;
       (ii) a description of the status and results of--
       (I) investigations, inspections, and audits; and
       (II) referrals to the Department of Justice;
       (iii) 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
       (iv) 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) Public availability.--The Lead Inspector General shall 
     publish on a publicly available internet website each report 
     required by paragraph (1) in English and any other language 
     the Lead Inspector General determines is widely used and 
     understood in Ukraine.
       (3) Form.--Each report required by this subsection shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Lead Inspector General considers it necessary.
       (4) Rule of construction.--Nothing in this subsection may 
     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.
       (g) Publication of United States Assistance to Ukraine.--
     Not later than 30 days after the date of the enactment of 
     this Act, the President, acting through the Secretary of 
     Defense and Secretary of State, shall publish a comprehensive 
     accounting of amounts

[[Page S3399]]

     appropriated or their use made available by the United States 
     for Ukraine on a publicly available website of the United 
     States Government.
       (h) Termination.--The Office of the Lead Inspector General 
     for Ukraine Assistance shall terminate 180 days after the 
     date on which amounts appropriated or their use made 
     available by the United States for Ukraine are less than the 
     amounts that were appropriated or otherwise available for the 
     military and nonmilitary support of Ukraine on February 24, 
     2022.
       (i) Definitions.--In this section:
       (1) Amounts appropriated or their use made available by the 
     united states for ukraine.--The term ``amounts appropriated 
     or their use made available by the United States for 
     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 114-92; 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, a 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 sub-paragraph 
     (A).
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) 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
       (B) 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.
       (3) Inspectors general.--The term ``Inspector General'' 
     means 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.
                                 ______