[Congressional Record Volume 169, Number 129 (Wednesday, July 26, 2023)]
[Senate]
[Pages S3642-S3644]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1055. Mr. WICKER (for himself, Mr. Risch, Mr. Kennedy, Mr. Hawley, 
Ms. Sinema, and Mr. Lee) proposed an amendment 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; as follows:

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

     SEC. 1240A. OFFICE OF THE LEAD INSPECTOR GENERAL FOR UKRAINE 
                   ASSISTANCE.

       (a) Establishment.--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 by 
     the United States for Ukraine.
       (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 conducting investigations, including 
     experience in accounting, auditing, financial analysis, law, 
     management analysis, public administration, or 
     investigations.
       (3) Selection.--The Lead Inspector General may be--
       (A) a senior member of the civil service or Foreign 
     Service;
       (B) selected from among the offices of the Inspectors 
     General; or
       (C) an individual that the meets the qualifications under 
     paragraph (2), as determined by the President.
       (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 Lead Inspector 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.--For purposes of carrying out this section, 
     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 for Ukraine 
     Assistance, who shall supervise auditing and investigative 
     activities and assist the Lead Inspector General in the 
     discharge of responsibilities under this subsection.

[[Page S3643]]

       (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 amounts appropriated 
     by the United States 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 amounts appropriated by the United 
     States for Ukraine--
       (A) to ensure, through joint or individual audits, 
     inspections, and investigations, independent and effective 
     oversight of--
       (i) all funds appropriated 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 obtain expert and consultant 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 that title.
       (7) 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.
       (8) 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, including section 404(b)(1) and 
     section 406 of that title.
       (e) Deployment of Lead Inspector General Staff.--
       (1) In general.--The Office of the Lead Inspector General 
     for Ukraine Assistance shall maintain a presence of at least 
     one individual in the country of Ukraine on a permanent 
     basis.
       (2) Evacuation plan.--The Lead Inspector General shall--
       (A) coordinate with the appropriate chief of mission for 
     the purpose of developing an evacuation plan; and
       (B) maintain a plan to evacuate personnel should an 
     evacuation be required.
       (3) Notice and justification.--To any extent that the Lead 
     Inspector General determines that the Office of the Lead 
     Inspector General for Ukraine Assistance 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 beginning on the date on which such 
     quarter ends and ending on 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 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 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) 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.
       (3) Availability.--
       (A) Public.--The Lead Inspector General shall publish on a 
     publicly available internet website the unclassified form of 
     each report required by paragraph (1) in English and any 
     other language the Lead Inspector General determines is 
     widely used and understood in Ukraine.
       (B) Members of congress.--On request by a Member of 
     Congress, the Lead Inspector General shall make any report 
     required by paragraph (1), including the classified annex, as 
     applicable, available to the Member of Congress.
       (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 the Secretary of State, shall publish a 
     comprehensive accounting of unclassified amounts appropriated 
     by the United States for Ukraine on a publicly available 
     website of the United States Government.
       (h) Briefings.--On request by a committee of Congress or a 
     Member of Congress, not later than 15 days after receiving 
     the request, the Lead Inspector General shall provide to the 
     committee of Congress or Member of Congress a briefing on the 
     oversight of programs and operations funded with amounts 
     appropriated by the United States for Ukraine.
       (i) Inspectors General Staffing.--Personnel assigned to 
     Ukraine-related oversight work by 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, and the 
     Inspector General of other Federal agency shall exclusively 
     perform Ukraine-related oversight work in accordance with the 
     joint strategic plan under subsection (d)(2).
       (j) Assessment of Office of the Lead Inspector General for 
     Ukraine Assistance.--
       (1) In general.--Not later than 180 days after the date on 
     which the Office of the Lead Inspector General for Ukraine 
     Assistance is established, the Secretary of Defense and the 
     Secretary of State shall enter into a contract with an 
     independent third-party entity, which may include a federally 
     funded research and development corporation, to conduct an 
     assessment of the Office of the Lead Inspector General for 
     Ukraine Assistance.
       (2) Elements.--The assessment conducted under paragraph (1) 
     shall include the following:
       (A) An assessment of the discharge of the duties described 
     in subsection (d), including an assessment as to whether any 
     structural or policy adjustments would enable more effective 
     oversight efforts.
       (B) An assessment as to whether establishing a Special 
     Inspector General would be a more effective oversight model.
       (C) An assessment as to whether the Lead Inspector General 
     would benefit from additional resources or authorities to 
     ensure the discharge of all duties under subsection (d) and 
     any other provision of law.
       (D) Any recommendations for Congress to improve the 
     effectiveness of the Lead Inspector General.
       (3) Report.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Secretary of State shall submit to the appropriate committees 
     of Congress, and on request, to any Member of Congress, a 
     report on the assessment required by paragraph (1)
       (B) Publication.--The Secretary of Defense and the 
     Secretary of State shall publish the report required by 
     subparagraph (A) on a publicly accessible internet website of 
     the United States Government.
       (k) Termination.--The Office of the Lead Inspector General 
     for Ukraine Assistance shall terminate 180 days after the 
     date on which amounts appropriated by the United States for 
     Ukraine are less than the amounts that were appropriated by 
     the United States for Ukraine on February 24, 2022.
       (l) Authorization of Appropriations.--
       (1) Authorization.--There is authorized to be appropriated 
     $10,000,000 to carry out this section.
       (2) Offset.--The amount authorized to be appropriated for 
     the Office of the Secretary of Defense is hereby reduced by 
     $10,000,000.
       (m) Definitions.--In this section:
       (1) Amounts appropriated by the united states for 
     ukraine.--The term ``amounts appropriated by the United 
     States for Ukraine'' means amounts appropriated on or after 
     January 1, 2022, for--
       (A) the Ukraine Security Assistance Initiative established 
     under section 1250 of the National Defense Authorization Act 
     for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1608);
       (B) any foreign military financing accessed by the 
     Government of Ukraine;
       (C) the presidential drawdown authority under section 
     506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2318(a));
       (D) the defense institution building program under section 
     332 of title 10, United States Code;
       (E) the building partner capacity program under section 333 
     of title 10, United States Code;

[[Page S3644]]

       (F) the international military education and training 
     program of the Department of State; or
       (G) any amounts appropriated 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 this paragraph.
       (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 ``Inspectors 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.
                                 ______