S.Amdt. 1023

SA 1023. Mr. WICKER (for himself, Mr. Risch, Mr. Kennedy, Mr. Hawley,
and Ms. Sinema) submitted an amendment intended to be proposed by him
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. 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.
(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--

[[Page S3536]]

(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; and
(F) the international military education and training
program of the Department of State.
(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.
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