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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4994 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 4994

 To establish officials and institutions for the strengthening of the 
partnership and cooperative transparency between the United States and 
                                Ukraine.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2023

Mr. Fitzpatrick (for himself and Mr. Quigley) introduced the following 
      bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
 To establish officials and institutions for the strengthening of the 
partnership and cooperative transparency between the United States and 
                                Ukraine.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Partnership and Cooperative 
Transparency with Ukraine Act'' or the ``PACT with Ukraine Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Ukraine is a sovereign and independent state and is 
        endowed with the territorial integrity, privileges, and rights 
        of such a state under international law.
            (2) Since the collapse of the Union of Soviet Socialist 
        Republics (USSR) and subsequent formation of the Russian 
        Federation in 1991, associated Russian individuals, agents, and 
        state institutions have systematically sought to undermine, 
        threaten, jeopardize, and violate the sovereignty and 
        independence of Ukraine.
            (3) The Russian Federation has since 2014 and continues to 
        conduct an illegal, unprovoked, full-scale invasion and 
        occupation of multiple regions and areas of Ukraine.
            (4) Ukraine has and continues to resiliently resist the 
        Russian Federation's invasion and occupation, preventing the 
        Russian Federation from achieving its authoritarian and 
        despotic objectives of conquering Ukraine and oppressing the 
        Ukrainian people.
            (5) The armed forces committed by the Russian Federation to 
        invade and occupy Ukraine have and continue to violate 
        international law and human rights by perpetrating war crimes, 
        crimes against humanity, and other atrocities in Ukraine and 
        against the people of Ukraine.
            (6) The Russia Federation's invasion and occupation of 
        Ukraine has created humanitarian and economic crises with 
        local, regional, and international impact and as such, has 
        resulted in the necessity for the provision of aid and 
        assistance to Ukraine.
            (7) The United States, alongside our European allies and 
        partners, have committed substantial amounts of financial and 
        material aid to Ukraine in resounding support of its resistance 
        against the Russian Federation's invasion and occupation.
            (8) Congress has a responsibility to conduct oversight and 
        ensure accountability of all Federal appropriations, as well as 
        actions taken by the President and the Administration in the 
        course of expending Federal appropriations and the operation of 
        the Federal Government.
            (9) Cooperative transparency with regard to the financial 
        and material aid provided by the United States Government to 
        Ukraine is essential to the continuance of the strong 
        partnership between the United States and Ukraine, to the 
        defense and integrity of Ukraine as a sovereign and independent 
        state, and to ensure an end to the Russian Federation's 
        invasion and occupation of Ukraine.

SEC. 3. UNITED STATES SPECIAL ENVOY FOR PARTNERSHIP WITH UKRAINE.

    Title I of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a et seq.) is amended by adding at the end the following:

``SEC. 64. UNITED STATES SPECIAL ENVOY FOR PARTNERSHIP WITH UKRAINE.

    ``(a) In General.--There is established within the Department of 
State a Special Envoy for Partnership with Ukraine (in this section 
referred to as the `Special Envoy').
    ``(b) Nomination; Qualifications.--
            ``(1) Nomination.--The Special Envoy shall be appointed by 
        and report directly to the President.
            ``(2) Qualifications.--The Special Envoy should be an 
        individual with--
                    ``(A) detailed knowledge of the historical dynamics 
                between Ukraine and Russia; and
                    ``(B) detailed experience, expertise, or knowledge 
                in the fields of diplomacy, economics, or foreign 
                relations.
    ``(c) Duties.--The Special Envoy shall--
            ``(1) in support of the official diplomatic presence of the 
        United States in Ukraine, be responsible for maintaining and 
        bolstering the partnership between the people of Ukraine and 
        the people of the United States; and
            ``(2) serve as a primary advisor to the President on--
                    ``(A) matters relating to--
                            ``(i) preserving the culture and heritage 
                        of the Ukrainian people;
                            ``(ii) strengthening economic opportunity 
                        and prosperity in Ukraine;
                            ``(iii) strategizing post-conflict 
                        reconstruction in Ukraine;
                            ``(iv) encouraging resilience and 
                        accountability for Ukraine's governmental and 
                        societal institutions; and
                            ``(v) promoting peace; and
                    ``(B) such other matters that the President shall 
                determine necessary.
    ``(d) Rank and Status of Ambassador.--The Special Envoy shall have 
the rank of ambassador and shall hold the office at the pleasure of the 
President.''.

SEC. 4. COMMISSION ON COOPERATIVE TRANSPARENCY WITH UKRAINE.

    (a) In General.--There is established a commission to be known as 
the ``Commission on Cooperative Transparency with Ukraine'' (in this 
section referred to as the ``Commission'').
    (b) Purpose.--The purpose of the Commission shall be to maintain 
cooperative transparency with Ukraine by examining, evaluating, and 
investigating various aspects regarding financial and material aid that 
has and continues to be provided by the United States Government to 
Ukraine.
    (c) Membership.--
            (1) In general.--The Commission shall be composed of 10 
        voting members who shall be responsible for the business of the 
        Commission, and 4 non-voting members who shall act in a 
        strictly advisory capacity.
            (2) Voting members.--The voting members of the Commission 
        shall be appointed as follows:
                    (A) One member shall be appointed by the President 
                who shall serve as chair of the Commission.
                    (B) One member shall be appointed by the Speaker of 
                the House of Representatives who shall serve as vice 
                chairman of the Commission.
                    (C) Two members shall be appointed by the majority 
                leader of the House of Representatives.
                    (D) Two members shall be appointed by the minority 
                leader of the House of Representatives.
                    (E) Two members shall be appointed by the majority 
                leader of the Senate.
                    (F) Two members shall be appointed by the minority 
                leader of the Senate.
            (3) Non-voting members.--The non-voting members of the 
        Commission shall be appointed as follows:
                    (A) The United States Special Envoy for Ukraine 
                established under section 64 of the State Department 
                Basic Authorities Act of 1956 (as added by section 3).
                    (B) One member of the Office of the Inspector 
                General of the United States Agency for International 
                Development, designated by the Inspector General.
                    (C) One member of the Office of the Inspector 
                General of the Department of State, designated by the 
                Inspector General.
                    (D) One member of the Office of the Inspector 
                General of the Department of Defense, designated by the 
                Inspector General.
    (d) Qualifications.--
            (1) In general.--The voting members of the Commission 
        appointed under subsection (c)(1)--
                    (A) shall be individuals who are prominent United 
                States citizens with detailed experience, expertise, 
                and knowledge in defense, diplomacy, economics, ethics, 
                foreign relations, governmental oversight and reform, 
                or national intelligence and security; and
                    (B) may not be officers or employees of the Federal 
                Government or any State or local government.
            (2) Additional requirement.--Not more than five voting 
        members of the Commission shall be from the same political 
        party.
    (e) Deadline for Appointment.--All members of the Commission shall 
be appointed or designated not later than 90 days after the date of the 
enactment of this Act.
    (f) Duties.--The Commission shall--
            (1) examine the whole amount, type, and manner of financial 
        and material aid provided by the United States Government to 
        Ukraine;
            (2) evaluate the efficiency, effectiveness, delivery, and 
        impact of financial and material aid provided by the United 
        States Government to Ukraine and make recommendations for the 
        improved efficiency, effectiveness, delivery, and impact of 
        such aid; and
            (3) investigate any misuse, abuse, or theft of financial or 
        material aid provided by the United States Government to 
        Ukraine and make recommendations for the elimination of any 
        misuse, abuse, or theft of such aid.
    (g) Report.--The Commission shall--
            (1) submit to Congress and make available to the public on 
        a quarterly basis a report on the findings of the Commission; 
        and
            (2) upon request from any Member of Congress, provide to 
        such Member the findings of the Commission.
    (h) Powers of Commission.--
            (1) Subpoena power.--
                    (A) In general.--In carrying out this section, the 
                Commission may require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses and the 
                production of such books, records, correspondence, 
                memorandums, papers, and documents as the Commissions 
                deems necessary.
                    (B) Issuance.--A subpoena may be issued under this 
                paragraph subsection only by the agreement of the chair 
                and the vice chair of the Commission or by the 
                affirmative vote of six voting members of the 
                Commission.
                    (C) Service.--A subpoena may be served by any 
                person designated by chair of the Commission, in 
                consultation with the vice chair of the Commission, or 
                any such voting member of the Commission designated by 
                the chair in consultation with the vice chair.
            (2) Hearings and evidence.--The Commission, or on the 
        authority of the Commission, may for the purpose of carrying 
        out this section hold such hearings, sit and act at such times 
        and places, take testimony, and receive such evidence as the 
        Commission may deem advisable.
            (3) Oaths.--The chair of the Commission, the vice chair of 
        the Commission, or any voting member of the Commission 
        designated by the chair may administer oaths to any witness.
    (i) Operation of Commission.--
            (1) Initial meeting.--The Commission shall meet and begin 
        operations of the Commission as soon as practicable, but in any 
        case not later than 180 days after the date of the enactment of 
        this Act.
            (2) Quorum.--After its initial meeting, the Commission 
        shall meet upon the call of the chair or a majority of its 
        voting members. Six voting members of the Commission shall 
        constitute a quorum.
            (3) Vacancy.--Any vacancy in the Commission shall not 
        affect its powers but shall be filled in the same manner in 
        which the original appointment was made and within 90 days of 
        the vacancy.
    (j) Staff.--
            (1) In general.--Any Federal Government employee may be 
        detailed to the Commission without reimbursement from the 
        Commission, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (2) Experts and consultants.--The Commission may procure 
        the services of experts and consultants in accordance with 
        section 3109 of title 5, United States Code, at rates not to 
        exceed the daily equivalent of the annual rate of basic pay in 
        effect for a position at level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code.
    (k) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.
    (l) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commission, for the purpose of carrying out the 
activities and duties of this section, $5,000,000 for each fiscal years 
2024 through 2033.

SEC. 5. UKRAINE OVERSIGHT INTERAGENCY WORKING GROUP.

    (a) In General.--The President is hereby requested, and the Ukraine 
Oversight Interagency Working Group established within the United 
States Agency for the International Development is hereby directed, to 
submit to the appropriate congressional committees and leadership on a 
monthly basis a report on the combined efforts of the United States 
Government in its provision of direct and indirect financial and 
material aid to Ukraine.
    (b) Matters To Be Included.--The report required by subsection (a) 
shall include the following:
            (1) The whole amount, type, and manner of--
                    (A) financial and material aid--
                            (i) provided by the United States 
                        Government to Ukraine; and
                            (ii) expended and utilized, respectively, 
                        by Ukraine;
                    (B) material aid that has been damaged, 
                incapacitated, or destroyed in the course of normal 
                operations in Ukraine; and
                    (C) material aid provided to United States allies 
                for the purposes of replacing material aid provided by 
                such allies to Ukraine.
            (2) The amount of time between the date on which financial 
        and material aid was provided by the United States Government 
        to Ukraine and the date on which the financial and material aid 
        was expended and utilized, respectively.
            (3) Any and all verified reports of misuse, abuse, or theft 
        of financial or material aid provided by the United States 
        Government to Ukraine.
    (c) Form.--The report required by subsection (a) shall be submitted 
in an unclassified form, but may contain a classified annex.
    (d) Appropriate Congressional Committees and Leadership Defined.--
In this section, the term ``appropriate congressional committees and 
leadership'' means--
            (1) the Speaker and the minority leader of the House of 
        Representatives and the Committee on Appropriations, the 
        Committee on Armed Services, the Committee on Foreign Affairs, 
        and the Permanent Select Committee on Intelligence of the House 
        of Representatives; and
            (2) the majority leader and the minority leader of the 
        Senate and the Committee on Appropriations, the Committee on 
        Armed Services, the Committee on Foreign Relations, and the 
        Select Committee on Intelligence of the Senate.
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