I 118th CONGRESS 1st Session H. R. 4994 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.

1. Short title This Act may be cited as the Partnership and Cooperative Transparency with Ukraine Act or the PACT with Ukraine Act . 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. 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: 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. . 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. 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.