Partnership and Cooperative Transparency with Ukraine Act or the PACT with Ukraine Act
This bill establishes the Special Envoy for Partnership with Ukraine and two entities to evaluate U.S. assistance to Ukraine.
The special advisor shall support the official U.S. diplomatic presence in Ukraine and be responsible for bolstering the U.S.-Ukraine relationship. The special envoy shall also serve as a primary advisor to the President on issues including (1) cultural preservation, (2) economic opportunity, (3) post-conflict reconstruction, and (4) promoting peace in Ukraine.
Next, the bill establishes the Commission on Cooperative Transparency with Ukraine. The commission is responsible for examining aspects of U.S. financial and material aid to Ukraine, including the effectiveness and any misuse or waste of such aid. The bill authorizes the commission to subpoena, take testimony, and collect evidence for carrying out its responsibilities. The commission must report to Congress on a quarterly basis.
Finally, the bill establishes the Ukraine Oversight Interagency Working Group within the U.S. Agency for International Development. The working group must report monthly to Congress about U.S. aid to Ukraine. Specifically, the report must detail how much aid was provided, the amount expended or destroyed, the amount used, the time elapsed between the receipt of aid and its expenditure, and instances of misuse.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
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