II 

Calendar No. 49 

117TH CONGRESS 

1ST SESSION S. 814 

To promote security partnership with Ukraine, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17 (legislative day, MARCH 16), 2021 

Mr. RISCH (for himself, Mr. MENENDEZ, Mr. PORTMAN, Mr. MURPHY, Mr. 

BARRASSO, Mrs. SHAHEEN, and Mr. GRAHAM) introduced the following 

bill; which was read twice and referred to the Committee on Foreign Relations 

APRIL 26, 2021 

Reported by Mr. MENENDEZ, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To promote security partnership with Ukraine, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ukraine Security Part5 nership Act of 2021’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Throughout its history, Ukraine has experi4 enced several long periods of occupation. 

5 (2) Between 1919 and 1991, Ukraine was bru6 tally ruled by the Soviet Union, whose policy of agri7 cultural collectivization caused the Holodomor of 

8 1932–1933, a man-made famine that resulted in the 

9 death of at least 3,000,000 Ukrainians by starva10 tion. 

11 (3) During the Nazi occupation of Ukraine ac12 companying World War II— 

13 (A) approximately 3,500,000 Ukrainian ci14 vilians and 3,000,000 soldiers were killed; and 

15 (B) approximately 1,500,000 Jews were 

16 massacred. 

17 (4) Ukraine declared its independence from 

18 Moscow in 1991, after the collapse of the Soviet 

19 Union. 

20 (5) In the 1994 Budapest Memorandum, the 

21 Russian Federation, the United States, and the 

22 United Kingdom pledged to ‘‘respect the independ23 ence and sovereignty and the existing borders of 

24 Ukraine’’ and ‘‘refrain from the threat or use of 

25 force against the territorial integrity or political 


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1 independence of Ukraine’’ in exchange for Ukraine’s 

2 surrender of its nuclear arsenal. 

3 (6) From November 2004 through January 

4 2005, thousands of Ukrainians took to the streets to 

5 peacefully protest electoral fraud and widespread 

6 corruption by the ruling elite in the 2004 Presi7 dential election, successfully triggering a re-vote, in 

8 what became known as the Orange Revolution. 

9 (7) During Ukraine’s 2014 Revolution of Dig10 nity, or Euromaidan, the pro-Russian government of 

11 President Viktor Yanukovych was forced to resign 

12 after thousands of Ukrainians peacefully protested 

13 Yanukovych’s decision to reject a closer relationship 

14 with the European Union and his continued systemic 

15 corruption, and over 100 of those protestors were 

16 killed by violent government suppression. 

17 (8) Fearful of Ukraine’s strengthened pro18 Western orientation after the Revolution of Dignity, 

19 the Government of the Russian Federation, in viola20 tion of international law and in contravention of its 

21 commitments in the Budapest Memorandum— 

22 (A) sent undisclosed military personnel 

23 into Ukraine’s Autonomous Republic of Crimea 

24 in February 2014 and has illegally occupied the 

25 Crimean Peninsula for the past six years; 


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1 (B) sent covert, unmarked military per2 sonnel into the Ukrainian regions of Donetsk 

3 and Luhansk in April 2014, instigating and 

4 supporting a still-ongoing conflict that has cost 

5 nearly 14,000 lives; and 

6 (C) provided the Buk missile system used 

7 by those Russia-backed forces to shoot down 

8 Malaysian Airlines Flight 17 over eastern 

9 Ukraine in July 2014, killing all 298 pas10 sengers and crew on board. 

11 (9) Under Russian control, Crimean authorities 

12 have kidnapped, imprisoned, and tortured Crimean 

13 Tatars, opposition figures, activists, and other mi14 nority populations, and have persecuted religious mi15 norities by pressing false charges of terrorism and 

16 deregistering religious centers. 

17 (10) In September 2014, in an attempt to stop 

18 the fighting that the Russian Federation had initi19 ated in eastern Ukraine, France, Germany, Ukraine, 

20 the Russian Federation, the Organization for Secu21 rity and Cooperation (OSCE), and Russia-backed 

22 forces from eastern Ukraine signed the Minsk Pro23 tocol. 

24 (11) In February 2015, after the failure of the 

25 initial Minsk Protocol, the Russian Federation comVerDate Sep 11 2014 23:29 Apr 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S814.RS S814

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1 mitted to the Minsk II Agreement, the roadmap for 

2 resolving the conflict in eastern Ukraine, signed by 

3 the Governments of Ukraine, Russia, France, and 

4 Germany. 

5 (12) Despite these agreements, the Government 

6 of the Russian Federation continues to violate 

7 Ukrainian sovereignty through— 

8 (A) manipulation of Ukraine’s dependence 

9 on Russian natural gas, including cutting off 

10 access in 2014, which deprived Ukraine of its 

11 energy supply and transit fees; 

12 (B) espionage and clandestine assassina13 tions on Ukrainian territory; 

14 (C) continuous cyber warfare against the 

15 Government of Ukraine and Ukrainian busi16 nesses, such as the NotPetya hack in 2017; and 

17 (D) seizure of Ukrainian property and citi18 zens, including the November 2018 seizure in 

19 the Kerch Strait of three Ukrainian naval ves20 sels and 24 Ukrainian officers on board those 

21 vessels. 

22 (13) In July 2018, Secretary of State Michael 

23 R. Pompeo issued the Crimea Declaration and reit24 erated in February 2020 on the sixth anniversary of 


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1 Russia’s illegal occupation that ‘‘Crimea is 

2 Ukraine’’. 

3 (14) On February 26, 2021, President Joseph 

4 R. Biden confirmed that Crimea is Ukraine and the 

5 United States does not and will never recognize Rus6 sia’s purported annexation of the peninsula. 

7 (15) Since April 2014, at least 4,100 Ukrainian 

8 soldiers have died fighting for their country against 

9 the Russian Federation and Russia-backed forces, 

10 while no less than 3,361 civilians have perished as 

11 a result of that fighting. 

12 (16) Despite Ukraine’s tumultuous history and 

13 neighborhood, in under 30 years it has risen from 

14 the collapse of the Soviet Union to become a devel15 oping democracy, steadily working to overcome its 

16 Soviet legacy of oppression, oligarchic control, and 

17 corruption. 

18 (17) Running on a strong anti-corruption plat19 form, Volodymyr Zelensky won the 2019 presidential 

20 election with 73 percent of the vote, and his political 

21 party, Servant of the People, won a parliamentary 

22 majority in the Ukrainian parliament. 

23 (18) The OSCE confirmed the 2019 elections 

24 were ‘‘competitive and fundamental freedoms were 

25 generally respected’’. 


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1 (19) Since 2014, the Government of Ukraine 

2 has made difficult and substantial reforms in an ef3 fort to address corruption and more closely align 

4 with the West, such as slimming and decentralizing 

5 its bureaucracy, removing immunity from prosecu6 tion for Members of Parliament, reforming its gas, 

7 pension, and procurement systems, and working to 

8 adapt its military to the standards of the North At9 lantic Treaty Organization (NATO). 

10 (20) Despite progress in reforming many areas 

11 of Ukrainian governance, serious issues still remain, 

12 particularly in the areas of corruption and rule of 

13 law. 

14 (21) The United States Government has con15 sistently supported Ukraine’s democratic transition 

16 and its fight against Russia-backed forces by assist17 ing its governance reform efforts, maintaining ro18 bust and coordinated sanctions against the Russian 

19 Federation alongside the European Union, and pro20 viding the Ukrainian military with training and 

21 equipment, including lethal defensive weaponry. 

22 (22) In addition to the United States, the Eu23 ropean Union, European countries, and Canada have 

24 provided substantial diplomatic, monetary, and mili25 tary support for Ukraine’s democratic transition and 


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1 its fight against Russia-backed forces in eastern 

2 Ukraine, and also have implemented and maintained 

3 robust sanctions regimes against the Russian Fed4 eration for its illegal occupation of Crimea and its 

5 active destabilization of Ukraine. 

6 (23) the Government of Ukraine has steadfastly 

7 supported the United States and European allies by 

8 deploying troops to Iraq, Afghanistan, and NATO’s 

9 Kosovo Force (KFOR), allowing United States mili10 tary planes to refuel on Ukrainian soil, and trading 

11 billions of dollars’ worth of goods and services with 

12 the United States. 

13 (24) NATO has recently decided to include 

14 Ukraine in its Enhanced Opportunities Partnership 

15 in recognition of Ukraine’s contributions to NATO 

16 missions and efforts to reform its military in line 

17 with NATO standards. 

18 (25) Since the Russian Federation’s 2014 inva19 sion of Ukraine, the United States Congress has 

20 demonstrated its support for Ukraine through the 

21 passage of legislation, including the Support for the 

22 Sovereignty, Integrity, Democracy, and Economic 

23 Stability of Ukraine Act of 2014 (Public Law 113– 

24 95; 22 U.S.C. 8901 et seq.), the Ukraine Freedom 

25 Support Act (Public Law 113–272; 22 U.S.C. 8921 


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1 et seq.), the Ukraine Security Assistance Initiative 

2 established under section 1250 of the National De3 fense Authorization Act for Fiscal Year 2016 (Pub4 lic Law 114–92; 129 Stat. 1068), the Countering 

5 America’s Adversaries Through Sanctions Act (Pub6 lic Law 115–44), and the Protecting Europe’s En7 ergy Security Act of 2019 (Public Law 116–92, title 

8 LXXV), and the United States Congress continues 

9 to demonstrate strong support for assisting Ukraine 

10 in defending itself and deterring Russia. 

11 SEC. 3. SENSE OF CONGRESS. 

12 It is the sense of Congress that— 

13 (1) Ukraine stands as a bulwark against the 

14 malign influence of the Russian Federation in Eu15 rope, and robust United States support for Ukraine 

16 is vital to United States national security and dem17 onstrates the commitment of the United States to 

18 upholding a free and open international order; 

19 (2) since Ukraine’s independence in 1991, the 

20 Government and people of Ukraine have made sig21 nificant strides towards improved governance, rule of 

22 law, anti-corruption measures, and economic re23 forms; 

24 (3) Ukraine’s long-term viability is directly con25 nected to its efforts to reduce corruption and build 


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1 strong democratic institutions that are able to de2 fend against internal and external corrupt actors; 

3 (4) the efforts and sacrifices of Ukrainian citi4 zens to determine their own fate after centuries of 

5 oppression, through democratic representation and 

6 governance reforms, is evidence of that country’s 

7 dedication to a free, independent, and democratic fu8 ture; 

9 (5) Ukraine has proven itself to be a valuable 

10 security partner of the United States, not simply a 

11 recipient of assistance; 

12 (6) it is in the national security interests of the 

13 United States to continue and deepen its security 

14 partnership with Ukraine, including through the 

15 provision of both lethal and non-lethal assistance; 

16 (7) the United States should continue to place 

17 policy-based conditions on Ukraine’s receipt of finan18 cial and military assistance, as that mechanism has 

19 proven effective in incentivizing reforms in Ukraine; 

20 (8) the United States should use its voice and 

21 vote at NATO to encourage the adoption of a policy 

22 by the Alliance that all of its member states will 

23 refuse to recognize the illegal attempted annexation 

24 of Crimea by the Russian Federation; 


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1 (9) the United States should continue to bolster 

2 the capacity of the Ukrainian Navy as it strives to 

3 fulfill the goals it set out in its ‘‘Strategy of the 

4 Naval Forces of the Armed Forces of Ukraine 

5 2035’’; 

6 (10) the military-focused technical, training, 

7 maintenance, and logistical assistance provided by 

8 the United States to Ukraine is as essential as the 

9 military hardware provided to the country; 

10 (11) all security assistance provided to Ukraine 

11 should continue to be subject to rigorous vetting re12 quirements under section 620M of the Foreign As13 sistance Act of 1961 (22 U.S.C. 2378d) and security 

14 cooperation under section 362 of title 10, United 

15 States Code, including assistance provided to units 

16 in the National Guard of Ukraine as well as all units 

17 falling under the authority of the Ministry of De18 fense; 

19 (12) the Office of Defense Cooperation at the 

20 United States Embassy in Ukraine should be fully 

21 staffed with officers who serve three-year terms in 

22 order to administer the security assistance being 

23 provided to the country; 

24 (13) the Secretary of Defense should conduct 

25 an assessment of the staffing resources of the Office 


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1 of Defense Cooperation and strongly consider pro2 viding additional staff to the Office of Defense Co3 operation in Ukraine; 

4 (14) the enduring partnership between the 

5 United States and Ukraine, including bipartisan 

6 support for a sovereign, democratic, and whole 

7 Ukraine through political, monetary, and military 

8 assistance, remains strong and must continue to be 

9 reaffirmed; and 

10 (15) the United States should continue to 

11 strongly support Ukraine’s ambitions to join the 

12 Euro-Atlantic community of democracies. 

13 SEC. 4. STATEMENT OF POLICY. 

14 It is the policy of the United States— 

15 (1) to refuse to recognize the attempted annex16 ation of Crimea by the Russian Federation, an ac17 tion that was taken in contravention of international 

18 law; 

19 (2) to utilize existing sanctions and other au20 thorities to deter malign actions by the Russian Fed21 eration in Ukraine, including the mandates and au22 thorities codified by the Countering America’s Ad23 versaries Through Sanctions Act (Public Law 115– 

24 44); 


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1 (3) to work with our European allies to coordi2 nate strategies to curtail Russian malign influence in 

3 Ukraine; and 

4 (4) to support democratic, economic, and anti5 corruption reforms in Ukraine and the country’s in6 tegration into Euro-Atlantic institutions. 

7 SEC. 5. STRATEGY ON UNITED STATES DIPLOMATIC SUP8 PORT FOR UKRAINE. 

9 (a) IN GENERAL.—Not later than 90 days after the 

10 date of the enactment of this Act, the Secretary of State 

11 shall submit to the appropriate congressional committees 

12 a report with a strategy on how the United States will 

13 work to diplomatically support Ukraine during fiscal years 

14 2022 through 2026. 

15 (b) ELEMENTS.—The report required under sub16 section (a) shall include the following elements: 

17 (1) A description of how relevant departments 

18 and agencies of the United States Government will 

19 work together to collectively support efforts by the 

20 Government of Ukraine to deter Russian aggression 

21 in the form of military incursions, cyber attacks, the 

22 coercive use of energy resources, use of 

23 passportization, and efforts to corrupt the Ukrainian 

24 political and economic systems. 


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1 (2) A description of the United States current 

2 efforts and strategy to support Ukrainian diplomatic 

3 initiatives when they align with United States inter4 ests. 

5 (3) A strategy on how the United States will 

6 use its voice and vote at the United Nations, OSCE, 

7 Council of Europe, NATO, and other relevant inter8 national bodies to support Ukraine and its reform 

9 efforts. 

10 (4) A strategy on how the United States will 

11 assist Ukraine in bolstering its diplomatic, economic, 

12 energy, and maritime relationships with key Black 

13 Sea countries, including Bulgaria, Romania, Turkey, 

14 and Georgia. 

15 (5) A strategy on how the United States will 

16 engage with Germany, France, Ukraine, and Russia 

17 to advance the Normandy Format and Minsk Agree18 ments. 

19 (6) A strategy on how the United States will 

20 work with allies to continue to engage Ukraine to 

21 ensure meaningful progress on democratic, eco22 nomic, and anti-corruption reforms. 

23 (c) FORM.—The report required under subsection (a) 

24 shall be submitted in unclassified form, but may contain 

25 a classified annex. 


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1 SEC. 6. UNITED STATES-EUROPE WORKING GROUP ON 

2 UKRAINE. 

3 (a) IN GENERAL.—The Secretary of State should 

4 seek to establish a United States-Europe Working Group 

5 on Ukraine. 

6 (b) REPRESENTATION.—The United States-Europe 

7 Working Group on Ukraine should include high-level rep8 resentatives from the European Union, its institutions, 

9 and relevant European governments, as appropriate, to 

10 jointly prioritize, evaluate and coordinate economic and 

11 policy reform assistance and support for Ukraine. 

12 (c) TERMINATION.—The authorities authorized 

13 under this section shall terminate on September 30 of the 

14 fifth fiscal year beginning after the date of the enactment 

15 of this Act. 

16 SEC. 7. SPECIAL ENVOY FOR UKRAINE. 

17 (a) ESTABLISHMENT.—The President should ap18 point, by and with the consent of the Senate, a Special 

19 Envoy for Ukraine, who should report to the Assistant 

20 Secretary of State for Europe and Eurasia. 

21 (b) RANK.—The Special Envoy for Ukraine shall 

22 have the rank and status of ambassador. 

23 (c) RESPONSIBILITIES.—The Special Envoy for 

24 Ukraine should— 

25 (1) serve as the United States liaison to the 

26 Normandy Format, tasked with leading the peace 


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1 process between Ukraine and the Russian Federa2 tion; 

3 (2) facilitate diplomatic outreach to and dia4 logue with countries in the Black Sea region that, 

5 like Ukraine, are faced with the impact of Russia’s 

6 growing militarization of the Sea; 

7 (3) coordinate closely with the Chief of Mission 

8 in Ukraine; 

9 (4) coordinate with the United States-Europe 

10 Working Group on Ukraine established pursuant to 

11 section 6; 

12 (5) coordinate with the OSCE Special Moni13 toring Mission to Ukraine; and 

14 (6) provide the Committee on Foreign Relations 

15 of the Senate and the Committee on Foreign Affairs 

16 of the House of Representatives regular updates and 

17 briefings on the status of peace negotiations. 

18 (d) TERMINATION.—The Special Envoy for Ukraine 

19 position authorized under subsection (a) shall terminate 

20 5 years after the date of the enactment of this Act. 

21 SEC. 8. FOREIGN MILITARY FINANCING. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated for the Department of State 

24 for each of fiscal years 2022 through 2026 $300,000,000 


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1 for Foreign Military Financing (FMF) assistance to 

2 Ukraine to assist the country in meeting its defense needs. 

3 (b) AVAILABILITY OF FUNDS.— 

4 (1) IN GENERAL.—Of the amount authorized to 

5 be appropriated for each fiscal year pursuant to sub6 section (a), not more than $150,000,000 shall be 

7 made available until the Secretary of State makes 

8 the certification described in paragraph (2) for such 

9 fiscal year, including a detailed explanation justi10 fying the certification with respect to each of the 

11 categories listed in subparagraphs (A) through (G) 

12 of such paragraph. The certification shall be sub13 mitted to the appropriate congressional committees 

14 in unclassified form, but may contain a classified 

15 annex. 

16 (2) CERTIFICATION.—The certification de17 scribed in this paragraph is a certification by the 

18 Secretary of State, in coordination with the Sec19 retary of Defense, that the Government of Ukraine 

20 has taken actions to— 

21 (A) make defense institutional reforms, in 

22 accordance with NATO standards; 

23 (B) further strengthen civilian control of 

24 the military; 


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1 (C) reform its state-owned arms produc2 tion sector; 

3 (D) increase transparency and account4 ability in defense procurement; 

5 (E) respect Verkhovna Rada efforts to ex6 ercise oversight of the Ministry of Defense and 

7 military forces; and 

8 (F) promote respect for the observation of 

9 human rights as enshrined in the requirements 

10 of section 620M of the Foreign Assistance Act 

11 of 1961 (22 U.S.C. 2378d) within the security 

12 forces of Ukraine. 

13 (c) NOTICE TO CONGRESS.—Not later than 15 days 

14 before providing assistance or support under pursuant to 

15 subsection (a), the Secretary of State shall submit to the 

16 appropriate congressional committees a notification con17 taining the following: 

18 (1) A detailed description of the assistance or 

19 support to be provided, including— 

20 (A) the objectives of such assistance or 

21 support; 

22 (B) the budget for such assistance or sup23 port; and 

24 (C) the expected or estimated timeline for 

25 delivery of such assistance or support. 


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1 (2) A description of such other matters as the 

2 Secretary considers appropriate. 

3 (d) SENSE OF CONGRESS.—It is the sense of Con4 gress that assistance provided under this section should— 

5 (1) prioritize the procurement of vessels for the 

6 Ukrainian Navy and other articles that bolster the 

7 capacity of the Ukrainian Navy to counter Russian 

8 maritime aggression and maintain the freedom of in9 nocent passage throughout the Black Sea; and 

10 (2) ensure adequate planning for maintenance 

11 for any equipment provided. 

12 (e) AUTHORITY TO PROVIDE LETHAL ASSIST13 ANCE.—The Secretary of State is authorized to provide 

14 lethal assistance under this section, including anti-armor 

15 weapon systems, mortars, crew-served weapons and am16 munition, grenade launchers and ammunition, anti-tank 

17 weapons systems, anti-ship weapons systems, anti-aircraft 

18 weapons systems, and small arms and ammunition. 

19 (f) TRANSFER AUTHORITY.—The Secretary of De20 fense may transfer amounts appropriated or otherwise 

21 made available for assistance under section 333 of title 

22 10, United States Code, to the Department of State to 

23 be made available for Foreign Military Finance assistance 

24 to Ukraine. 


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1 SEC. 9. EXPEDITED EXCESS DEFENSE ARTICLES TRANSFER 

2 PROGRAM. 

3 During fiscal years 2022 through 2026, the delivery 

4 of excess defense articles to Ukraine shall be given the 

5 same priority as that given other countries and regions 

6 under section 516(c)(2) of the Foreign Assistance Act of 

7 1961 (22 U.S.C. 2321j(c)(2)). 

8 SEC. 10. STRATEGY ON EXCESS DEFENSE ARTICLES FROM 

9 ALLIES. 

10 (a) IN GENERAL.—Not later than 90 days after the 

11 date of the enactment of this Act, the Secretary of State 

12 in consultation with the Secretary of Defense, shall submit 

13 to the appropriate congressional committees a classified 

14 strategy on how the United States will encourage third 

15 countries to donate excess defense equipment to Ukraine. 

16 (b) ELEMENTS.—The report required under sub17 section (a) shall include the following elements: 

18 (1) A listing of all friendly and allied nations 

19 that have excess defense material that may be com20 patible with the needs and systems utilized by the 

21 Armed Forces of Ukraine. 

22 (2) A description of the diplomatic efforts un23 dertaken by the United States Government to en24 courage allied nations to donate their excess defense 

25 articles to Ukraine on an expedited basis. 


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1 SEC. 11. IMET COOPERATION WITH UKRAINE. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

3 authorized to be appropriated to the Department of State 

4 $4,000,000 for each of fiscal years 2022 through 2026 

5 for International Military Education and Training 

6 (IMET) assistance for Ukraine. The assistance shall be 

7 made available for the following purposes: 

8 (1) Training of future leaders. 

9 (2) Fostering a better understanding of the 

10 United States. 

11 (3) Establishing a rapport between the United 

12 States Armed Forces and Ukraine’s military to build 

13 partnerships for the future. 

14 (4) Enhancement of interoperability and capa15 bilities for joint operations. 

16 (5) Focusing on professional military education, 

17 civilian control of the military, and human rights. 

18 (b) AVAILABILITY OF FUNDS.— 

19 (1) IN GENERAL.—Of the amount authorized to 

20 be appropriated for each fiscal year pursuant to sub21 section (a), not more than $3,000,000 may be made 

22 available until the Secretary of State, in consultation 

23 with the Secretary of Defense, makes the certifi24 cation described in paragraph (2) to the Committee 

25 on Foreign Relations of the Senate and the Foreign 

26 Affairs Committee of the House of Representatives, 


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1 including a detailed explanation justifying the cer2 tification with respect to each of the categories listed 

3 in subparagraphs (A) through (G) of such para4 graph. The certification shall be submitted to the 

5 appropriate congressional committees in unclassified 

6 form, but may contain a classified annex. 

7 (2) CERTIFICATION.—The certification de8 scribed in this paragraph is a certification by the 

9 Secretary of State, in coordination with the Sec10 retary of Defense, that the Government of Ukraine 

11 has taken actions to— 

12 (A) make defense institutional reforms, in 

13 accordance with NATO standards; 

14 (B) further strengthen civilian control of 

15 the military; 

16 (C) reform its state-owned arms produc17 tion sector; 

18 (D) increase transparency and account19 ability in defense procurement; 

20 (E) respect Verkhovna Rada efforts to ex21 ercise oversight of the Ministry of Defense and 

22 military forces; and 

23 (F) promote respect for the observation of 

24 human rights as enshrined in the requirements 

25 of section 620M of the Foreign Assistance Act 


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1 of 1961 (22 U.S.C. 2378d) within the security 

2 forces of Ukraine. 

3 (c) NOTICE TO CONGRESS.—Not later than 15 days 

4 before providing assistance or support pursuant to sub5 section (a), the Secretary of State shall submit to the 

6 Committee on Foreign Relations of the Senate and the 

7 Committee on Foreign Affairs of the House of Representa8 tives a notification containing the following elements: 

9 (1) A detailed description of the assistance or 

10 support to be provided, including— 

11 (A) the objectives of such assistance or 

12 support; 

13 (B) the budget for such assistance or sup14 port; and 

15 (C) the expected or estimated timeline for 

16 delivery of such assistance or support. 

17 (2) A description of such other matters as the 

18 Secretary considers appropriate. 

19 SEC. 12. STRATEGY ON IMET PROGRAMMING IN UKRAINE. 

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that the Government of Ukraine should fully utilize 

22 the United States IMET program, encourage eligible offi23 cers and civilian leaders to participate in the training, and 

24 promote successful graduates to positions of prominence 

25 in the Ukrainian Armed Forces. 


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1 (b) IN GENERAL.—Not later than 180 days after the 

2 date of the enactment of this Act, the Secretary of State 

3 shall submit to the appropriate congressional committees 

4 a strategy for the implementation of the IMET program 

5 in Ukraine authorized under section 11. 

6 (c) ELEMENTS.—The strategy required under sub7 section (a) shall include the following elements: 

8 (1) A clear plan, developed in close consultation 

9 with the Ukrainian Ministry of Defense and the 

10 Armed Forces of Ukraine, for how the IMET pro11 gram will be used by the United States Government 

12 and the Government of Ukraine to propel program 

13 graduates to positions of prominence in support of 

14 the Ukrainian military’s reform efforts in line with 

15 NATO standards. 

16 (2) An assessment of the education and train17 ing requirements of the Ukrainian military and clear 

18 recommendations for how IMET graduates should 

19 be assigned by the Ukrainian Ministry of Defense 

20 upon completion of education or training. 

21 (3) An accounting of the current combat re22 quirements of the Ukrainian military and an assess23 ment of the viability of alternative mobile training 

24 teams, distributed learning, and other flexible solu25 tions to reach such students. 


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1 (4) An identification of opportunities to influ2 ence the next generation of leaders through attend3 ance at United States staff and war colleges, junior 

4 leader development programs, and technical schools. 

5 (d) FORM.—The strategy required under subsection 

6 (a) shall be submitted in unclassified form, but may con7 tain a classified annex. 

8 SEC. 13. SENSE OF CONGRESS ON LOAN PROGRAM. 

9 It is the sense of Congress that— 

10 (1) as appropriate, the United States Govern11 ment should provide direct loans to Ukraine for the 

12 procurement of defense articles, defense services, 

13 and design and construction services pursuant to the 

14 authority of section 23 of the Arms Export Control 

15 Act (22 U.S.C. 2763) to support the further devel16 opment of Ukraine’s military forces; and 

17 (2) such loans should be considered an additive 

18 security assistance tool, and not a substitute for 

19 Foreign Military Financing for grant assistance or 

20 Ukraine Security Assistance Initiative programming. 

21 SEC. 14. STRATEGY TO PROTECT UKRAINE’S DEFENSE IN22 DUSTRY FROM STRATEGIC COMPETITORS. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that the United States should work with the Govern25 ment of Ukraine to ensure strategic assets and companies 


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1 in Ukraine’s defense industry are not subject to foreign 

2 ownership, control, or undue influence by strategic com3 petitors to the United States, such as the People’s Repub4 lic of China (PRC). 

5 (b) STRATEGY REQUIRED.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the date of the enactment of this Act, the Sec8 retary of Defense and the Secretary of State shall 

9 jointly submit to the appropriate committees of Con10 gress a strategy to support Ukraine in protecting its 

11 defense industry from predatory investments. 

12 (2) ELEMENTS.—The strategy required under 

13 paragraph (1) shall include the following elements: 

14 (A) A description of the efforts by stra15 tegic competitors, such as the PRC, to acquire 

16 strategic assets and companies in Ukraine’s de17 fense industry in a predatory manner and the 

18 national security implications for Ukraine, the 

19 United States, and other NATO allies and part20 ners. 

21 (B) A description of vulnerable strategic 

22 assets and companies in Ukraine’s defense in23 dustry that would benefit from foreign invest24 ments and joint ventures. 


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1 (C) A description of the reforms to 

2 Ukraine’s defense industry and export controls 

3 that are necessary to incentivize Western in4 vestments in them. 

5 (D) A strategy to promote, as appropriate, 

6 United States direct investment in and joint 

7 ventures with strategic companies in Ukraine’s 

8 defense industry to provide an alternative to 

9 PRC investments, and to engage like-minded al10 lies and partners on these efforts. 

11 (3) FORM.—The strategy required under para12 graph (1) shall be submitted in classified form. 

13 (c) APPROPRIATE COMMITTEES OF CONGRESS DE14 FINED.—In this section, the term ‘‘appropriate commit15 tees of Congress’’ means— 

16 (1) the Committee on Foreign Relations and 

17 the Committee on Armed Services of the Senate; and 

18 (2) the Committee on Foreign Affairs and the 

19 Committee on Armed Services of the House of Rep20 resentatives. 

21 SEC. 15. APPROPRIATE CONGRESSIONAL COMMITTEES. 

22 In this Act, the term ‘‘appropriate congressional com23 mittees’’ means— 

24 (1) the Committee on Foreign Relations and 

25 the Committee on Appropriations of the Senate; and 


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1 (2) the Committee on Foreign Affairs and the 

2 Committee on Appropriations of the House of Rep3 resentatives. 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘Ukraine Security Part6 nership Act of 2021’’. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 

9 (1) Throughout its history, Ukraine has experi10 enced several long periods of occupation. 

11 (2) Between 1919 and 1991, Ukraine was bru12 tally ruled by the Soviet Union, whose policy of agri13 cultural collectivization caused the Holodomor of 

14 1932–1933, a man-made famine that resulted in the 

15 death of at least 3,000,000 Ukrainians by starvation. 

16 (3) During the Nazi occupation of Ukraine ac17 companying World War II— 

18 (A) approximately 3,500,000 Ukrainian ci19 vilians and 3,000,000 soldiers were killed; and 

20 (B) approximately 1,500,000 Jews were 

21 massacred. 

22 (4) Ukraine declared its independence from Mos23 cow in 1991, after the collapse of the Soviet Union. 

24 (5) In the 1994 Budapest Memorandum, the 

25 Russian Federation, the United States, and the 


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1 United Kingdom pledged to ‘‘respect the independence 

2 and sovereignty and the existing borders of Ukraine’’ 

3 and ‘‘refrain from the threat or use of force against 

4 the territorial integrity or political independence of 

5 Ukraine’’ in exchange for Ukraine’s surrender of its 

6 nuclear arsenal. 

7 (6) From November 2004 through January 2005, 

8 thousands of Ukrainians took to the streets to peace9 fully protest electoral fraud and widespread corrup10 tion by the ruling elite in the 2004 Presidential elec11 tion, successfully triggering a re-vote, in what became 

12 known as the Orange Revolution. 

13 (7) During Ukraine’s 2014 Revolution of Dig14 nity, or Euromaidan, the pro-Russian government of 

15 President Viktor Yanukovych was forced to resign 

16 after thousands of Ukrainians peacefully protested 

17 Yanukovych’s decision to reject a closer relationship 

18 with the European Union and his continued systemic 

19 corruption, and over 100 of those protestors were 

20 killed by violent government suppression. 

21 (8) Fearful of Ukraine’s strengthened pro-West22 ern orientation after the Revolution of Dignity, the 

23 Government of the Russian Federation, in violation of 

24 international law and in contravention of its commit25 ments in the Budapest Memorandum— 


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1 (A) sent undisclosed military personnel into 

2 Ukraine’s Autonomous Republic of Crimea in 

3 February 2014 and has illegally occupied the 

4 Crimean Peninsula for the past seven years; 

5 (B) sent covert, unmarked military per6 sonnel into the Ukrainian regions of Donetsk 

7 and Luhansk in April 2014, instigating and 

8 supporting a still-ongoing conflict that has cost 

9 nearly 14,000 lives; and 

10 (C) provided the Buk missile system used by 

11 those Russia-led forces to shoot down Malaysian 

12 Airlines Flight 17 over eastern Ukraine in July 

13 2014, killing all 298 passengers and crew on 

14 board; 

15 (9) Under Russian control, Crimean authorities 

16 have kidnapped, imprisoned, and tortured Crimean 

17 Tatars, opposition figures, activists, and other minor18 ity populations, and have persecuted religious mi19 norities by pressing false charges of terrorism and 

20 deregistering religious centers. 

21 (10) In September 2014, in an attempt to stop 

22 the fighting that the Russian Federation had initiated 

23 in eastern Ukraine, France, Germany, Ukraine, the 

24 Russian Federation, the Organization for Security 


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1 and Cooperation (OSCE), and Russia-led forces from 

2 eastern Ukraine signed the Minsk Protocol. 

3 (11) In February 2015, after the failure of the 

4 initial Minsk Protocol, the Russian Federation com5 mitted to the Minsk II Agreement, the roadmap for 

6 resolving the conflict in eastern Ukraine, signed by 

7 the Governments of Ukraine, Russia, France, and 

8 Germany. 

9 (12) Despite these agreements, the Government of 

10 the Russian Federation continues to violate Ukrain11 ian sovereignty through— 

12 (A) manipulation of Ukraine’s dependence 

13 on Russian natural gas, including cutting off ac14 cess in 2014, which deprived Ukraine of its en15 ergy supply and transit fees; 

16 (B) espionage and clandestine assassina17 tions on Ukrainian territory; 

18 (C) continuous cyber warfare against the 

19 Government of Ukraine and Ukrainian busi20 nesses, such as the NotPetya hack in 2017; and 

21 (D) seizure of Ukrainian property and citi22 zens, including the November 2018 seizure in the 

23 Kerch Strait of three Ukrainian naval vessels 

24 and 24 Ukrainian officers on board those vessels. 


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1 (13) In July 2018, Secretary of State Michael R. 

2 Pompeo issued the Crimea Declaration and reiterated 

3 in February 2020 on the sixth anniversary of Rus4 sia’s illegal occupation that ‘‘Crimea is Ukraine’’. 

5 (14) On February 26, 2021 President Joseph R. 

6 Biden confirmed that Crimea is Ukraine and the 

7 United States does not and will never recognize Rus8 sia’s purported annexation of the peninsula. 

9 (15) Since April 2014, at least 4,100 Ukrainian 

10 soldiers have died fighting for their country against 

11 the Russian Federation and Russia-led forces, while 

12 no less than 3,361 civilians have perished as a result 

13 of that fighting. 

14 (16) Despite Ukraine’s tumultuous history and 

15 neighborhood, in under 30 years it has risen from the 

16 collapse of the Soviet Union to become a developing 

17 democracy, steadily working to overcome its Soviet 

18 legacy of oppression, oligarchic control, and corrup19 tion. 

20 (17) Running on a strong anti-corruption plat21 form, Volodymyr Zelensky won the 2019 presidential 

22 election with 73 percent of the vote, and his political 

23 party, Servant of the People, won a parliamentary 

24 majority in the Ukrainian parliament. 


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1 (18) The OSCE confirmed the 2019 elections 

2 were ‘‘competitive and fundamental freedoms were 

3 generally respected’’. 

4 (19) In March and April 2021, the Russian Fed5 eration amassed over 75,000 troops on its border with 

6 the Eastern Ukraine and in the occupied territory of 

7 Crimea. 

8 (20) Since 2014, the Government of Ukraine has 

9 made difficult and substantial reforms in an effort to 

10 address corruption and more closely align with the 

11 West, such as slimming and decentralizing its bu12 reaucracy, removing immunity from prosecution for 

13 Members of Parliament, reforming its gas, pension, 

14 and procurement systems, and working to adapt its 

15 military to the standards of the North Atlantic Trea16 ty Organization (NATO). 

17 (21) Despite progress in reforming many areas 

18 of Ukrainian governance, serious issues still remain, 

19 particularly in the areas of corruption and rule of 

20 law. 

21 (22) The United States Government has consist22 ently supported Ukraine’s democratic transition and 

23 its fight against Russia-led forces by assisting its gov24 ernance reform efforts, maintaining robust and co25 ordinated sanctions against the Russian Federation 


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1 alongside the European Union, and providing the 

2 Ukrainian military with training and equipment, in3 cluding lethal defensive weaponry. 

4 (23) In addition to the United States, the Euro5 pean Union, European countries, and Canada have 

6 provided substantial diplomatic, monetary, and mili7 tary support for Ukraine’s democratic transition and 

8 its fight against Russia-led forces in eastern Ukraine, 

9 and also have implemented and maintained robust 

10 sanctions regimes against the Russian Federation for 

11 its illegal occupation of Crimea and its active desta12 bilization of Ukraine. 

13 (24) the Government of Ukraine has steadfastly 

14 supported the United States and European allies by 

15 deploying troops to Iraq, Afghanistan, and NATO’s 

16 Kosovo Force (KFOR), allowing United States mili17 tary planes to refuel on Ukrainian soil, and trading 

18 billions of dollars’ worth of goods and services with 

19 the United States. 

20 (25) NATO has recently decided to include 

21 Ukraine in its Enhanced Opportunities Partnership 

22 in recognition of Ukraine’s contributions to NATO 

23 missions and efforts to reform its military in line 

24 with NATO standards. 


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1 (26) Since the Russian Federation’s 2014 inva2 sion of Ukraine, the United States Congress has dem3 onstrated its support for Ukraine through the passage 

4 of legislation, including the Support for the Sov5 ereignty, Integrity, Democracy, and Economic Sta6 bility of Ukraine Act of 2014 (Public Law 113–95; 22 

7 U.S.C. 8901 et seq.), the Ukraine Freedom Support 

8 Act (Public Law 113–272; 22 U.S.C. 8921 et seq.), the 

9 Ukraine Security Assistance Initiative established 

10 under section 1250 of the National Defense Authoriza11 tion Act for Fiscal Year 2016 (Public Law 114–92; 

12 129 Stat. 1068), the Countering America’s Adver13 saries Through Sanctions Act (Public Law 115–44), 

14 and the Protecting Europe’s Energy Security Act of 

15 2019 (Public Law 116–92, title LXXV), and the 

16 United States Congress continues to demonstrate 

17 strong support for assisting Ukraine in defending 

18 itself and deterring Russia. 

19 SEC. 3. SENSE OF CONGRESS. 

20 It is the sense of Congress that— 

21 (1) Ukraine stands as a bulwark against the ma22 lign influence of the Russian Federation in Europe, 

23 and robust United States support for Ukraine is vital 

24 to United States national security and demonstrates 


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1 the commitment of the United States to upholding a 

2 free and open international order; 

3 (2) since Ukraine’s independence in 1991, the 

4 Government and people of Ukraine have made signifi5 cant strides towards improved governance, rule of 

6 law, anti-corruption measures, and economic reforms; 

7 (3) Ukraine’s long-term viability is directly con8 nected to its efforts to reduce corruption and build 

9 strong democratic institutions that are able to defend 

10 against internal and external corrupt actors; 

11 (4) the efforts and sacrifices of Ukrainian citi12 zens to determine their own fate after centuries of op13 pression, through democratic representation and gov14 ernance reforms, is evidence of that country’s dedica15 tion to a free, independent, and democratic future; 

16 (5) Ukraine has proven itself to be a valuable se17 curity partner of the United States, not simply a re18 cipient of assistance; 

19 (6) it is in the national security interests of the 

20 United States to continue and deepen its security 

21 partnership with Ukraine, including through the pro22 vision of both lethal and non-lethal assistance; 

23 (7) the United States should continue to place 

24 policy-based conditions on Ukraine’s receipt of finanVerDate Sep 11 2014 23:29 Apr 26, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\S814.RS S814

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1 cial and military assistance, as that mechanism has 

2 proven effective in incentivizing reforms in Ukraine; 

3 (8) the United States should use its voice and 

4 vote at NATO to encourage the adoption of a policy 

5 by the Alliance that all of its member states will 

6 refuse to recognize the illegal attempted annexation of 

7 Crimea by the Russian Federation; 

8 (9) the United States should support at the high9 est level and take an active part in the Ukrainian 

10 ‘‘Crimean Platform’’ initiative to ensure that the 

11 international community’s attention remains focused 

12 on— 

13 (A) the unacceptable violation of Ukraine’s 

14 territorial integrity in Crimea; and 

15 (B) working towards the reversal of such 

16 violation; 

17 (10) the United States should continue to bolster 

18 the capacity of the Ukrainian Navy as it strives to 

19 fulfill the goals it set out in its ‘‘Strategy of the Naval 

20 Forces of the Armed Forces of Ukraine 2035’’; 

21 (11) the military-focused technical, training, 

22 maintenance, and logistical assistance provided by 

23 the United States to Ukraine is as essential as the 

24 military hardware provided to the country; 


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1 (12) all security assistance provided to Ukraine 

2 should continue to be subject to rigorous vetting re3 quirements under section 620M of the Foreign Assist4 ance Act of 1961 (22 U.S.C. 2378d) and security co5 operation under section 362 of title 10, United States 

6 Code, including assistance provided to units in the 

7 National Guard of Ukraine as well as all units fall8 ing under the authority of the Ministry of Defense; 

9 (13) the Office of Defense Cooperation at the 

10 United States Embassy in Ukraine should be fully 

11 staffed with officers who serve three-year terms in 

12 order to administer the security assistance being pro13 vided to the country; 

14 (14) the Secretary of Defense should conduct an 

15 assessment of the staffing resources of the Office of De16 fense Cooperation and strongly consider providing ad17 ditional staff to the Office of Defense Cooperation in 

18 Ukraine; 

19 (15) the United States should continue to sup20 port Ukraine’s NATO aspirations, including through 

21 work towards a Membership Action Plan; 

22 (16) the enduring partnership between the 

23 United States and Ukraine, including bipartisan sup24 port for a sovereign, democratic, and whole Ukraine 

25 through political, monetary, and military assistance, 


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1 remains strong and must continue to be reaffirmed; 

2 and 

3 (17) the United States should continue to strong4 ly support Ukraine’s ambitions to join the Euro-At5 lantic community of democracies. 

6 SEC. 4. STATEMENT OF POLICY. 

7 It is the policy of the United States— 

8 (1) to refuse to recognize the attempted annex9 ation of Crimea by the Russian Federation, an action 

10 that was taken in contravention of international law; 

11 (2) to utilize existing sanctions and other au12 thorities to deter malign actions by the Russian Fed13 eration in or intended to harm Ukraine, including 

14 the mandates and authorities codified by— 

15 (A) the Countering America’s Adversaries 

16 Through Sanctions Act (22 U.S.C. 9401 et seq.); 

17 and 

18 (B) the Protecting Europe’s Energy Secu19 rity Act of 2019 (title LXXV of Public Law 116– 

20 92; 22 U.S.C. 9526 note); 

21 (3) to work with our European allies to coordi22 nate strategies to curtail Russian malign influence in 

23 Ukraine; 

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1 tion operations in the Black Sea in order to dem2 onstrate support for Ukraine’s internationally-recog3 nized maritime boundaries, to safeguard the 

4 unimpeded traffic of lawful commerce, and to push 

5 back against excessive Russian Federation claims of 

6 sovereignty; 

7 (5) to work with our allies and partners to dem8 onstrate support for Ukraine’s territorial integrity, 

9 including its internationally-recognized land borders; 

10 and 

11 (6) to support democratic, economic, and anti12 corruption reforms in Ukraine and the country’s inte13 gration into Euro-Atlantic institutions. 

14 SEC. 5. STRATEGY ON UNITED STATES DIPLOMATIC SUP15 PORT FOR UKRAINE. 

16 (a) IN GENERAL.—Not later than 90 days after the 

17 date of the enactment of this Act, the Secretary of State 

18 shall submit to the appropriate congressional committees a 

19 report with a strategy on how the United States will work 

20 to diplomatically support Ukraine during fiscal years 2022 

21 through 2026. 

22 (b) ELEMENTS.—The report required under subsection 

23 (a) shall include the following elements: 

24 (1) A description of how relevant departments 

25 and agencies of the United States Government will 


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1 work together to collectively support efforts by the 

2 Government of Ukraine to deter Russian aggression 

3 in the form of military incursions, cyber attacks, the 

4 coercive use of energy resources, the disruption of law5 ful commerce and traffic to Ukrainian ports, use of 

6 passportization, and efforts to corrupt the Ukrainian 

7 political and economic systems. 

8 (2) A description of the United States’ current 

9 efforts and strategy to support Ukrainian diplomatic 

10 initiatives when they align with United States inter11 ests. 

12 (3) A strategy on how the United States will use 

13 its voice and vote at the United Nations, OSCE, 

14 Council of Europe, NATO, and other relevant inter15 national bodies to support Ukraine and its reform ef16 forts. 

17 (4) A strategy on how the United States will as18 sist Ukraine in bolstering its diplomatic, economic, 

19 energy, and maritime relationships with key Black 

20 Sea countries, including Bulgaria, Romania, Turkey, 

21 and Georgia. 

22 (5) A strategy on how the United States will en23 gage with Germany, France, Ukraine, and Russia to 

24 advance the Normandy Format and Minsk Agree25 ments. 


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1 (6) An assessment of Ukraine’s recent progress 

2 on anti-corruption reforms and a strategy on how the 

3 United States will work with allies to continue to en4 gage Ukraine to ensure meaningful progress on demo5 cratic, economic, and anti-corruption reforms. 

6 (c) FORM.—The report required under subsection (a) 

7 shall be submitted in unclassified form, but may contain 

8 a classified annex. 

9 SEC. 6. UNITED STATES-EUROPE WORKING GROUP ON 

10 UKRAINE. 

11 (a) IN GENERAL.—The Secretary of State should seek 

12 to establish a United States-Europe Working Group on 

13 Ukraine. 

14 (b) REPRESENTATION.—The United States-Europe 

15 Working Group on Ukraine should include high-level rep16 resentatives from the European Union, its institutions, and 

17 relevant European governments, as appropriate, to jointly 

18 prioritize, evaluate and coordinate economic and policy re19 form assistance and support for Ukraine. 

20 (c) TERMINATION.—The authorities authorized under 

21 this section shall terminate on September 30 of the fifth fis22 cal year beginning after the date of the enactment of this 

23 Act. 


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1 SEC. 7. SPECIAL ENVOY FOR UKRAINE. 

2 (a) ESTABLISHMENT.—The President should appoint, 

3 by and with the consent of the Senate, a Special Envoy 

4 for Ukraine, who should report to the Assistant Secretary 

5 of State for Europe and Eurasia. 

6 (b) RANK.—The Special Envoy for Ukraine shall have 

7 the rank and status of ambassador. 

8 (c) RESPONSIBILITIES.—The Special Envoy for 

9 Ukraine should— 

10 (1) serve as the United States liaison to the Nor11 mandy Format, tasked with leading the peace process 

12 between Ukraine and the Russian Federation; 

13 (2) facilitate diplomatic outreach to and dia14 logue with countries in the Black Sea region that, like 

15 Ukraine, are faced with the impact of Russia’s grow16 ing militarization of the Sea; 

17 (3) coordinate closely with the Chief of Mission 

18 in Ukraine; 

19 (4) coordinate with the United States-Europe 

20 Working Group on Ukraine established pursuant to 

21 section 6; 

22 (5) coordinate with the OSCE Special Moni23 toring Mission to Ukraine; and 

24 (6) provide the Committee on Foreign Relations 

25 of the Senate and the Committee on Foreign Affairs 


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1 of the House of Representatives regular updates and 

2 briefings on the status of peace negotiations. 

3 (d) TERMINATION.—The Special Envoy for Ukraine 

4 position authorized under subsection (a) shall terminate 5 

5 years after the date of the enactment of this Act. 

6 SEC. 8. FOREIGN MILITARY FINANCING. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated for the Department of State 

9 for each of fiscal years 2022 through 2026 $300,000,000 for 

10 Foreign Military Financing (FMF) assistance to Ukraine 

11 to assist the country in meeting its defense needs. 

12 (b) AVAILABILITY OF FUNDS.— 

13 (1) IN GENERAL.—Of the amount authorized to 

14 be appropriated for each fiscal year pursuant to sub15 section (a), not more than $150,000,000 shall be made 

16 available until the Secretary of State makes the cer17 tification described in paragraph (2) for such fiscal 

18 year, including a detailed explanation justifying the 

19 certification with respect to each of the categories list20 ed in subparagraphs (A) through (G) of such para21 graph. The certification shall be submitted to the ap22 propriate congressional committees in unclassified 

23 form, but may contain a classified annex. 

24 (2) CERTIFICATION.—The certification described 

25 in this paragraph is a certification by the Secretary 


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1 of State, in coordination with the Secretary of De2 fense, that the Government of Ukraine has taken ac3 tions to— 

4 (A) make defense institutional reforms, in 

5 accordance with NATO standards; 

6 (B) further strengthen civilian control of the 

7 military; 

8 (C) reform its state-owned arms production 

9 sector; 

10 (D) increase transparency and account11 ability in defense procurement; 

12 (E) respect Verkhovna Rada efforts to exer13 cise oversight of the Ministry of Defense and 

14 military forces; 

15 (F) promote respect for the observation of 

16 human rights as enshrined in the requirements 

17 of section 620M of the Foreign Assistance Act of 

18 1961 (22 U.S.C. 2378d) within the security 

19 forces of Ukraine; and 

20 (G) support the work of Ukraine’s anti-cor21 ruption bodies, including the High Anti-Corrup22 tion Court, National Anti-Corruption Bureau, 

23 and the Special Anti-Corruption Prosecutor’s Of24 fice. 


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1 (c) NOTICE TO CONGRESS.—Not later than 15 days be2 fore providing assistance or support pursuant to subsection 

3 (a), the Secretary of State shall submit to the appropriate 

4 congressional committees a notification containing the fol5 lowing: 

6 (1) A detailed description of the assistance or 

7 support to be provided, including— 

8 (A) the objectives of such assistance or sup9 port; 

10 (B) the budget for such assistance or sup11 port; and 

12 (C) the expected or estimated timeline for 

13 delivery of such assistance or support. 

14 (2) A description of such other matters as the 

15 Secretary considers appropriate. 

16 (d) SENSE OF CONGRESS.—It is the sense of Congress 

17 that assistance provided under this section should— 

18 (1) prioritize the procurement of vessels for the 

19 Ukrainian Navy and other articles that bolster the ca20 pacity of the Ukrainian Navy to counter Russian 

21 maritime aggression and maintain the freedom of in22 nocent passage throughout the Black Sea; and 

23 (2) ensure adequate planning for maintenance 

24 for any equipment provided. 


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1 (e) AUTHORITY TO PROVIDE LETHAL ASSISTANCE.— 

2 The Secretary of State is authorized to provide lethal assist3 ance under this section, including anti-armor weapon sys4 tems, mortars, crew-served weapons and ammunition, gre5 nade launchers and ammunition, anti-tank weapons sys6 tems, anti-ship weapons systems, anti-aircraft weapons sys7 tems, and small arms and ammunition. 

8 SEC. 9. EXPEDITED EXCESS DEFENSE ARTICLES TRANSFER 

9 PROGRAM. 

10 During fiscal years 2022 through 2026, the delivery 

11 of excess defense articles to Ukraine shall be given the same 

12 priority as that given other countries and regions under 

13 section 516(c)(2) of the Foreign Assistance Act of 1961 (22 

14 U.S.C. 2321j(c)(2)). 

15 SEC. 10. STRATEGY ON EXCESS DEFENSE ARTICLES FROM 

16 ALLIES. 

17 (a) IN GENERAL.—Not later than 90 days after the 

18 date of the enactment of this Act, the Secretary of State 

19 in consultation with the Secretary of Defense, shall submit 

20 to the appropriate congressional committees a classified 

21 strategy on how the United States will encourage third 

22 countries to donate excess defense equipment to Ukraine. 

23 (b) ELEMENTS.—The report required under subsection 

24 (a) shall include the following elements: 


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1 (1) A listing of all friendly and allied nations 

2 that have excess defense material that may be compat3 ible with the needs and systems utilized by the Armed 

4 Forces of Ukraine. 

5 (2) A description of the diplomatic efforts under6 taken by the United States Government to encourage 

7 allied nations to donate their excess defense articles to 

8 Ukraine on an expedited basis. 

9 SEC. 11. IMET COOPERATION WITH UKRAINE. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to the Department of State 

12 $4,000,000 for each of fiscal years 2022 through 2026 for 

13 International Military Education and Training (IMET) 

14 assistance for Ukraine. The assistance shall be made avail15 able for the following purposes: 

16 (1) Training of future leaders. 

17 (2) Fostering a better understanding of the 

18 United States. 

19 (3) Establishing a rapport between the United 

20 States Armed Forces and Ukraine’s military to build 

21 partnerships for the future. 

22 (4) Enhancement of interoperability and capa23 bilities for joint operations. 

24 (5) Focusing on professional military education, 

25 civilian control of the military, and human rights. 


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1 (b) NOTICE TO CONGRESS.—Not later than 15 days 

2 before providing assistance or support pursuant to sub3 section (a), the Secretary of State shall submit to the Com4 mittee on Foreign Relations of the Senate and the Com5 mittee on Foreign Affairs of the House of Representatives 

6 a notification containing the following elements: 

7 (1) A detailed description of the assistance or 

8 support to be provided, including— 

9 (A) the objectives of such assistance or sup10 port; 

11 (B) the budget for such assistance or sup12 port; and 

13 (C) the expected or estimated timeline for 

14 delivery of such assistance or support. 

15 (2) A description of such other matters as the 

16 Secretary considers appropriate. 

17 SEC. 12. STRATEGY ON IMET PROGRAMMING IN UKRAINE. 

18 (a) SENSE OF CONGRESS.—It is the sense of Congress 

19 that the Government of Ukraine should fully utilize the 

20 United States IMET program, encourage eligible officers 

21 and civilian leaders to participate in the training, and pro22 mote successful graduates to positions of prominence in the 

23 Ukrainian Armed Forces. 

24 (b) IN GENERAL.—Not later than 180 days after the 

25 date of the enactment of this Act, the Secretary of State 


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1 shall submit to the appropriate congressional committees a 

2 strategy for the implementation of the IMET program in 

3 Ukraine authorized under section 11. 

4 (c) ELEMENTS.—The strategy required under sub5 section (a) shall include the following elements: 

6 (1) A clear plan, developed in close consultation 

7 with the Ukrainian Ministry of Defense and the 

8 Armed Forces of Ukraine, for how the IMET program 

9 will be used by the United States Government and the 

10 Government of Ukraine to propel program graduates 

11 to positions of prominence in support of the Ukrain12 ian military’s reform efforts in line with NATO 

13 standards. 

14 (2) An assessment of the education and training 

15 requirements of the Ukrainian military and clear rec16 ommendations for how IMET graduates should be as17 signed by the Ukrainian Ministry of Defense upon 

18 completion of education or training. 

19 (3) An accounting of the current combat require20 ments of the Ukrainian military and an assessment 

21 of the viability of alternative mobile training teams, 

22 distributed learning, and other flexible solutions to 

23 reach such students. 

24 (4) An identification of opportunities to influ25 ence the next generation of leaders through attendance 


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1 at United States staff and war colleges, junior leader 

2 development programs, and technical schools. 

3 (d) FORM.—The strategy required under subsection (a) 

4 shall be submitted in unclassified form, but may contain 

5 a classified annex. 

6 SEC. 13. SENSE OF CONGRESS ON LOAN PROGRAM. 

7 It is the sense of Congress that— 

8 (1) as appropriate, the United States Govern9 ment should provide direct loans to Ukraine for the 

10 procurement of defense articles, defense services, and 

11 design and construction services pursuant to the au12 thority of section 23 of the Arms Export Control Act 

13 (22 U.S.C. 2763) to support the further development 

14 of Ukraine’s military forces; and 

15 (2) such loans should be considered an additive 

16 security assistance tool, and not a substitute for For17 eign Military Financing for grant assistance or 

18 Ukraine Security Assistance Initiative programming. 

19 SEC. 14. STRATEGY TO PROTECT UKRAINE’S DEFENSE IN20 DUSTRY FROM STRATEGIC COMPETITORS. 

21 (a) SENSE OF CONGRESS.—It is the sense of Congress 

22 that the United States should work with the Government 

23 of Ukraine to ensure strategic assets and companies in 

24 Ukraine’s aerospace and defense sector are not subject to 

25 foreign ownership, control, or undue influence by strategic 


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1 competitors to the United States, such as the People’s Re2 public of China (PRC). These efforts will require support 

3 from across the Executive Branch and should leverage all 

4 available tools and authorities. 

5 (b) STRATEGY REQUIRED.— 

6 (1) IN GENERAL.—Not later than 180 days after 

7 the date of the enactment of this Act, the President, 

8 acting through the Secretary of Defense and the Sec9 retary of State and in consultation with the Secretary 

10 of the Treasury and the heads of other relevant De11 partments and agencies as the President may deter12 mine, shall submit to the appropriate committees of 

13 Congress a strategy to support Ukraine in protecting 

14 its aerospace and defense industry from predatory in15 vestments. 

16 (2) ELEMENTS.—The strategy required under 

17 paragraph (1) shall include the following elements: 

18 (A) An assessment of the efforts by strategic 

19 competitors, such as the PRC, to acquire stra20 tegic assets and companies in Ukraine’s aero21 space and defense sector and the national secu22 rity implications for Ukraine, the United States, 

23 and other NATO allies and partners. 

24 (B) An assessment of the vulnerabilities that 

25 strategic competitors of the United States exploit 


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1 to acquire strategic assets in the Ukrainian aero2 space and defense sector, Ukraine’s progress in 

3 addressing them, and United States initiatives 

4 to support these efforts such as assistance in 

5 strengthening Ukraine’s investment screening 

6 and national security vetting laws. 

7 (C) An assessment of Ukraine’s efforts to 

8 make reforms necessary to incentivize Western 

9 investment in Ukraine’s aerospace and defense 

10 sector and United States support for these efforts. 

11 (D) A strategy to— 

12 (i) promote, as appropriate, United 

13 States direct investment in Ukraine’s aero14 space and defense sector; 

15 (ii) better leverage tools like debt fi16 nancing, equity investments, and political 

17 risk insurance to incentivize greater partici18 pation by United States firms; 

19 (iii) provide an alternative to PRC in20 vestments; and 

21 (iv) engage like-minded allies and 

22 partners on these efforts. 

23 (3) FORM.—The strategy required under para24 graph (1) shall be submitted in classified form. 


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1 (c) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate committees 

3 of Congress’’ means— 

4 (1) the Committee on Foreign Relations and the 

5 Committee on Armed Services of the Senate; and 

6 (2) the Committee on Foreign Affairs and the 

7 Committee on Armed Services of the House of Rep8 resentatives. 

9 SEC. 15. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—There is authorized to be appro11 priated to the Department of State $50,000,000 for each 

12 of the fiscal years 2022 through 2026 for the purposes de13 scribed in subsection (b) with respect to Ukraine. 

14 (b) USE OF FUNDS.—Amounts appropriated pursuant 

15 to subsection (a) may only be used— 

16 (1) to strengthen Ukraine’s cyber security, cyber 

17 resilience and intellectual property enforcement, in18 cluding expanding the United States Transnational 

19 and High Tech Crime Global Law Enforcement Net20 work through International Computer Hacking and 

21 Intellectual Property Advisor or Intellectual Property 

22 Law Enforcement Coordinators to provide training 

23 and capacity building related to cyber crime and in24 tellectual property crime; 


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1 (2) to provide support and training in Ukraine 

2 for— 

3 (A) sectoral reforms related to banking and 

4 public finance management reform; 

5 (B) the privatization of state-owned enter6 prises; 

7 (C) regulatory independence; 

8 (D) subsidy reform; 

9 (E) land reform; 

10 (F) corporate governance; and 

11 (G) foreign investment screening; 

12 (3) to combat corruption, improve the rule of 

13 law, and otherwise strengthen independent legal insti14 tutions, including by— 

15 (A) expanding regional anti-corruption 

16 training and exchanges among Ukrainian Min17 istry officials, law enforcement officers, judges, 

18 and prosecutors to build peer support, share best 

19 practices, maintain reform momentum, and pro20 tect reforms from capture; 

21 (B) supporting regional training of United 

22 States Embassy personal responsible for sup23 porting anti-corruption and the rule of law to 

24 improve their effectiveness in supporting the con25 solidation and expansion of reform; 


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1 (4) to respond to the humanitarian crises caused 

2 or aggravated by the invasion and occupation of 

3 Ukraine by the Russian Federation, including by 

4 supporting internally displaced persons and commu5 nities in conflict-affected areas; 

6 (5) to improve participatory legislative processes 

7 in Ukraine, including through— 

8 (A) engagement with members of the 

9 Verkhovna Rada; 

10 (B) training on government oversight, legal 

11 education, political transparency and competi12 tion, and compliance with international obliga13 tions; and 

14 (C) supporting the development of profes15 sional legislative staff to advise and assist mem16 ber of the Verkhovna Rada and committees in the 

17 execution of their duties and build legal and pol18 icy expertise within the Verkhovna Rada; and 

19 (6) to further build the capacity of civil society, 

20 independent media, human rights, and other non21 governmental organizations in Ukraine, with an em22 phasis on— 

23 (A) building capacity outside of Kyiv; and 

24 (B) regional civil society training and ex25 change programs. 


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1 SEC. 16. DETERMINATION OF WHETHER NORD STREAM 2 AG 

2 AND ASSOCIATED CONSTRUCTION VESSELS 

3 MEET CRITERIA FOR IMPOSITION OF SANC4 TIONS UNDER PROTECTING EUROPE’S EN5 ERGY SECURITY ACT OF 2019. 

6 (a) IN GENERAL.—Not later than 15 days after the 

7 date of the enactment of this Act, the President shall submit 

8 to Congress a report that includes the following: 

9 (1) The determination of the President with re10 spect to whether Nord Stream 2 AG meets the criteria 

11 for the imposition of sanctions under the Protecting 

12 Europe’s Energy Security Act of 2019. 

13 (2) The determination of the President with re14 spect to whether the following vessels and entities meet 

15 the criteria for the imposition of sanctions under the 

16 Protecting Europe’s Energy Security Act of 2019: 

17 (A) Akademik Cherskiy. 

18 (B) Umka. 

19 (C) Errie. 

20 (D) Yuri Topchev. 

21 (E) Mentor. 

22 (F) DP Gezina. 

23 (G) Krebs GEO. 

24 (H) Vladislav Strizhov. 

25 (I) Glomar Wave. 

26 (J) Finval. 


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1 (K) Katun. 

2 (L) Venie. 

3 (M) Murman. 

4 (N) Baltiyskiy Issledovatel. 

5 (O) Artemis Offshore. 

6 (P) Havila Subsea. 

7 (Q) Russian Maritime Register of Shipping. 

8 (R) LLC Insurance Company Constanta. 

9 (S) TU ̈V Austria Holding AG. 

10 (3) A detailed explanation for each determina11 tion made under paragraph (1) or (2), including with 

12 respect to any determination that the criteria for the 

13 imposition of sanctions under the Protecting Europe’s 

14 Energy Security Act of 2019 were not met with re15 spect to a vessel or entity. 

16 (b) DEFINITION.—In this section, the term ‘‘Protecting 

17 Europe’s Energy Security Act of 2019’’ means the Pro18 tecting Europe’s Energy Security Act of 2019 (title LXXV 

19 of Public Law 116–92; 22 U.S.C. 9526 note), as amended 

20 by section 1242 of the William M. (Mac) Thornberry Na21 tional Defense Authorization Act for Fiscal Year 2021 (Pub22 lic Law 116–283). 

23 SEC. 17. APPROPRIATE CONGRESSIONAL COMMITTEES. 

24 In this Act, the term ‘‘appropriate congressional com25 mittees’’ means— 


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1 (1) the Committee on Foreign Relations and the 

2 Committee on Appropriations of the Senate; and 

3 (2) the Committee on Foreign Affairs and the 

4 Committee on Appropriations of the House of Rep5 resentatives. 


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Calendar No. 49 

117TH CONGRESS 

1ST SESSION S. 814 

A BILL 

To promote security partnership with Ukraine, and 

for other purposes. 

APRIL 26, 2021 

Reported with an amendment 


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