II 

116TH CONGRESS 

2D SESSION S. 4392 

To provide security assistance and strategic support to Ukraine, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2020 

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

BARRASSO, and Mrs. SHAHEEN) introduced the following bill; which was 

read twice and referred to the Committee on Foreign Relations 

A BILL 

To provide security assistance and strategic support to 

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’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Throughout its history, Ukraine has experi9 enced long periods of occupation. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4392 IS

1 (2) Between 1919 and 1991, Ukraine was bru2 tally ruled by the Soviet Union, whose ruthless pol3 icy of agricultural collectivization caused the 

4 Holodomor of 1932–1933, a man-made famine that 

5 resulted in the death of at least 3,000,000 Ukrain6 ians by starvation. 

7 (3) During the violent Nazi occupation of 

8 Ukraine accompanying World War II— 

9 (A) approximately 3,500,000 Ukrainian ci10 vilians and 3,000,000 soldiers were killed; and 

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

12 massacred. 

13 (4) Ukraine declared its independence from 

14 Moscow in 1991, after the collapse of the Soviet 

15 Union. 

16 (5) In the 1994 Budapest Memorandum, the 

17 Russian Federation, the United States, and the 

18 United Kingdom pledged to ‘‘respect the independ19 ence and sovereignty and the existing borders of 

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

21 force against the territorial integrity or political 

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

23 surrender of its nuclear arsenal. 

24 (6) From November 2004 through January 

25 2005, thousands of Ukrainians took to the streets to 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4392 IS

1 peacefully protest electoral fraud and widespread 

2 corruption by the ruling elite in the 2004 Presi3 dential election, successfully triggering a re-vote, in 

4 what became known as the Orange Revolution. 

5 (7) During Ukraine’s 2014 Revolution of Dig6 nity, or Euromaidan, the pro-Russian government of 

7 President Viktor Yanukovych was forced to resign 

8 after thousands of Ukrainians peacefully protested 

9 Yanukovych’s decision to reject a closer relationship 

10 with the European Union and his continued systemic 

11 corruption, and over 100 of those protestors were 

12 killed by violent government suppression. 

13 (8) Fearful of Ukraine’s strengthened pro14 Western orientation after the Revolution of Dignity, 

15 the Government of the Russian Federation, in viola16 tion of international law and in contravention of its 

17 commitments in the Budapest Memorandum— 

18 (A) sent undisclosed military personnel 

19 into Ukraine’s Autonomous Republic of Crimea 

20 in February 2014 and has illegally occupied the 

21 Crimean Peninsula for the past six years; 

22 (B) sent covert military personnel into the 

23 Ukrainian regions of Donetsk and Luhansk in 

24 April 2014, instigating and supporting a stillVerDate Sep 11 2014 20:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4392.IS S4392

pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4392 IS

1 ongoing separatist war that has cost nearly 

2 14,000 lives; and 

3 (C) provided the Buk missile system used 

4 by those Russian-backed separatists to shoot 

5 down Malaysian Airlines Flight 17 over eastern 

6 Ukraine in July 2014, killing all 298 pas7 sengers and crew on board. 

8 (9) Under Russian control, Crimean authorities 

9 have kidnapped, imprisoned, and tortured Crimean 

10 Tatars, opposition figures, activists, and other mi11 nority populations, and have persecuted religious mi12 norities by pressing false charges of terrorism and 

13 deregistering religious centers. 

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

15 the fighting that the Russian Federation had initi16 ated in eastern Ukraine, France, Germany, Ukraine, 

17 the Russian Federation, the Organization for Secu18 rity and Cooperation (OSCE), and Russian-backed 

19 rebel leaders from eastern Ukraine signed the Minsk 

20 Protocol. 

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

22 initial Minsk Protocol, the Russian Federation com23 mitted to the Minsk II Agreement, the roadmap for 

24 resolving the conflict in eastern Ukraine, signed by 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 4392 IS

1 the Governments of Ukraine, Russia, France, and 

2 Germany. 

3 (12) Despite these agreements, the Government 

4 of the Russian Federation continues to violate 

5 Ukrainian sovereignty through— 

6 (A) manipulation of Ukraine’s dependence 

7 on Russian natural gas, including cutting off 

8 access in 2014, which deprived Ukraine of its 

9 energy supply and transit fees; 

10 (B) espionage and clandestine assassina11 tions on Ukrainian territory; 

12 (C) continuous cyber warfare against the 

13 Government of Ukraine and Ukrainian busi14 nesses, such as the NotPetya hack in 2017; and 

15 (D) seizure of Ukrainian property and citi16 zens, including the November 2018 seizure in 

17 the Kerch Strait of three Ukrainian naval ves18 sels and 24 Ukrainian officers on board those 

19 vessels. 

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

21 R. Pompeo issued the Crimea Declaration and reit22 erated in February 2020 on the sixth anniversary of 

23 Russia’s occupation that ‘‘Crimea is Ukraine’’. 

24 (14) Since April 2014, at least 4,100 Ukrainian 

25 soldiers have died fighting for their country against 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 4392 IS

1 the Russian Federation and Russian-backed rebels, 

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

3 a result of that fighting. 

4 (15) Despite Ukraine’s tumultuous history and 

5 neighborhood, in under 30 years it has risen from 

6 the collapse of the Soviet Union to become a devel7 oping democracy, steadily working to overcome its 

8 Soviet legacy of oppression, oligarchic control, and 

9 corruption. 

10 (16) Running on a strong anti-corruption plat11 form, Volodymyr Zelenskyy won the 2019 presi12 dential election with 73 percent of the vote, and his 

13 political party, Servant of the People, won a par14 liamentary majority in the Ukrainian parliament, 

15 the Verkhovna Rada, marking the first time since 

16 independence that one party has controlled the Par17 liament, the Cabinet of Ministers, and the Presi18 dency. 

19 (17) The OSCE confirmed the 2019 elections 

20 were ‘‘competitive and fundamental freedoms were 

21 generally respected’’. 

22 (18) Since 2014, the Government of Ukraine 

23 has made difficult and substantial reforms in an ef24 fort to address corruption and more closely align 

25 with the West, such as slimming and decentralizing 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 4392 IS

1 its bureaucracy, removing immunity from prosecu2 tion for Members of Parliament, reforming its gas, 

3 pension, and procurement systems, and working to 

4 adapt its military to the standards of the North At5 lantic Treaty Organization (NATO). 

6 (19) Despite progress in reforming many areas 

7 of Ukrainian governance, serious issues still remain, 

8 particularly in the areas of corruption and rule of 

9 law. 

10 (20) The United States Government has con11 sistently supported Ukraine’s democratic transition 

12 and its fight against Russian-backed separatists by 

13 assisting its governance reform efforts, maintaining 

14 robust and coordinated sanctions against the Rus15 sian Federation alongside the European Union, and 

16 providing the Ukrainian military with training and 

17 equipment, including lethal defensive weaponry. 

18 (21) In addition to the United States, the Eu19 ropean Union, European countries, and Canada have 

20 provided substantial diplomatic, monetary, and mili21 tary support for Ukraine’s democratic transition and 

22 its fight against Russian-led separatists in eastern 

23 Ukraine, and also have implemented and maintained 

24 robust sanctions regimes against the Russian FedVerDate Sep 11 2014 20:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4392.IS S4392

pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 4392 IS

1 eration for its illegal occupation of Crimea and its 

2 active destabilization of Ukraine. 

3 (22) the Government of Ukraine has steadfastly 

4 supported the United States and European allies by 

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

6 Kosovo Force (KFOR), allowing United States mili7 tary planes to refuel on Ukrainian soil, and trading 

8 billions of dollars’ worth of goods and services with 

9 the United States. 

10 (23) NATO has recently decided to include 

11 Ukraine in its Enhanced Opportunities Partnership 

12 in recognition of Ukraine’s contributions to NATO 

13 missions and efforts to reform its military in line 

14 with NATO standards. 

15 (24) Since the Russian Federation’s 2014 inva16 sion of Ukraine, the United States Congress has 

17 demonstrated its support for Ukraine through the 

18 passage of legislation, including the Support for the 

19 Sovereignty, Integrity, Democracy, and Economic 

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

21 95; 22 U.S.C. 8901 et seq.), the Ukraine Freedom 

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

23 et seq.), the Ukraine Security Assistance Initiative 

24 established under section 1250 of the National De25 fense Authorization Act for Fiscal Year 2016 (PubVerDate Sep 11 2014 20:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4392.IS S4392

pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 4392 IS

1 lic Law 114–92; 129 Stat. 1068), the Countering 

2 America’s Adversaries Through Sanctions Act (Pub3 lic Law 115–44), and the Protecting Europe’s En4 ergy Security Act of 2019 (Public Law 116–92, title 

5 LXXV), and the United States Congress continues 

6 to demonstrate strong support for assisting Ukraine 

7 in defending itself and deterring Russia. 

8 SEC. 3. SENSE OF THE CONGRESS. 

9 It is the sense of Congress that— 

10 (1) Ukraine stands as a bulwark against the 

11 malign influence of the Russian Federation in Eu12 rope, and robust United States support for Ukraine 

13 is vital to United States national security and dem14 onstrates the commitment of the United States to 

15 upholding a free and open international order; 

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

17 Government and people of Ukraine have made sig18 nificant strides towards improved governance, rule of 

19 law, anti-corruption measures, and economic re20 forms; 

21 (3) Ukraine’s long-term viability is directly con22 nected to efforts to reduce corruption and build 

23 strong democratic institutions that are able to de24 fend against internal and external corrupt actors; 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 4392 IS

1 (4) the efforts and sacrifices of Ukrainian citi2 zens to determine their own fate after centuries of 

3 oppression, through democratic representation and 

4 governance reforms, is evidence of that country’s 

5 dedication to a free, independent, and democratic fu6 ture; 

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

8 security partner of the United States, not simply a 

9 recipient of assistance; 

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

11 United States to continue and deepen its security co12 operation with Ukraine; 

13 (7) the United States should continue to place 

14 policy-based conditions on Ukraine’s receipt of finan15 cial and military assistance, as that mechanism has 

16 proven effective in incentivizing reforms in Ukraine; 

17 (8) the United States should continue to 

18 strongly support the provision of both lethal and 

19 non-lethal security assistance to the Government of 

20 Ukraine; 

21 (9) the United States should use its voice and 

22 vote at NATO to encourage the adoption of a policy 

23 by the Alliance that all of its member states will 

24 refuse to recognize the illegal annexation of Crimea 

25 by the Russian Federation; 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 4392 IS

1 (10) the United States should continue to bol2 ster the capacity of the Ukrainian Navy as it strives 

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

4 Naval Forces of the Armed Forces of Ukraine 

5 2035’’; 

6 (11) 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 (12) 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 section 

14 362 of title 10, United States Code, including assist15 ance provided to units in the National Guard of 

16 Ukraine as well as all units falling under the author17 ity of the Ministry of Defense; 

18 (13) the Office of Defense Cooperation at the 

19 United States Embassy in Ukraine should be fully 

20 staffed with officers who serve three-year terms in 

21 order to administer the security assistance being 

22 provided to the country; 

23 (14) the Secretary of Defense should conduct 

24 an assessment of the staffing resources of the Office 

25 of Defense Cooperation and strongly consider proVerDate Sep 11 2014 20:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4392.IS S4392

pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 4392 IS

1 viding additional staff to the Office of Defense Co2 operation in Ukraine; 

3 (15) the enduring partnership between the 

4 United States and Ukraine, including bipartisan 

5 support for a sovereign, democratic, and whole 

6 Ukraine through political, monetary, and military 

7 assistance, remains strong and must continue to be 

8 reaffirmed; and 

9 (16) the United States should continue to 

10 strongly support Ukraine’s ambitions to join the 

11 Euro-Atlantic community of democracies. 

12 SEC. 4. STATEMENT OF POLICY. 

13 It is the policy of the United States— 

14 (1) to refuse to recognize the illegal annexation 

15 of Crimea by the Russian Federation, an action that 

16 was taken in contravention of international law; 

17 (2) to utilize existing sanctions and other au18 thorities to deter malign actions by the Russian Fed19 eration in Ukraine, including the mandates and au20 thorities codified by the Countering America’s Ad21 versaries Through Sanctions Act (Public Law 115– 

22 44); and 

23 (3) to work with our European allies to coordi24 nate strategies to curtail Russian malign influence in 

25 Ukraine. 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 4392 IS

1 SEC. 5. STRATEGY ON UNITED STATES DIPLOMATIC SUP2 PORT FOR UKRAINE. 

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

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

5 shall submit to the appropriate congressional committees 

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

7 work to diplomatically support Ukraine during fiscal years 

8 2021 through 2025. 

9 (b) ELEMENTS.—The report required under sub10 section (a) shall include the following elements: 

11 (1) A description of how relevant departments 

12 and agencies of the United States Government will 

13 work together to collectively support efforts by the 

14 Government of Ukraine to deter Russian aggression 

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

16 coercive use of energy resources, use of 

17 passportization, and efforts to corrupt the Ukrainian 

18 political and economic systems. 

19 (2) A description of the United States current 

20 efforts and strategy to support Ukrainian diplomatic 

21 initiatives when they align with United States inter22 ests. 

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

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

25 Council of Europe, NATO, and other relevant interVerDate Sep 11 2014 20:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4392.IS S4392

pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 4392 IS

1 national bodies to support Ukraine and its reform 

2 efforts. 

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

4 assist Ukraine in bolstering its diplomatic and mari5 time relationships with key Black Sea countries, in6 cluding Bulgaria, Romania, Turkey, and Georgia. 

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

8 engage with Germany, France, Ukraine, and Russia 

9 to advance the Normandy Format and Minsk Agree10 ments. 

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

12 shall be submitted in unclassified form, but may contain 

13 a classified annex. 

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

15 UKRAINE. 

16 (a) IN GENERAL.—The Secretary of State shall seek 

17 to establish a United States-Europe Working Group on 

18 Ukraine. 

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

20 Working Group on Ukraine should include high-level rep21 resentatives from relevant European governments, as ap22 propriate, to jointly prioritize, evaluate and coordinate 

23 economic and policy reform assistance and support for 

24 Ukraine. 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 4392 IS

1 (c) REGULAR MEETINGS.—The working group 

2 should meet not less than twice per year. 

3 (d) TERMINATION.—The authorities under this sec4 tion shall terminate on September 30 of the fifth fiscal 

5 year beginning after the date of the enactment of this Act. 

6 SEC. 7. SPECIAL ENVOY FOR UKRAINE. 

7 (a) ESTABLISHMENT.—The President shall appoint, 

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

9 for Ukraine, who shall report to the Assistant Secretary 

10 of State for Europe and Eurasia. 

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

12 have the rank and status of ambassador. 

13 (c) RESPONSIBILITIES.—The Special Envoy for 

14 Ukraine shall— 

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

16 Normandy Format, tasked with leading the peace 

17 process between Ukraine and the Russian Federa18 tion; 

19 (2) facilitate diplomatic outreach to and dia20 logue with countries in the Black Sea region; 

21 (3) coordinate closely with the Chief of Mission 

22 in Ukraine; 

23 (4) coordinate with the United States-Europe 

24 Working Group on Ukraine established pursuant to 

25 section 6; and 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 4392 IS

1 (5) provide the Committee on Foreign Relations 

2 of the Senate and the Committee on Foreign Affairs 

3 of the House of Representatives regular updates and 

4 briefings on the state of reforms in Ukraine and the 

5 status of peace negotiations. 

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

7 position established under subsection (a) shall terminate 

8 5 years after the date of the enactment of this Act. 

9 SEC. 8. FOREIGN MILITARY FINANCING. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated for the Department of State 

12 for each of fiscal years 2021 through 2025 $300,000,000 

13 for Foreign Military Financing (FMF) assistance to 

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

15 (b) AVAILABILITY OF FUNDS.— 

16 (1) IN GENERAL.—Of the amount appropriated 

17 for each fiscal year pursuant to subsection (a), not 

18 more than $150,000,000 shall be made available 

19 until the Secretary of State makes the certification 

20 described in paragraph (2) for such fiscal year, in21 cluding a detailed explanation justifying the certifi22 cation with respect to each of the categories listed 

23 in subparagraphs (A) through (G) of such para24 graph. The certification shall be submitted to the 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•S 4392 IS

1 appropriate congressional committees in unclassified 

2 form, but may contain a classified annex. 

3 (2) CERTIFICATION.—The certification de4 scribed in this paragraph is a certification by the 

5 Secretary of State, in coordination with the Sec6 retary of Defense, that the Government of Ukraine 

7 has taken substantial actions to— 

8 (A) make defense institutional reforms, in 

9 accordance with NATO standards; 

10 (B) further strengthen civilian control of 

11 the military; 

12 (C) reform its state-owned arms produc13 tion sector; 

14 (D) increase transparency and account15 ability in defense procurement; 

16 (E) promote military officers based on 

17 merit; 

18 (F) respect Verkhovna Rada efforts to ex19 ercise oversight of the Ministry of Defense and 

20 military forces; and 

21 (G) promote respect for the observation of 

22 human rights within the security forces of 

23 Ukraine so that such forces meet the require24 ments enshrined in section 620M of the For25 eign Assistance Act of 1961 (22 U.S.C. 2378d). 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•S 4392 IS

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

2 before providing assistance or support under pursuant to 

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

4 appropriate congressional committees a notification con5 taining the following: 

6 (1) A detailed description of the assistance or 

7 support to be provided, including— 

8 (A) the objectives of such assistance or 

9 support; 

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 Con17 gress 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 

20 capacity 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. 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•S 4392 IS

1 (e) AUTHORITY TO PROVIDE LETHAL ASSIST2 ANCE.—The Secretary of State is authorized to provide 

3 lethal assistance under this section, including anti-armor 

4 weapon systems, mortars, crew-served weapons and am5 munition, grenade launchers and ammunition, anti-tank 

6 weapons systems, anti-ship weapons systems, anti-aircraft 

7 weapons systems, and small arms and ammunition. 

8 (f) TRANSFER AUTHORITY.—The Secretary of De9 fense may transfer amounts appropriated or otherwise 

10 made available for assistance under section 333 of title 

11 10, United States Code, to the Department of State to 

12 be made available for Foreign Military Finance assistance 

13 to Ukraine. 

14 SEC. 9. REPORT ON CAPABILITY AND CAPACITY REQUIRE15 MENTS OF MILITARY FORCES OF UKRAINE 

16 AND RESOURCE PLAN FOR SECURITY ASSIST17 ANCE. 

18 (a) REPORT.—Not later than 180 days after the date 

19 of the enactment of this Act, the Secretary of Defense and 

20 the Secretary of State shall jointly submit to the appro21 priate committees of Congress a report on the capability 

22 and capacity requirements of the military forces of 

23 Ukraine, which shall include the following: 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•S 4392 IS

1 (1) An analysis of the capability gaps and ca2 pacity shortfalls of the military forces of Ukraine 

3 that includes— 

4 (A) an assessment of the requirements of 

5 the navy of Ukraine to accomplish its assigned 

6 missions; and 

7 (B) an assessment of the requirements of 

8 the air force of Ukraine to accomplish its as9 signed missions. 

10 (2) An assessment of the relative priority as 

11 signed by the Government of Ukraine to addressing 

12 such capability gaps and capacity shortfalls. 

13 (3) An assessment of the capability gaps and 

14 five capacity shortfalls that— 

15 (A) could be addressed in a sufficient and 

16 timely manner by unilateral efforts of the Gov17 ernment of Ukraine; and 

18 (B) are unlikely to be addressed in a suffi19 cient and timely manner solely through unilat20 eral efforts. 

21 (4) An assessment of the capability gaps and 

22 capacity shortfalls described in paragraph (3)(B) 

23 that could be addressed in a sufficient and timely 

24 manner by— 


pamtmann on DSKBC07HB2PROD with BILLS
21 

•S 4392 IS

1 (A) the Ukraine Security Assistance Initia2 tive of the Department of Defense; 

3 (B) Department of Defense security assist4 ance authorized by section 333 of title 10, 

5 United States Code; 

6 (C) the Foreign Military Financing and 

7 Foreign Military Sales programs of the Depart8 ment of State; or 

9 (D) the provision of excess defense articles. 

10 (5) An assessment of the human resources re11 quirements of the Office of Defense Cooperation at 

12 the United States Embassy in Kyiv and any gaps in 

13 the capacity of such Office of Defense Cooperation 

14 to provide security assistance to Ukraine. 

15 (6) Any recommendations the Secretary of De16 fense and the Secretary of State consider appro17 priate concerning the coordination of security assist18 ance efforts of the Department of Defense and the 

19 Department of State with respect to Ukraine. 

20 (b) RESOURCE PLAN.—Not later than February 15, 

21 2022, the Secretary of Defense and the Secretary of State 

22 shall jointly submit to the appropriate committees of Con23 gress a resource plan for United States security assistance 

24 with respect to Ukraine, which shall include the following: 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•S 4392 IS

1 (1) A plan to resource the following initiatives 

2 and programs with respect to Ukraine in fiscal year 

3 2023 and the four succeeding fiscal years to meet 

4 the most critical capability gaps and capacity short 

5 falls of the military forces of Ukraine: 

6 (A) The Ukraine Security Assistance Ini7 tiative of the Department of Defense. 

8 (B) Department of Defense security assist9 ance authorized by section 333 of title 10, 

10 United States Code. 

11 (C) The Foreign Military Financing and 

12 Foreign Military Sales programs of the Depart13 ment of State. 

14 (D) The provision of excess defense arti15 cles. 

16 (2) With respect to the Ukrainian Navy, the 

17 following: 

18 (A) A capability development plan, with 

19 milestones, detailing the manner in which the 

20 United States will assist the Government of 

21 Ukraine in meeting the requirements referred 

22 to in subsection (a)(1)(A). 

23 (B) A plan for United States cooperation 

24 with third countries and international organiza25 tions that have the resources and ability to proVerDate Sep 11 2014 20:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S4392.IS S4392

pamtmann on DSKBC07HB2PROD with BILLS
23 

•S 4392 IS

1 vide immediate assistance to the navy of 

2 Ukraine while maintaining interoperability with 

3 United States platforms to the extent feasible. 

4 (C) A plan to prioritize the provision of ex5 cess defense articles for the Ukrainian Navy to 

6 the extent practicable during fiscal year 2023 

7 and the four succeeding fiscal years. 

8 (D) An assessment of the manner in which 

9 United States security assistance to the Ukrain10 ian Navy is in the national security interests of 

11 the United States. 

12 (3) With respect to the Ukrainian Air Force, 

13 the following: 

14 (A) A capability development plan, with 

15 milestones, detailing the manner in which the 

16 United States will assist the Government of 

17 Ukraine in meeting the requirements referred 

18 to in subsection (a)(1)(B). 

19 (B) A plan for United States cooperation 

20 with third countries and international organiza21 tions that have the resources and ability to pro22 vide immediate assistance to the Ukrainian Air 

23 Force while maintaining interoperability with 

24 United States platforms to the extent feasible. 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•S 4392 IS

1 (C) A plan to prioritize the provision of ex2 cess defense articles for the Ukrainian Air 

3 Force to the extent practicable during fiscal 

4 year 2023 and the four succeeding fiscal years. 

5 (D) An assessment of the manner in which 

6 United States security assistance to the Ukrain7 ian Air Force is in the national security inter8 ests of the United States. 

9 (4) An assessment of progress on defense insti10 tutional reforms in Ukraine, including with respect 

11 to the navy and air force of Ukraine, during fiscal 

12 year 2023 and the four succeeding fiscal years that 

13 will be essential for— 

14 (A) enabling effective use and sustainment 

15 of capabilities developed under security assist16 ance authorities described in this section; 

17 (B) enhancing the defense of the sov18 ereignty and territorial integrity of Ukraine; 

19 (C) achieving the stated goal of the Gov20 ernment of Ukraine of meeting North Atlantic 

21 Treaty Organization standards; and 

22 (D) allowing Ukraine to achieve its full po23 tential as a strategic partner of the United 

24 States. 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•S 4392 IS

1 (c) FORM.—The report required by subsection (a) 

2 and the resource plan required by subsection (b) shall each 

3 be submitted in a classified form with an unclassified sum4 mary. 

5 (d) APPROPRIATE COMMITTEES OF CONGRESS DE6 FINED.—In this section, the term ‘‘appropriate commit7 tees of Congress’’ means— 

8 (1) the Committee on Armed Services, the 

9 Committee on Foreign Relations, and the Committee 

10 on Appropriations of the Senate; and 

11 (2) the Committee on Armed Services, the 

12 Committee on Foreign Affairs, and the Committee 

13 on Appropriations of the House of Representatives. 

14 SEC. 10. EXPEDITED EXCESS DEFENSE ARTICLES TRANS15 FER PROGRAM. 

16 During fiscal years 2021 through 2025, the delivery 

17 of excess defense articles to Ukraine shall be given the 

18 same priority as that given other countries and regions 

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

20 1961 (22 U.S.C. 2321j(c)(2)). 

21 SEC. 11. STRATEGY ON EXCESS DEFENSE ARTICLES FROM 

22 ALLIES. 

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

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

25 in consultation with the Secretary of Defense, shall submit 


pamtmann on DSKBC07HB2PROD with BILLS
26 

•S 4392 IS

1 to the appropriate congressional committees a classified 

2 strategy on how the United States will encourage third 

3 countries to donate excess defense equipment to Ukraine. 

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

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

7 that have excess defense material that may be com8 patible with the needs and systems utilized by the 

9 Armed Forces of Ukraine. 

10 (2) A description of the diplomatic efforts un11 dertaken by the United States Government to en12 courage allied nations to donate their excess defense 

13 articles to Ukraine on an expedited basis. 

14 SEC. 12. IMET COOPERATION WITH UKRAINE. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Department of State 

17 $4,000,000 for each of fiscal years 2021 through 2025 

18 for International Military Education and Training 

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

20 made available for the following purposes: 

21 (1) Training of future leaders. 

22 (2) Fostering a better understanding of the 

23 United States. 


pamtmann on DSKBC07HB2PROD with BILLS
27 

•S 4392 IS

1 (3) Establishing a rapport between the United 

2 States Armed Forces and Ukraine’s military to build 

3 partnerships for the future. 

4 (4) Enhancement of interoperability and capa5 bilities for joint operations. 

6 (5) Focusing on professional military education, 

7 civilian control of the military, and human rights. 

8 (b) AVAILABILITY OF FUNDS.— 

9 (1) IN GENERAL.—Of the amount appropriated 

10 for each fiscal year pursuant to subsection (a), not 

11 more than $3,000,000 may be made available until 

12 the Secretary of State, in consultation with the Sec13 retary of Defense, makes the certification described 

14 in paragraph (2) to the Committee on Foreign Rela15 tions of the Senate and the Foreign Affairs Com16 mittee of the House of Representatives, including a 

17 detailed explanation justifying the certification with 

18 respect to each of the categories listed in subpara19 graphs (A) through (G) of such paragraph. The cer20 tification shall be submitted to the appropriate con21 gressional committees in unclassified form, but may 

22 contain a classified annex. 

23 (2) CERTIFICATION.—The certification de24 scribed in this paragraph is a certification by the 

25 Secretary of State, in coordination with the SecVerDate Sep 11 2014 20:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4392.IS S4392

pamtmann on DSKBC07HB2PROD with BILLS
28 

•S 4392 IS

1 retary of Defense, that the Government of Ukraine 

2 has taken substantial actions to— 

3 (A) make defense institutional reforms, in 

4 accordance with NATO standards; 

5 (B) further strengthen civilian control of 

6 the military; 

7 (C) reform its state-owned arms produc8 tion sector; 

9 (D) increase transparency and account10 ability in defense procurement; 

11 (E) promote military officers based on 

12 merit; 

13 (F) respect Verkhovna Rada efforts to ex14 ercise oversight of the Ministry of Defense and 

15 military forces; and 

16 (G) promote respect for the observation of 

17 human rights within the security forces of 

18 Ukraine so that such forces meet the require19 ments enshrined in section 620M of the For20 eign Assistance Act of 1961 (22 U.S.C. 2378d). 

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

22 before providing assistance or support pursuant to sub23 section (a), the Secretary of State shall submit to the 

24 Committee on Foreign Relations of the Senate and the 


pamtmann on DSKBC07HB2PROD with BILLS
29 

•S 4392 IS

1 Committee on Foreign Affairs of the House of Representa2 tives a notification containing the following elements: 

3 (1) A detailed description of the assistance or 

4 support to be provided, including— 

5 (A) the objectives of such assistance or 

6 support; 

7 (B) the budget for such assistance or sup8 port; and 

9 (C) the expected or estimated timeline for 

10 delivery of such assistance or support. 

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

12 Secretary considers appropriate. 

13 SEC. 13. STRATEGY ON IMET PROGRAMMING IN UKRAINE. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that the Government of Ukraine should fully utilize 

16 the United States IMET program, encourage eligible offi17 cers to participate in the training, and promote successful 

18 graduates to positions of prominence in the Ukrainian 

19 Armed Forces. 

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

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

22 shall submit to the appropriate congressional committees 

23 a strategy for the implementation of the IMET program 

24 in Ukraine authorized under section 12. 


pamtmann on DSKBC07HB2PROD with BILLS
30 

•S 4392 IS

1 (c) ELEMENTS.—The strategy required under sub2 section (a) shall include the following elements: 

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

4 with the Ukrainian Ministry of Defense, for how the 

5 IMET program will be used by the United States 

6 Government and the Government of Ukraine to pro7 pel program graduates to positions of prominence in 

8 support of the Ukrainian military’s reform efforts in 

9 line with NATO standards. 

10 (2) An assessment of the education and train11 ing requirements of the Ukrainian military and clear 

12 recommendations for how IMET graduates should 

13 be assigned by the Ukrainian military upon comple14 tion of education or training. 

15 (3) An accounting of the current combat re16 quirements of the Ukrainian military and an assess17 ment of the viability of alternative mobile training 

18 teams, distributed learning, and other flexible solu19 tions to reach such students. 

20 (4) An identification of opportunities to influ21 ence the next generation of leaders through attend22 ance at United States service academies, staff and 

23 war colleges, junior leader development programs, 

24 and technical schools. 


pamtmann on DSKBC07HB2PROD with BILLS
31 

•S 4392 IS

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

2 (a) shall be submitted in unclassified form, but may con3 tain a classified annex. 

4 SEC. 14. SENSE OF CONGRESS ON LOAN PROGRAM. 

5 It is the sense of Congress that— 

6 (1) as appropriate, the United States Govern7 ment should provide direct loans to Ukraine for the 

8 procurement of defense articles, defense services, 

9 and design and construction services pursuant to the 

10 authority of section 23 of the Arms Export Control 

11 Act (22 U.S.C. 2763) to support the further devel12 opment of Ukraine’s military forces; and 

13 (2) such loans should be considered an additive 

14 security assistance tool, and not a substitute for 

15 Foreign Military Financing for grant assistance or 

16 Ukraine Security Assistance Initiative programming. 

17 SEC. 15. APPROPRIATE CONGRESSIONAL COMMITTEES. 

18 In this Act, the term ‘‘appropriate congressional com19 mittees’’ means— 

20 (1) the Committee on Foreign Relations and 

21 the Committee on Appropriations of the Senate; and 

22 (2) the Committee on Foreign Affairs and the 

23 Committee on Appropriations of the House of Rep24 resentatives. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS