I 

113TH CONGRESS 

2D SESSION H. R. 5190 

To authorize assistance for Ukraine, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2014 

Mr. GERLACH (for himself, Ms. KAPTUR, Mr. LEVIN, Ms. SLAUGHTER, Mr. 

JOYCE, Mr. TIBERI, Mr. RENACCI, Mr. PASCRELL, Mr. MARINO, Mr. 

STIVERS, and Mr. FITZPATRICK) introduced the following bill; which was 

referred to the Committee on Foreign Affairs, and in addition to the 

Committees on Armed Services and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To authorize assistance for 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 As5 sistance Act of 2014’’. 

6 SEC. 2. SECURITY ASSISTANCE FOR UKRAINE. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law limiting the assistance to be provided under 

9 this section, beginning on the date following the date of 


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1 completion of the assessment required by subsection (b), 

2 the President is authorized to provide to the Government 

3 of Ukraine upon that Government’s request, as appro4 priate and in a manner consistent with the capabilities and 

5 needs of the armed forces of Ukraine identified in such 

6 assessment, the following defense articles, services, and 

7 training: 

8 (1) Weapons and ammunition, as identified in 

9 such assessment. 

10 (2) Night navigation equipment. 

11 (3) Mine Resistant Ambush Protected vehicles. 

12 (4) High Mobility Multipurpose Wheeled Vehi13 cles. 

14 (5) Inflatable boats. 

15 (6) Body armor. 

16 (7) Fire control, range finder, optical and guid17 ance and control equipment. 

18 (8) Explosive disposal and improvised explosive 

19 device detection equipment. 

20 (9) Mine detection equipment. 

21 (10) Chemical, biological, radiation, and nuclear 

22 detection, testing, and protection equipment. 

23 (11) Communications, logistic, combat support, 

24 medical equipment, rations, specialized equipment, 

25 and other defense articles, services, and training reVerDate Mar 15 2010 22:21 Jul 29, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5190.IH H5190

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1 quested by the Government of Ukraine that the 

2 President determines to be appropriate. 

3 (b) REQUIRED ASSESSMENT.—No later than 15 days 

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

5 of Defense shall conduct an assessment, or complete any 

6 ongoing assessment, of the capabilities and needs of the 

7 armed forces of Ukraine and shall ensure that it in8 cludes— 

9 (1) an assessment of the releasability of the 

10 equipment set forth in subsection (a), equipment re11 quested by the Government of Ukraine, or equip12 ment that may foreseeably be requested based on the 

13 current state of the armed forces of Ukraine; and 

14 (2) an assessment of the need for, appropriate15 ness of, and force protection concerns of any United 

16 States military advisors to be made available to the 

17 armed forces of Ukraine. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Secretary of State 

20 $100,000,000 for fiscal year 2015 to carry out the activi21 ties set forth in subsection (a). 

22 (d) AUTHORITY FOR USE OF FUNDS.—The funds 

23 made available pursuant to subsection (c) for the provision 

24 of defense articles, services, and training may be used to 


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1 procure such assistance from the United States Govern2 ment or other appropriate sources. 

3 (e) PROVISION OF ASSESSMENT TO CONGRESS.—Not 

4 later than 7 days following the completion of the assess5 ment required by subsection (b), the President shall pro6 vide such assessment to the appropriate congressional 

7 committees. 

8 SEC. 3. SENSE OF CONGRESS ON INTELLIGENCE SHARING 

9 WITH UKRAINE. 

10 It is the sense of Congress that the President, subject 

11 to the discretion of the President so as to protect sources 

12 and methods of intelligence collection and to protect the 

13 capabilities of the intelligence community and the United 

14 States Armed Forces, should— 

15 (1) provide the Government of Ukraine with ap16 propriate intelligence and other information to assist 

17 the Government of Ukraine— 

18 (A) to determine the location, strength, 

19 and capabilities of the military and intelligence 

20 forces of the Russian Federation located on the 

21 eastern border of Ukraine and within the terri22 torial borders of Ukraine, including Crimea; 

23 and 


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1 (B) to respond effectively to further ag2 gression by military and intelligence forces of 

3 the Russian Federation; 

4 (2) take steps to ensure that such intelligence 

5 information is fully and appropriately protected from 

6 further disclosure, including limiting, as appropriate, 

7 the provision and nature of such intelligence infor8 mation; 

9 (3) provide, within 7 days of provision of intel10 ligence information to the Government of Ukraine, a 

11 report to the appropriate congressional committees 

12 detailing the disclosure; and 

13 (4) provide, within 7 days of receipt of a re14 quest for intelligence information from the Govern15 ment of Ukraine, a report to the appropriate con16 gressional committees detailing the request. 

17 SEC. 4. MAJOR NON-NATO ALLY STATUS FOR UKRAINE. 

18 (a) IN GENERAL.—During the period in which 

19 Ukraine meets the criteria set forth in subsection (b), not20 withstanding any other provision of law, for purposes of 

21 the transfer or possible transfer of defense articles or de22 fense services under the Arms Export Control Act (22 

23 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 

24 (22 U.S.C. 2151 et seq.), or any other provision of law, 

25 Ukraine shall be treated as though it were designated a 


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1 major non-NATO ally (as defined in section 644(q) of the 

2 Foreign Assistance Act of 1961 (22 U.S.C. 2403(q))). 

3 (b) CRITERIA FOR TREATMENT AS A MAJOR NON4 NATO ALLY.—In order to be treated as a major non5 NATO ally pursuant to subsection (a), Ukraine must— 

6 (1) have a democratically elected government 

7 that came to power pursuant to free and fair elec8 tions; 

9 (2) cooperate fully with the United States on 

10 matters of mutual security concern, including 

11 counterterrorism matters; and 

12 (3) respect the political and legal rights of its 

13 citizens, including maintaining the right of its citi14 zens to democratically elect their government. 

15 (c) REPORT.—Not later than 1 year after the date 

16 of the enactment of this Act, and annually thereafter, the 

17 President shall provide to the appropriate congressional 

18 committees a report assessing whether Ukraine should 

19 continue to be treated, for purposes of the transfer or pos20 sible transfer of defense articles or defense services, as a 

21 major non-NATO ally and whether the treatment should 

22 be expanded or reduced. 


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1 SEC. 5. EXPANDED SECURITY FORCE TRAINING, ASSIST2 ANCE AND DEFENSE COOPERATION WITH 

3 UKRAINE. 

4 (a) EXPANDED TRAINING AND ASSISTANCE.—The 

5 President shall take steps, consistent with the President’s 

6 responsibility as Commander in Chief, to substantially in7 crease, within one year after the date of the enactment 

8 of this Act— 

9 (1) the military-to-military interactions of 

10 United States Armed Forces with the armed forces 

11 of Ukraine, including specifically utilizing the Na12 tional Guard State Partnership Program and in13 creasing the current tempo of military exercises and 

14 training efforts and exchanges with such armed 

15 forces; and 

16 (2) United States and NATO security assist17 ance to Ukraine. 

18 (b) BILATERAL AND MULTILATERAL DEFENSE CO19 OPERATION AGREEMENTS.—Not later than 90 days after 

20 the date of the enactment of this Act, the Secretary of 

21 State, in coordination with the Secretary of Defense, shall 

22 seek to enter into negotiations with Ukraine to establish 

23 new, or strengthen existing, bilateral and multilateral de24 fense cooperation agreements, including agreements re25 lated to cyber defense cooperation. 


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1 (c) REPORT.—Not later than 90 days after the date 

2 of the enactment of this Act, and every 180 days there3 after, the President shall submit to the appropriate con4 gressional committees a report detailing the specific ef5 forts being undertaken and planned to be undertaken by 

6 the United States Government to implement the increased 

7 military-to-military interactions and security assistance 

8 required by subsection (a) and to undertake the negotia9 tions required by subsection (c). 

10 SEC. 6. DEFINITION. 

11 In this Act, the term ‘‘appropriate congressional com12 mittees’’ means— 

13 (1) the Committee on Foreign Relations, the 

14 Committee on Appropriations, the Committee on 

15 Armed Services, and the Select Committee on Intel16 ligence of the Senate; and 

17 (2) the Committee on Foreign Affairs, the 

18 Committee on Appropriations, the Committee on 

19 Armed Services, and the Permanent Select Com20 mittee on Intelligence of the House of Representa21 tives. 

Æ 


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