SUPPORT Act

To establish the policy of the United States with respect to supporting an insurgency in Ukraine in the event of an invasion of Ukraine by Russia, and for other purposes. 1. Short title This Act may be cited as the Supplying Ukraine with Provisions to Protect against Ongoing Russian Threats Act SUPPORT Act 2. Ukraine anti-Russian insurgency (a) Sense of Congress It is the sense of Congress that— (1) it is in the national security interests of the United States to support the sovereignty and territorial integrity of Ukraine, and to continue and deepen the security partnership between the United States and Ukraine; (2) aggression and malign influence by Russia and its proxies in Ukraine are a threat to the sovereignty and democratic government of Ukraine; (3) coordination by the United States with the North Atlantic Treaty Organization, the Organization for Security and Cooperation in Europe, and members of the international community can help strengthen the opposition to the efforts of Russia to further encroach on the territorial sovereignty and right to self-determination of Ukraine; (4) Congress supports efforts to resolve the crisis diplomatically, without compromising on the principles on which the NATO alliance and European security rest; and (5) Congress believes that the principle that nations may not change borders by force is central to the post-World War II international order. (b) Statement of policy It is the policy of the United States that, in the event of an invasion of Ukraine by Russia, the United States will take necessary and appropriate steps to support Ukrainian efforts to reassert control of its territory, expel an invading foreign force, and defend its sovereignty. These steps include supporting a Ukrainian insurgency with lethal and nonlethal assistance, and intelligence sharing, with the aim of imposing grave costs on Russia for actions threatening international peace and security. (c) Report (1) Requirement Not later than 30 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with any other official the Assistant Secretary determines appropriate, shall submit to the appropriate congressional committees a report containing a plan for providing support described in subsection (b) to a Ukrainian insurgency, including with respect to funding, weapons, partner contributions, intelligence sharing, and type of systems to be deployed, and means of insertion. (2) Form The report under paragraph (1) may be submitted in classified form, but if so submitted shall include an unclassified executive summary. (d) Intelligence community assessment regarding Russian gray zone assets (1) Intelligence community assessment The Director of National Intelligence, acting through the National Intelligence Council, shall produce an intelligence community assessment that contains— (A) a description of the gray zone assets of Russia; (B) an identification of any opportunities to hold such gray zone assets at risk, as a method of influencing the behavior of Russia; and (C) an assessment of the risks and potential benefits, with respect to the interests of the United States, that may result from the seizure of such gray zone assets to hold the assets at risk. (2) Considerations In identifying opportunities to hold a gray zone asset of Russia at risk under paragraph (1)(B), the National Intelligence Council shall consider the following: (A) The effect on civilians of holding the gray zone asset at risk. (B) The extent to which the gray zone asset is substantially State-owned or substantially controlled by Russia. (C) The likelihood that holding the gray zone asset at risk will influence the behavior of Russia. (D) The likelihood that holding the gray asset at risk, or degrading the asset, will affect any attempt of Russia to use force to change existing borders or undermine the political independence or territorial integrity of any State, including Ukraine. (E) Such other factors as the National Intelligence Council may determine appropriate. (3) Appendix The intelligence community assessment under paragraph (1) shall include an appendix that contains a list of the categories of gray zone assets of Russia, with specific examples of— (A) gray zone assets in each category; and (B) for each such gray zone asset listed, the ways in which Russia uses the asset to advance its gray zone activities. (4) Submission The Director, consistent with the protection of sources and methods, shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate the intelligence community assessment under paragraph (1). (5) Form The intelligence community assessment under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. (e) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committees on Armed Services of the House of Representatives and the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) Gray zone activity The term gray zone activity (3) Gray zone asset The term gray zone asset (A) means an entity or proxy that is controlled, in whole or in part, by a foreign adversary of the United States and is used by such foreign adversary in connection with a gray zone activity; and (B) includes a State-owned enterprise of a foreign adversary that is so used. (4) Intelligence community The term intelligence community 50 U.S.C. 3003

Summary: Supplying Ukraine with Provisions to Protect against Ongoing Russian Threats Act or the SUPPORT Act This bill states that it is U.S. policy to take necessary and appropriate steps to support Ukraine's efforts to reassert control of its territory and defend its sovereignty in the event of a Russian invasion of Ukraine, including by providing lethal and nonlethal assistance and sharing intelligence. The bill also requires the Department of Defense to report to Congress a plan for providing such support to a Ukrainian insurgency. The National Intelligence Council must produce an intelligence community assessment relating to Russia's gray zone activities and assets. (Under this bill, a gray zone activity is an activity to advance a foreign state's interests that (1) falls between ordinary statecraft and open warfare, (2) is designed to maximize the advancement of such interests without provoking a U.S. kinetic military response, and (3) falls on a spectrum ranging from covert adversary operations to open adversary operations.