I 113th CONGRESS 2d Session H. R. 5190 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. Short title This Act may be cited as the Ukraine Security Assistance Act of 2014 . 2. Security assistance for Ukraine (a) In general Notwithstanding any other provision of law limiting the assistance to be provided under this section, beginning on the date following the date of completion of the assessment required by subsection (b), the President is authorized to provide to the Government of Ukraine upon that Government's request, as appropriate and in a manner consistent with the capabilities and needs of the armed forces of Ukraine identified in such assessment, the following defense articles, services, and training: (1) Weapons and ammunition, as identified in such assessment. (2) Night navigation equipment. (3) Mine Resistant Ambush Protected vehicles. (4) High Mobility Multipurpose Wheeled Vehicles. (5) Inflatable boats. (6) Body armor. (7) Fire control, range finder, optical and guidance and control equipment. (8) Explosive disposal and improvised explosive device detection equipment. (9) Mine detection equipment. (10) Chemical, biological, radiation, and nuclear detection, testing, and protection equipment. (11) Communications, logistic, combat support, medical equipment, rations, specialized equipment, and other defense articles, services, and training requested by the Government of Ukraine that the President determines to be appropriate. (b) Required assessment No later than 15 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment, or complete any ongoing assessment, of the capabilities and needs of the armed forces of Ukraine and shall ensure that it includes— (1) an assessment of the releasability of the equipment set forth in subsection (a), equipment requested by the Government of Ukraine, or equipment that may foreseeably be requested based on the current state of the armed forces of Ukraine; and (2) an assessment of the need for, appropriateness of, and force protection concerns of any United States military advisors to be made available to the armed forces of Ukraine. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $100,000,000 for fiscal year 2015 to carry out the activities set forth in subsection (a). (d) Authority for use of funds The funds made available pursuant to subsection (c) for the provision of defense articles, services, and training may be used to procure such assistance from the United States Government or other appropriate sources. (e) Provision of assessment to Congress Not later than 7 days following the completion of the assessment required by subsection (b), the President shall provide such assessment to the appropriate congressional committees. 3. Sense of Congress on intelligence sharing with Ukraine It is the sense of Congress that the President, subject to the discretion of the President so as to protect sources and methods of intelligence collection and to protect the capabilities of the intelligence community and the United States Armed Forces, should— (1) provide the Government of Ukraine with appropriate intelligence and other information to assist the Government of Ukraine— (A) to determine the location, strength, and capabilities of the military and intelligence forces of the Russian Federation located on the eastern border of Ukraine and within the territorial borders of Ukraine, including Crimea; and (B) to respond effectively to further aggression by military and intelligence forces of the Russian Federation; (2) take steps to ensure that such intelligence information is fully and appropriately protected from further disclosure, including limiting, as appropriate, the provision and nature of such intelligence information; (3) provide, within 7 days of provision of intelligence information to the Government of Ukraine, a report to the appropriate congressional committees detailing the disclosure; and (4) provide, within 7 days of receipt of a request for intelligence information from the Government of Ukraine, a report to the appropriate congressional committees detailing the request. 4. Major non-NATO ally status for Ukraine (a) In general During the period in which Ukraine meets the criteria set forth in subsection (b), notwithstanding any other provision of law, for purposes of the transfer or possible transfer of defense articles or defense services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), or any other provision of law, Ukraine shall be treated as though it were designated a major non-NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403(q) )). (b) Criteria for treatment as a major non-NATO ally In order to be treated as a major non-NATO ally pursuant to subsection (a), Ukraine must— (1) have a democratically elected government that came to power pursuant to free and fair elections; (2) cooperate fully with the United States on matters of mutual security concern, including counterterrorism matters; and (3) respect the political and legal rights of its citizens, including maintaining the right of its citizens to democratically elect their government. (c) Report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall provide to the appropriate congressional committees a report assessing whether Ukraine should continue to be treated, for purposes of the transfer or possible transfer of defense articles or defense services, as a major non-NATO ally and whether the treatment should be expanded or reduced. 5. Expanded security force training, assistance and defense cooperation with Ukraine (a) Expanded training and assistance The President shall take steps, consistent with the President's responsibility as Commander in Chief, to substantially increase, within one year after the date of the enactment of this Act— (1) the military-to-military interactions of United States Armed Forces with the armed forces of Ukraine, including specifically utilizing the National Guard State Partnership Program and increasing the current tempo of military exercises and training efforts and exchanges with such armed forces; and (2) United States and NATO security assistance to Ukraine. (b) Bilateral and multilateral defense cooperation agreements Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall seek to enter into negotiations with Ukraine to establish new, or strengthen existing, bilateral and multilateral defense cooperation agreements, including agreements related to cyber defense cooperation. (c) Report Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report detailing the specific efforts being undertaken and planned to be undertaken by the United States Government to implement the increased military-to-military interactions and security assistance required by subsection (a) and to undertake the negotiations required by subsection (c). 6. Definition In this Act, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.