U.S.—Ukraine Security Cooperation Enhancement Act

I 116TH CONGRESS 1ST SESSION H. R. 3047 To provide support to Ukraine to defend its independence, sovereignty, and territorial integrity, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 30, 2019 Mr. MCCAUL (for himself, Mr. ENGEL, Mr. KINZINGER, and Mr. KEATING) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To provide support to Ukraine to defend its independence, sovereignty, and territorial integrity, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘U.S.—Ukraine Secu- 4 rity Cooperation Enhancement Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) In fiscal year 2019, the United States pro- 8 vided Ukraine with $423,400,000 in security assist- 9 ance under chapter 5 of part II of the Foreign As- 10 VerDate Sep 11 2014 04:10 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3047 IH sistance Act of 1961 (22 U.S.C. 2347 et seq.) and 1 section 23 of the Arms Export Control Act (22 2 U.S.C. 2763). 3 (2) Ukraine has been a longstanding NATO-as- 4 pirant country and the United States has consist- 5 ently welcomed Ukraine’s NATO aspirations, re- 6 affirmed by the 2008 Bucharest Declaration. 7 (3) Ukraine has contributed substantially to 8 Euro-Atlantic peace and security through participa- 9 tion in missions for the Resolute Support Mission in 10 Afghanistan and with the multinational NATO 11 forces in Kosovo. 12 SEC. 3. SENSE OF CONGRESS. 13 It is the sense of Congress that United States assist- 14 ance to Ukraine under chapter 5 of part II of the Foreign 15 Assistance Act of 1961 and the Arms Export Control Act 16 should be increased to provide opportunities to establish 17 and build long-term bilateral defense relationships and to 18 achieve important goals, including the effective use, secu- 19 rity, and storage of United States-origin defense articles. 20 SEC. 4. STATEMENT OF POLICY. 21 It shall be the policy of the United States to— 22 (1) support Ukraine’s sovereignty, independ- 23 ence, and territorial integrity within its internation- 24 ally recognized borders; 25 VerDate Sep 11 2014 04:10 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3047 IH (2) support the right of the people of Ukraine 1 to freely determine their future and make inde- 2 pendent, sovereign choices on foreign and security 3 policy, including with respect to their country’s rela- 4 tionship with other nations and international organi- 5 zations, without interference, intimidation, or coer- 6 cion by other countries; 7 (3) support Ukraine’s right to defend itself 8 against Russian aggression through the delivery of 9 United States security assistance; 10 (4) support Ukraine’s Euro-Atlantic and Euro- 11 pean integration; 12 (5) reject any territorial changes effected by 13 force, including the illegal invasions and occupations 14 of Crimea and the Donbass by the Russian Federa- 15 tion and Russian-backed separatists; 16 (6) condemn the ongoing detentions of the 24 17 Ukrainian sailors taken during the November 25, 18 2018, attack by Russia in the Kerch Strait; 19 (7) urge Russia to fully implement the Minsk II 20 process of February 11, 2015, support the establish- 21 ment of international security mechanisms in the 22 Donbass, and ensure the safe and dignified return of 23 internally displaced persons and refugees, all of 24 VerDate Sep 11 2014 04:10 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3047 IH which are important for lasting peace and security 1 on the ground; 2 (8) support continued development of demo- 3 cratic values in Ukraine, including strengthening 4 rule of law, public sector transparency and account- 5 ability, as well as anticorruption efforts; and 6 (9) in consultation with the Government of 7 Ukraine, enhance Ukraine’s deterrence, resilience, 8 and self-defense, including through appropriate arms 9 transfers and sales of lethal defense articles for 10 Ukraine’s armed forces, as well as improve 11 Ukraine’s ability to respond to Russian-supported 12 cyber attacks, so that it can defend against threats 13 to its people, territorial integrity, or national secu- 14 rity. 15 SEC. 5. MAJOR NON-NATO ALLY STATUS FOR UKRAINE. 16 During the period beginning on the date of the enact- 17 ment of this Act and ending on the date on which Ukraine 18 accedes to the North Atlantic Treaty Organization as ref- 19 erenced in the 2008 Bucharest Summit Declaration, the 20 President may determine that, for purposes of the transfer 21 or possible transfer of defense articles or defense services 22 under the Arms Export Control Act (22 U.S.C. 2751 et 23 seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 24 et seq.), or any other provision of law, Ukraine shall be 25 VerDate Sep 11 2014 04:10 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3047 IH treated as a major non-NATO ally, as defined in section 1 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2 2403 (q)). 3 SEC. 6. MODIFICATION TO AUTHORITY TO PROVIDE SECU- 4 RITY ASSISTANCE TO UKRAINE. 5 Section 1250(b)(2) of the National Defense Author- 6 ization Act for Fiscal Year 2016 (Public Law 114–92; 129 7 Stat. 1086) is amended— 8 (1) by striking ‘‘and small arms’’ and inserting 9 ‘‘small arms’’; and 10 (2) by striking the period at the end and insert- 11 ing the following: ‘‘, anti-tank weapons systems, 12 anti-ship weapons systems, and anti-aircraft weap- 13 ons systems.’’. 14 SEC. 7. REPORT RELATING TO SECURITY ASSISTANCE FOR 15 UKRAINE. 16 (a) IN GENERAL.—Not later than 180 days after the 17 date of the enactment of this Act, the Secretary of State, 18 in consultation with the heads of other appropriate United 19 States departments and agencies, shall submit to Congress 20 a report reviewing United States security assistance to the 21 Government of Ukraine that includes each of the fol- 22 lowing: 23 (1) A detailed review of all United States secu- 24 rity assistance programs to the Government of 25 VerDate Sep 11 2014 04:10 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3047.IH H3047 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3047 IH Ukraine, from fiscal year 2014 to the date of the 1 submission of the report. 2 (2) An assessment of threats to Ukrainian inde- 3 pendence, sovereignty, and territorial integrity. 4 (3) An assessment of Ukraine’s needs for lethal 5 defense articles for offensive and defensive needs. 6 (4) An assessment of Ukraine’s asymmetric ca- 7 pabilities to counter Russian hybrid warfare and ag- 8 gression. 9 (5) An assessment of the international military 10 education and training programs offered to Ukraine 11 by the United States and options for increasing 12 these programs. 13 (b) FORM.—The report required by subsection (a) 14 shall be submitted in unclassified form but may contain 15 a classified annex. 16 Æ VerDate Sep 11 2014 04:10 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3047.IH H3047 pamtmann on DSKBFK8HB2PROD with BILLS