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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9501 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9501
To promote peace, stability, and recovery in Ukraine, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 9, 2024
Mr. Fitzpatrick (for himself, Ms. Kaptur, Mr. Wilson of South Carolina,
and Mr. Quigley) introduced the following bill; which was referred to
the Committee on Foreign Affairs, and in addition to the Committee on
Armed Services, 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 promote peace, stability, and recovery in Ukraine, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stand with Ukraine Act of 2024''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On July 12, 2023, the United States, Ukraine, and other
members of the G7 issued a Joint Declaration subsequently
joined by 24 additional states that reaffirmed their
``unwavering commitment to the strategic objective of a free,
independent, democratic, and sovereign Ukraine, within its
internationally recognized borders, capable of defending itself
and deterring future aggression''.
(2) The security of Ukraine is integral to the security of
the Euro-Atlantic region.
(3) The Russian Federation's illegal and unprovoked
invasion of Ukraine is a threat to international peace and
security, a flagrant violation of international law, including
the United Nations Charter, and incompatible with international
security interests.
(4) The United States will stand with Ukraine as it defends
itself against Russian aggression, for as long as it takes.
(5) The people of the United States stand united in our
enduring support for Ukraine, rooted in our shared democratic
values and interests, above all, and respect for the United
Nations Charter and the principles of territorial integrity and
sovereignty.
(6) On June 13, 2024, the President of the United States
and the President of Ukraine signed a 10-year bilateral
security agreement (referred to in this Act as the ``Bilateral
Security Agreement''), which Congress hereby endorses as an
enduring framework between our two countries.
TITLE I--UNITED STATES POLICY TOWARD UKRAINE
SEC. 101. DECLARATION OF POLICY.
It is the policy of the United States--
(1) to support the security of Ukraine and the freedom of
the people of Ukraine to determine their own future, and to
strenuously oppose continued military force by the Russian
Federation to encroach upon the territorial integrity of
Ukraine or its existence as a free, democratic member of the
family of nations;
(2) to cooperate with Ukraine as an important partner of
the United States in promoting a whole, free, and at peace
Europe;
(3) to strengthen cooperation with the military of Ukraine
to expel Russian military forces from the territory of Ukraine,
and to transfer offensive and defensive articles to Ukraine in
order to provide a credible defense and deterrent capability
through the continued provision of--
(A) security assistance and modern military
equipment, across land, air, and sea domains,
prioritizing air defense, artillery and long-range
fires, armored vehicles, and other key capabilities,
such as combat air, and by promoting increased
interoperability with Euro-Atlantic partner;
(B) support to further develop Ukraine's defense
industrial base;
(C) training and training exercises for Ukrainian
forces;
(D) intelligence sharing and cooperation; and
(E) support for cyber defense, security, and
resilience initiatives, including to address hybrid
threats;
(4) to ensure that the costs to the Russian Federation of
its aggression continue to rise, including through sanctions
and export controls, as well as supporting efforts to hold to
account those responsible for war crimes and other
international crimes committed in and against Ukraine,
including those involving attacks on critical civilian
infrastructure and the abduction of children;
(5) that, in the event of future Russian armed attack, the
United States will immediately consult with Ukraine to
determine appropriate next steps, in accordance with our
respective legal and constitutional requirements, to provide
Ukraine with swift and sustained security assistance, modern
military equipment across land, sea, and air domains, and
economic assistance, to impose economic and other costs on
Russia, and to consult with Ukraine on its needs as it
exercises its right of self-defense enshrined in Article 51 of
the United Nations Charter; and
(6) to provide sustainable levels of security assistance
for Ukraine in support of the objectives outlined in the
Bilateral Security Agreement and its associated implementation
agreements.
TITLE II--IMPLEMENTATION OF AN ENHANCED PARTNERSHIP BETWEEN THE UNITED
STATES AND UKRAINE
SEC. 201. MODERNIZING UKRAINE'S SECURITY CAPABILITIES.
(a) Ukraine Security Programs.--The Secretary of State, in
consultation with the Secretary of Defense, shall use the authorities
under this section to strengthen the United States-Ukraine military
relationships, and to support the acceleration of the modernization of
Ukraine's military capabilities, including--
(1) long-range precision fires;
(2) integrated air and missile defense systems;
(3) anti-ship cruise missiles;
(4) land-attack cruise missiles;
(5) coastal defense;
(6) anti-armor;
(7) undersea warfare;
(8) survivable swarming maritime assets;
(9) manned and unmanned aerial systems;
(10) mining and countermining capabilities;
(11) intelligence, surveillance, and reconnaissance
capabilities;
(12) command and control systems; and
(13) any other defense capabilities that the United States
and Ukraine jointly determine are crucial to the defense of
Ukraine.
(b) Purpose.--In addition to the purposes otherwise authorized for
Foreign Military Financing programs under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), the purpose of the Foreign Military Financing
Program shall be to provide assistance, including equipment, training,
and other support, to the Government and military of Ukraine in order--
(1) to accelerate the modernization of defense capabilities
that will enable Ukraine to expel Russian Federation forces
from the territory of Ukraine;
(2) to support to the development of the Armed Forces of
Ukraine including future force design, a move towards North
Atlantic Treaty Organization (NATO) concepts and operating
procedures, command and staff training, combined exercises, and
enhanced compatibility and interoperability with NATO allies;
(3) to support capabilities and training, as well as the
infrastructure needed for Ukraine to exercise domestic control
over its own airspace;
(4) to enable the Government and military of Ukraine to
conduct coercive or grey zone activities;
(5) to enable the Government and military of Ukraine to
achieve maritime control over the territorial waters of
Ukraine, including through support to Ukraine's development of
a Navy and the Sea Guard of the State Border Guard Service of
Ukraine that can execute mine clearance, and conduct maritime
intelligence, surveillance, and reconnaissance (ISR) patrols,
coastal defense, and freedom of navigation, helping the
Government and people of Ukraine to rebuild their economy;
(6) to provide support for border protection and defense,
its engineering and fortification, surveillance, monitoring of
enemy troop movements, postwar reconstruction of border
infrastructure, demining, and disposal of explosive ordnance;
(7) support to medical training and prosthetics;
(8) to prevent the Russian Federation from decapitating,
seizing control of, or otherwise neutralizing or rendering
ineffective the Government of Ukraine; and
(9) to create and maintain a credible defense and
deterrence capability to prevent future conflict with the
Russian Federation.
(c) Budget Submission.--The President shall, concurrent with the
fiscal year budget submission to Congress pursuant to section 1105 of
title 31, United States Code, submit to the congressional defense
committees a report on the funding requirements necessary to implement
the Bilateral Security Agreement in the fiscal year for which the
budget has been submitted.
(d) Defense Articles and Services From the United States Inventory
and Other Sources.--The Secretary of State, in coordination with the
Secretary of Defense, may make available to the Government of Ukraine,
in such quantities as the Secretary of State considers appropriate for
the purpose described in the Bilateral Security Agreement--
(1) weapons and other defense articles from the United
States inventory and other sources; and
(2) defense services.
(e) Department of Defense Unfunded Priorities.--
(1) Annual report.--Not later than 180 days after the date
on which the budget of the President for fiscal year 2026 is
submitted to Congress pursuant to section 1105 of title 31,
United States Code, and annually thereafter for the next 9
years, the Secretary of Defense and the Chairman of the Joint
Chiefs of Staff shall submit to the congressional defense
committees a report on the unfunded priorities required to
implement the Bilateral Security Agreement in the fiscal year
for which the budget has been submitted.
(2) Elements.--Each report under this subsection shall
specify, for each unfunded priority covered by such report, the
following:
(A) A summary description of such priority,
including the objectives outlined in the Bilateral
Security Agreement to be advanced if such priority is
funded (whether in whole or in part).
(B) The additional amount of funds recommended in
connection with the objectives described under
subparagraph (A).
(C) Account information with respect to such
priority, including the following (as applicable):
(i) Line Item Number (LIN) for applicable
procurement accounts.
(ii) Program Element (PE) number for
applicable research, development, test, and
evaluation accounts.
(iii) Sub-activity group (SAG) for
applicable operation and maintenance accounts.
(D) A detailed assessment of each specific risk
that would be reduced in executing the Bilateral
Security Agreement if such priority is funded (whether
in whole or in part).
(E) The requirement to be addressed by the unfunded
priority.
(F) A description of any funding provided for the
requirement for the current and preceding fiscal year.
(G) Recommendations whether such funding should be
in the form of contributions, loans, or forgivable
loans in the implementation of the Bilateral Security
Agreement.
(3) Prioritization of priorities.--Each report shall
present the unfunded priorities covered by such report as
follows:
(A) In overall order of urgency of priority
according to the amount of risk reduced.
(B) In overall order of urgency of priority among
unfunded priorities.
(f) Department of State Unfunded Priorities.--
(1) Annual report.--Not later than 180 days after the date
on which the budget of the President for fiscal year 2026 is
submitted to Congress pursuant to section 1105 of title 31,
United States Code, and annually thereafter for the next 9
years, the Secretary of State shall submit to the congressional
defense committees a report on the unfunded priorities required
to implement the Bilateral Security Agreement in the fiscal
year for which the budget has been submitted.
(2) Elements.--Each report under this subsection shall
specify, for each unfunded priority covered by such report, the
following:
(A) A summary description of such priority,
including the objectives outlined in the Bilateral
Security Agreement to be advanced if such priority is
funded (whether in whole or in part).
(B) The additional amount of funds recommended in
connection with the objectives described under
subparagraph (A).
(C) Account information, as applicable, with
respect to such priority.
(D) A detailed assessment of each specific risk
that would be reduced in executing the Bilateral
Security Agreement if such priority is funded (whether
in whole or in part).
(E) The requirement to be addressed by the unfunded
priority.
(F) A description of any funding provided for the
requirement for the current and preceding fiscal year.
(G) Recommendations whether such funding should be
in the form of contributions, loans, or forgivable
loans in the implementation of the Bilateral Security
Agreement.
(3) Prioritization of priorities.--Each report shall
present the unfunded priorities covered by such report as
follows:
(A) In overall order of urgency of priority
according to the amount of risk reduced.
(B) In overall order of urgency of priority among
unfunded priorities.
SEC. 202. PRIORITIZING EXCESS DEFENSE ARTICLE TRANSFERS FOR UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that the United
States Government should appropriately prioritize the review of excess
defense article transfers to Ukraine.
(b) Five-Year Plan.--Not later than 90 days after the date of the
enactment of this Act, the President shall--
(1) develop a 5-year plan to appropriately prioritize
excess defense article transfers to Ukraine; and
(2) submit a report to the appropriate committees of
Congress that describes such plan.
(c) Required Coordination.--The United States Government shall
coordinate and align excess defense article transfers with capacity
building efforts of Ukraine.
(d) Transfer Authority.--
(1) In general.--Section 516(c)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)) is amended by
striking ``and to the Philippines'' and inserting ``, to the
Philippines, and to Ukraine''.
(2) Treatment of ukraine.--With respect to the transfer of
excess defense articles under section 516(c)(2) of the Foreign
Assistance Act of 1961, as amended by paragraph (1), Ukraine
shall receive the same benefits as the other countries referred
to in such section.
SEC. 203. FAST-TRACKING SALES TO UKRAINE UNDER FOREIGN MILITARY SALES
PROGRAM.
(a) Preclearance of Certain Foreign Military Sales Items.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in coordination with the Secretary of
Defense and in conjunction with coordinating entities such as
the National Disclosure Policy Committee and the Arms Transfer
and Technology Release Senior Steering Group, shall compile a
list of available and emerging military platforms,
technologies, and equipment that are pre-cleared and
prioritized for sale and release to Ukraine through the Foreign
Military Sales program.
(2) Selection of items.--
(A) In general.--The items pre-cleared for sale
pursuant to paragraph (1) shall represent a full range
of capabilities required to implement a strategy of
defense from Russian Federation military actions in
Ukraine informed by United States readiness and risk
assessments and determined by Ukraine to be required
for various wartime scenarios and peacetime duties.
(B) Rules of construction.--
(i) Authorized assistance.--The list
compiled pursuant to paragraph (1) shall not be
construed as limiting the type, timing, or
quantity of items that may be requested by, or
sold to, Ukraine under the Foreign Military
Sales program.
(ii) Congressional notification
requirements.--Nothing in this Act shall be
construed to supersede congressional
notification requirements as required by the
Arms Export Control Act (22 U.S.C. 2751 et
seq.) or any informal tiered review process for
congressional notifications pertaining to
foreign military sales.
(b) Prioritized Processing of Foreign Military Sales Requests From
Ukraine.--
(1) Requirement.--The Secretary of State and the Secretary
of Defense shall prioritize and expedite the processing of
requests from Ukraine under the Foreign Military Sales program,
and may not delay the processing of requests for bundling
purposes.
(2) Duration.--The requirement under paragraph (1) shall
continue until the Secretary of State determines and certifies
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that the threat to Ukraine from the Russian Federation has
significantly abated.
(c) Priority Production.--
(1) In general.--Contractors awarded Department of Defense
contracts to provide items for sale to Ukraine under the
Foreign Military Sales program should expedite and prioritize
the production of such items above the production of other
items.
(2) Annual report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter for 10
years, the Secretary of State and the Secretary of Defense
shall jointly submit to the Committee on Foreign Relations and
the Committee on Armed Services of the Senate and the Committee
on Foreign Affairs and the Committee on Armed Services of the
House of Representatives a report describing what actions the
Department of State and the Department of Defense have taken or
are planning to take to prioritize Ukraine's Foreign Military
Sales cases, and current procedures or mechanisms for
determining that a Foreign Military Sales program case for
Ukraine should be prioritized above a sale to another country
of the same or similar item.
(d) Interagency Policy.--The Secretary of State and the Secretary
of Defense shall jointly review and update interagency policies and
implementation guidance related to Foreign Military Sales program
requests from Ukraine, including incorporating the preclearance
provisions of this section.
SEC. 204. TREATMENT OF UKRAINE AS A MAJOR NON-NATO ALLY.
Notwithstanding 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)), for the 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.), section 2350a of title 10, United States
Code, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or
any other provision of law.
SEC. 205. USE OF PRESIDENTIAL DRAWDOWN AUTHORITY TO PROVIDE SECURITY
ASSISTANCE TO UKRAINE.
It is the sense of Congress that the President should use the
presidential drawdown authority under sections 506(a) and 552(c) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a) and 2348a(c)) to
provide security assistance and other necessary commodities and
services to Ukraine in support of Ukraine's self-defense.
SEC. 206. INFORMATION SECURITY.
It is the sense of Congress that the Russian Federation will
continue to manipulate information in support of its war on Ukraine and
that the United States should continue to work with Ukraine to mutually
support efforts to combat disinformation and misinformation,
specifically by--
(1) collaborating to improve Ukraine's capabilities to
counter information security threats, primarily Russian
propaganda;
(2) working with like-minded partners to communicate
effectively at an international level, offering a truthful
alternative to the Russian Federation's disinformation and
misinformation campaigns;
(3) coordinating on close collaboration of communications
to counter disinformation and misinformation; and
(4) promoting the development of joint educational and
training programs for information security professionals,
including the level of English language proficiency in this
area, and regular exchange of experience and professional
events involving information professionals.
SEC. 207. STATEMENT OF POLICY REGARDING RECOVERY AND RECONSTRUCTION IN
UKRAINE.
It is the policy of the United States as follows:
(1) The United States is steadfast in its commitment to
support Ukraine's recovery and reconstruction. The United
States will support Ukraine to build increased institutional,
economic and social resilience, with a focus on reforms that
will underpin these areas. The United States will support early
recovery activities in priority sectors, including energy,
infrastructure, tech and demining.
(2) The United States recognizes that lasting security and
prosperity for Ukraine must be underpinned by a strong private
sector-led economy. The United States will seek to build a
modern, resilient and sustainable Ukrainian economy that is
integrated into global markets, is not susceptible to hostile
Russian influence, and is based on strong and accountable
institutions, respect for the rule of law.
(3) The United States recognizes the need to unite efforts
aimed at protecting the population and territories of Ukraine
from the negative consequences caused by mines and explosive
remnants of war as a result of the Russian Federation's armed
aggression and alleviating the devastating consequences after
its completion.
(4) The United States will promote the further development
of partnership in the field of humanitarian demining, the
accumulation, analysis, exchange and application of practical
experience in the field of humanitarian demining.
(5) The United States will continue to fund demining, risk
education, and capacity building. The United States will
support the State Emergency Services of Ukraine through the
Partnership Fund for a Resilient Ukraine to develop and sustain
international demining standards in its operations.
(6) The United States also undertakes to work with other
donors to improve coordination and identify and implement
innovative finance vehicles that bring new sources of funding
into the mine action sector. The United States will work
closely within the mechanisms set up by the Ukrainian
government to support the implementation of the forthcoming
mine action strategy.
SEC. 208. LOAN AND LEASE OF DEFENSE ARTICLES TO THE GOVERNMENTS OF
UKRAINE AND EASTERN FLANK COUNTRIES.
(a) Authority To Lend or Lease Defense Articles to Certain
Governments.--
(1) In general.--Subject to paragraph (2), for the period
of fiscal years 2025 through 2035, the President may authorize
the United States Government to lend or lease defense articles
to the Government of Ukraine or to governments of Eastern
European countries impacted by the Russian Federation's
invasion of Ukraine to help bolster those countries' defense
capabilities and protect their civilian populations from
potential invasion or ongoing aggression by the armed forces of
the Government of the Russian Federation.
(2) Exclusions.--For the purposes of the authority
described in paragraph (1) as that authority relates to
Ukraine, the following provisions of law shall not apply:
(A) Section 503(b)(3) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2311(b)(3)).
(B) Section 61 of the Arms Export Control Act (22
U.S.C. 2796).
(3) Condition.--Any loan or lease of defense articles to
the Government of Ukraine under paragraph (1) shall be subject
to all applicable laws concerning the return of and
reimbursement and repayment for defense articles loan or leased
to foreign governments.
(4) Delegation of authority.--The President may delegate
the enhanced authority under this subsection only to an
official appointed by the President by and with the advice and
consent of the Senate.
(b) Procedures for Delivery of Defense Articles.--Not later than 60
days after the date of the enactment of this Act, the President shall
establish expedited procedures for the delivery of any defense article
loaned or leased to the Government of Ukraine under an agreement
entered into under subsection (a) to ensure timely delivery of the
article to that Government.
(c) Definition of Defense Article.--In this section, the term
``defense article'' has the meaning given that term in section 47 of
the Arms Export Control Act (22 U.S.C. 2794).
(d) Sense of Congress.--It is the sense of Congress that the
President should utilize the authorities provided by this section where
applicable but in such a manner that does not conflict or interfere
with the drawdown authorities provided under section 506 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318).
SEC. 209. DEPOT MAINTENANCE STRATEGIC PLAN.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall assist the Ukrainian Ministry of
Defense to create a Ukrainian Depot Maintenance Plan containing, at a
minimum--
(1) the steps necessary to put into place maintenance
planning and management processes that will yield the robust,
flexible organic depot maintenance capabilities; and
(2) plans for resetting the force by repairing or replacing
the substantial quantities of weapon systems and equipment
being worn out or lost due to Ukraine's current military
operations.
SEC. 210. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
(2) Credible defense and deterrence capability.--The term
``credible defense and deterrence capability'' means the
ability to defend against and deter any credible conventional
military threat from the Russian Federation, acting
unilaterally or in concert with partners, through the use of
conventional military means, possessed in sufficient quantity,
including weapons platforms and munitions, command, control,
communication, intelligence, surveillance, and reconnaissance
capabilities.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, 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.
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