,i #aahth ,,congress #b;d ,session ,h4 ,r4 #ieja ,,in ,,the ,,house ,,of ,,representatives ,september #i1 #bjbd,mr4 ,fitzpatrick 7for himself1 ,ms4 ,kaptur1 ,mr4 ,wilson of ,south ,carolina1 and ,mr4 ,quigley7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to promote peace1 stability1 and recovery in ,ukraine1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stand with ,ukraine ,act of #bjbd4 #b4 ,findings ,congress makes the following findings3 7#a7 ,on ,july #ab1 #bjbc1 the ,united ,states1 ,ukraine1 and other members of the ,g#g issued a ,joint ,declaration subsequently joined by #bd additional states that reaffirmed their unwavering commitment to the strategic objective of a free1 independent1 democratic1 and sovereign ,ukraine1 within its internationally recognized borders1 capable of defending itself and deterring future aggression4 7#b7 ,the security of ,ukraine is integral to the security of the ,euro-,atlantic region4 7#c7 ,the ,russian ,federation's illegal and unprovoked invasion of ,ukraine is a threat to international peace and security1 a flagrant violation of international law1 including the ,united ,nations ,charter1 and incompatible with international security interests4 7#d7 ,the ,united ,states will stand with ,ukraine as it defends itself against ,russian aggression1 for as long as it takes4 7#e7 ,the people of the ,united ,states stand united in our enduring support for ,ukraine1 rooted in our shared democratic values and interests1 above all1 and respect for the ,united ,nations ,charter and the principles of territorial integrity and sovereignty4 7#f7 ,on ,june #ac1 #bjbd1 the ,president of the ,united ,states and the ,president of ,ukraine signed a #aj-year bilateral security agreement 7referred to in this ,act as the ,bilateral ,security ,agreement71 which ,congress hereby endorses as an enduring framework between our two countries4 ,i ,united ,states policy toward ,ukraine #aja4 ,declaration of policy ,it is the policy of the ,united ,states-- 7#a7 to support the security of ,ukraine and the freedom of the people of ,ukraine to determine their own future1 and to strenuously oppose continued military force by the ,russian ,federation to encroach upon the territorial integrity of ,ukraine or its existence as a free1 democratic member of the family of nations2 7#b7 to cooperate with ,ukraine as an important partner of the ,united ,states in promoting a whole1 free1 and at peace ,europe2 7#c7 to strengthen cooperation with the military of ,ukraine to expel ,russian military forces from the territory of ,ukraine1 and to transfer offensive and defensive articles to ,ukraine in order to provide a credible defense and deterrent capability through the continued provision of-- 7,a7 security assistance and modern military equipment1 across land1 air1 and sea domains1 prioritizing air defense1 artillery and long-range fires1 armored vehicles1 and other key capabilities1 such as combat air1 and by promoting increased interoperability with ,euro-,atlantic partner2 7,b7 support to further develop ,ukraine's defense industrial base2 7,c7 training and training exercises for ,ukrainian forces2 7,d7 intelligence sharing and cooperation2 and 7,e7 support for cyber defense1 security1 and resilience initiatives1 including to address hybrid threats2 7#d7 to ensure that the costs to the ,russian ,federation of its aggression continue to rise1 including through sanctions and export controls1 as well as supporting efforts to hold to account those responsible for war crimes and other international crimes committed in and against ,ukraine1 including those involving attacks on critical civilian infrastructure and the abduction of children2 7#e7 that1 in the event of future ,russian armed attack1 the ,united ,states will immediately consult with ,ukraine to determine appropriate next steps1 in accordance with our respective legal and constitutional requirements1 to provide ,ukraine with swift and sustained security assistance1 modern military equipment across land1 sea1 and air domains1 and economic assistance1 to impose economic and other costs on ,russia1 and to consult with ,ukraine on its needs as it exercises its right of self-defense enshrined in ,article #ea of the ,united ,nations ,charter2 and 7#f7 to provide sustainable levels of security assistance for ,ukraine in support of the objectives outlined in the ,bilateral ,security ,agreement and its associated implementation agreements4 ,,ii ,implementation of an enhanced partnership between the ,united ,states and ,ukraine #bja4 ,modernizing ,ukraine's security capabilities 7a7 ,ukraine security programs ,the ,secretary of ,state1 in consultation with the ,secretary of ,defense1 shall use the authorities under this section to strengthen the ,united ,states-,ukraine military relationships1 and to support the acceleration of the modernization of ,ukraine's military capabilities1 including-- 7#a7 long-range precision fires2 7#b7 integrated air and missile defense systems2 7#c7 anti-ship cruise missiles2 7#d7 land-attack cruise missiles2 7#e7 coastal defense2 7#f7 anti-armor2 7#g7 undersea warfare2 7#h7 survivable swarming maritime assets2 7#i7 manned and unmanned aerial systems2 7#aj7 mining and countermining capabilities2 7#aa7 intelligence1 surveillance1 and reconnaissance capabilities2 7#ab7 command and control systems2 and 7#ac7 any other defense capabilities that the ,united ,states and ,ukraine jointly determine are crucial to the defense of ,ukraine4 7b7 ,purpose ,in addition to the purposes otherwise authorized for ,foreign ,military ,financing programs under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 the purpose of the ,foreign ,military ,financing ,program shall be to provide assistance1 including equipment1 training1 and other support1 to the ,government and military of ,ukraine in order-- 7#a7 to accelerate the modernization of defense capabilities that will enable ,ukraine to expel ,russian ,federation forces from the territory of ,ukraine2 7#b7 to support to the development of the ,armed ,forces of ,ukraine including future force design1 a move towards ,north ,atlantic ,treaty ,organization 7,,nato7 concepts and operating procedures1 command and staff training1 combined exercises1 and enhanced compatibility and interoperability with ,,nato allies2 7#c7 to support capabilities and training1 as well as the infrastructure needed for ,ukraine to exercise domestic control over its own airspace2 7#d7 to enable the ,government and military of ,ukraine to conduct coercive or grey zone activities2 7#e7 to enable the ,government and military of ,ukraine to achieve maritime control over the territorial waters of ,ukraine1 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 clearance1 and conduct maritime intelligence1 surveillance1 and reconnaissance 7,,isr7 patrols1 coastal defense1 and freedom of navigation1 helping the ,government and people of ,ukraine to rebuild their economy2 7#f7 to provide support for border protection and defense1 its engineering and fortification1 surveillance1 monitoring of enemy troop movements1 postwar reconstruction of border infrastructure1 demining1 and disposal of explosive ordnance2 7#g7 support to medical training and prosthetics2 7#h7 to prevent the ,russian ,federation from decapitating1 seizing control of1 or otherwise neutralizing or rendering ineffective the ,government of ,ukraine2 and 7#i7 to create and maintain a credible defense and deterrence capability to prevent future conflict with the ,russian ,federation4 7c7 ,budget submission ,the ,president shall1 concurrent with the fiscal year budget submission to ,congress pursuant to section #aaje of title #ca1 ,united ,states ,code1 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 submitted4 7d7 ,defense articles and services from the ,united ,states inventory and other sources ,the ,secretary of ,state1 in coordination with the ,secretary of ,defense1 may make available to the ,government of ,ukraine1 in such quantities as the ,secretary of ,state considers appropriate for the purpose described in the ,bilateral ,security ,agreement-- 7#a7 weapons and other defense articles from the ,united ,states inventory and other sources2 and 7#b7 defense services4 7e7 ,department of ,defense unfunded priorities 7#a7 ,annual report ,not later than #ahj days after the date on which the budget of the ,president for fiscal year #bjbf is submitted to ,congress pursuant to section #aaje of title #ca1 ,united ,states ,code1 and annually thereafter for the next #i years1 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 submitted4 7#b7 ,elements ,each report under this subsection shall specify1 for each unfunded priority covered by such report1 the following3 7,a7 ,a summary description of such priority1 including the objectives outlined in the ,bilateral ,security ,agreement to be advanced if such priority is funded 7whether in whole or in part74 7,b7 ,the additional amount of funds recommended in connection with the objectives described under subparagraph 7,a74 7,c7 ,account information with respect to such priority1 including the following 7as applicable73 7i7 ,line ,item ,number 7,,lin7 for applicable procurement accounts4 7ii7 ,program ,element 7,,pe7 number for applicable research1 development1 test1 and evaluation accounts4 7iii7 ,sub-activity group 7,,sag7 for applicable operation and maintenance accounts4 7,d7 ,a detailed assessment of each specific risk that would be reduced in executing the ,bilateral ,security ,agreement if such priority is funded 7whether in whole or in part74 7,e7 ,the requirement to be addressed by the unfunded priority4 7,f7 ,a description of any funding provided for the requirement for the current and preceding fiscal year4 7,g7 ,recommendations whether such funding should be in the form of contributions1 loans1 or forgivable loans in the implementation of the ,bilateral ,security ,agreement4 7#c7 ,prioritization of priorities ,each report shall present the unfunded priorities covered by such report as follows3 7,a7 ,in overall order of urgency of priority according to the amount of risk reduced4 7,b7 ,in overall order of urgency of priority among unfunded priorities4 7f7 ,department of ,state unfunded priorities 7#a7 ,annual report ,not later than #ahj days after the date on which the budget of the ,president for fiscal year #bjbf is submitted to ,congress pursuant to section #aaje of title #ca1 ,united ,states ,code1 and annually thereafter for the next #i years1 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 submitted4 7#b7 ,elements ,each report under this subsection shall specify1 for each unfunded priority covered by such report1 the following3 7,a7 ,a summary description of such priority1 including the objectives outlined in the ,bilateral ,security ,agreement to be advanced if such priority is funded 7whether in whole or in part74 7,b7 ,the additional amount of funds recommended in connection with the objectives described under subparagraph 7,a74 7,c7 ,account information1 as applicable1 with respect to such priority4 7,d7 ,a detailed assessment of each specific risk that would be reduced in executing the ,bilateral ,security ,agreement if such priority is funded 7whether in whole or in part74 7,e7 ,the requirement to be addressed by the unfunded priority4 7,f7 ,a description of any funding provided for the requirement for the current and preceding fiscal year4 7,g7 ,recommendations whether such funding should be in the form of contributions1 loans1 or forgivable loans in the implementation of the ,bilateral ,security ,agreement4 7#c7 ,prioritization of priorities ,each report shall present the unfunded priorities covered by such report as follows3 7,a7 ,in overall order of urgency of priority according to the amount of risk reduced4 7,b7 ,in overall order of urgency of priority among unfunded priorities4 #bjb4 ,prioritizing excess defense article transfers for ,ukraine 7a7 ,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 ,ukraine4 7b7 ,five-,year plan ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall-- 7#a7 develop a #e-year plan to appropriately prioritize excess defense article transfers to ,ukraine2 and 7#b7 submit a report to the appropriate committees of ,congress that describes such plan4 7c7 ,required coordination ,the ,united ,states ,government shall coordinate and align excess defense article transfers with capacity building efforts of ,ukraine4 7d7 ,transfer authority 7#a7 ,in general ,section #eaf7;c77#b7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcba;j7c77#b77 is amended by striking and to the ,philippines and inserting 1 to the ,philippines1 and to ,ukraine4 7#b7 ,treatment of ,ukraine ,with respect to the transfer of excess defense articles under section #eaf7;c77#b7 of the ,foreign ,assistance ,act of #aifa1 as amended by paragraph 7#a71 ,ukraine shall receive the same benefits as the other countries referred to in such section4 #bjc4 ,fast-tracking sales to ,ukraine under foreign military sales program 7a7 ,preclearance of certain foreign military sales items 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state1 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 ,group1 shall compile a list of available and emerging military platforms1 technologies1 and equipment that are pre-cleared and prioritized for sale and release to ,ukraine through the ,foreign ,military ,sales program4 7#b7 ,selection of items 7,a7 ,in general ,the items pre-cleared for sale pursuant to paragraph 7#a7 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 duties4 7,b7 ,rules of construction 7i7 ,authorized assistance ,the list compiled pursuant to paragraph 7#a7 shall not be construed as limiting the type1 timing1 or quantity of items that may be requested by1 or sold to1 ,ukraine under the ,foreign ,military ,sales program4 7ii7 ,congressional notification requirements ,nothing in this ,act shall be construed to supersede congressional notification requirements as required by the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 or any informal tiered review process for congressional notifications pertaining to foreign military sales4 7b7 ,prioritized processing of foreign military sales requests from ukraine 7#a7 ,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 program1 and may not delay the processing of requests for bundling purposes4 7#b7 ,duration ,the requirement under paragraph 7#a7 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 abated4 7c7 ,priority production 7#a7 ,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 items4 7#b7 ,annual report ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for #aj years1 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 cases1 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 item4 7d7 ,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 ,ukraine1 including incorporating the preclearance provisions of this section4 #bjd4 ,treatment of ,ukraine as a major non-,,nato ally ,notwithstanding any other provision of law1 ,ukraine shall be treated as though it were designated a major non-,,nato ally1 as defined in section #fdd7q7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bdjc7q771 for the purposes of the transfer or possible transfer of defense articles or defense services under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 section #bcej;a of title #aj1 ,united ,states ,code1 the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq471 or any other provision of law4 #bje4 ,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 #ejf7;a7 and #eeb7;c7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcah7;a7 and #bcdh;a7c77 to provide security assistance and other necessary commodities and services to ,ukraine in support of ,ukraine's self-defense4 #bjf4 ,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 misinformation1 specifically by-- 7#a7 collaborating to improve ,ukraine's capabilities to counter information security threats1 primarily ,russian propaganda2 7#b7 working with like-minded partners to communicate effectively at an international level1 offering a truthful alternative to the ,russian ,federation's disinformation and misinformation campaigns2 7#c7 coordinating on close collaboration of communications to counter disinformation and misinformation2 and 7#d7 promoting the development of joint educational and training programs for information security professionals1 including the level of ,english language proficiency in this area1 and regular exchange of experience and professional events involving information professionals4 #bjg4 ,statement of policy regarding recovery and reconstruction in ,ukraine ,it is the policy of the ,united ,states as follows3 7#a7 ,the ,united ,states is steadfast in its commitment to support ,ukraine's recovery and reconstruction4 ,the ,united ,states will support ,ukraine to build increased institutional1 economic and social resilience1 with a focus on reforms that will underpin these areas4 ,the ,united ,states will support early recovery activities in priority sectors1 including energy1 infrastructure1 tech and demining4 7#b7 ,the ,united ,states recognizes that lasting security and prosperity for ,ukraine must be underpinned by a strong private sector-led economy4 ,the ,united ,states will seek to build a modern1 resilient and sustainable ,ukrainian economy that is integrated into global markets1 is not susceptible to hostile ,russian influence1 and is based on strong and accountable institutions1 respect for the rule of law4 7#c7 ,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 completion4 7#d7 ,the ,united ,states will promote the further development of partnership in the field of humanitarian demining1 the accumulation1 analysis1 exchange and application of practical experience in the field of humanitarian demining4 7#e7 ,the ,united ,states will continue to fund demining1 risk education1 and capacity building4 ,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 operations4 7#f7 ,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 sector4 ,the ,united ,states will work closely within the mechanisms set up by the ,ukrainian government to support the implementation of the forthcoming mine action strategy4 #bjh4 ,loan and lease of defense articles to the ,governments of ,ukraine and eastern flank countries 7a7 ,authority ,to lend or lease defense articles to certain governments 7#a7 ,in general ,subject to paragraph 7#b71 for the period of fiscal years #bjbe through #bjce1 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 ,federation4 7#b7 ,exclusions ,for the purposes of the authority described in paragraph 7#a7 as that authority relates to ,ukraine1 the following provisions of law shall not apply3 7,a7 ,section #ejc7;b77#c7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcaa7;b77#c774 7,b7 ,section #fa of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgif74 7#c7 ,condition ,any loan or lease of defense articles to the ,government of ,ukraine under paragraph 7#a7 shall be subject to all applicable laws concerning the return of and reimbursement and repayment for defense articles loan or leased to foreign governments4 7#d7 ,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 ,senate4 7b7 ,procedures for delivery of defense articles ,not later than #fj days after the date of the enactment of this ,act1 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 7a7 to ensure timely delivery of the article to that ,government4 7c7 ,definition of defense article ,in this section1 the term defense article has the meaning given that term in section #dg of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgid74 7d7 ,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 #ejf of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcah74 #bji4 ,depot maintenance strategic plan ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,defense shall assist the ,ukrainian ,ministry of ,defense to create a ,ukrainian ,depot ,maintenance ,plan containing1 at a minimum-- 7#a7 the steps necessary to put into place maintenance planning and management processes that will yield the robust1 flexible organic depot maintenance capabilities2 and 7#b7 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 operations4 #baj4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,relations1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,affairs1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,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 ,federation1 acting unilaterally or in concert with partners1 through the use of conventional military means1 possessed in sufficient quantity1 including weapons platforms and munitions1 command1 control1 communication1 intelligence1 surveillance1 and reconnaissance capabilities4