[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4992 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4992

  To promote peace, stability, and recovery in Ukraine, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 9, 2024

 Mr. Blumenthal (for himself and Mr. Graham) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 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.
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