[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7925-S7929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4417. Mr. RISCH (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

          Subtitle H--Ukraine Security Partnership Act of 2021

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Ukraine Security 
     Partnership Act of 2021''.

     SEC. 1292. FINDINGS.

       Congress makes the following findings:
       (1) Throughout its history, Ukraine has experienced several 
     long periods of occupation.
       (2) Between 1919 and 1991, Ukraine was brutally ruled by 
     the Soviet Union, whose policy of agricultural 
     collectivization caused the Holodomor of 1932-1933, a man-
     made famine that resulted in the death of at least 3,000,000 
     Ukrainians by starvation.
       (3) During the Nazi occupation of Ukraine accompanying 
     World War II--
       (A) approximately 3,500,000 Ukrainian civilians and 
     3,000,000 soldiers were killed; and
       (B) approximately 1,500,000 Jews were massacred.
       (4) Ukraine declared its independence from Moscow in 1991, 
     after the collapse of the Soviet Union.
       (5) In the 1994 Budapest Memorandum, the Russian 
     Federation, the United States, and the United Kingdom pledged 
     to ``respect the independence and sovereignty and the 
     existing borders of Ukraine'' and ``refrain from the threat 
     or use of force against the territorial integrity or 
     political independence of Ukraine'' in exchange for Ukraine's 
     surrender of its nuclear arsenal.
       (6) From November 2004 through January 2005, thousands of 
     Ukrainians took to the streets to peacefully protest 
     electoral fraud and widespread corruption by the ruling elite 
     in the 2004 Presidential election, successfully triggering a 
     re-vote, in what became known as the Orange Revolution.
       (7) During Ukraine's 2014 Revolution of Dignity, or 
     Euromaidan, the pro-Russian government of President Viktor 
     Yanukovych was forced to resign after thousands of Ukrainians 
     peacefully protested Yanukovych's decision to reject a closer 
     relationship with the European Union and his continued 
     systemic corruption, and over 100 of those protestors were 
     killed by violent government suppression.
       (8) Fearful of Ukraine's strengthened pro-Western 
     orientation after the Revolution of Dignity, the Government 
     of the Russian Federation, in violation of international law 
     and in contravention of its commitments in the Budapest 
     Memorandum--
       (A) sent undisclosed military personnel into Ukraine's 
     Autonomous Republic of Crimea in February 2014 and has 
     illegally occupied the Crimean Peninsula for the past seven 
     years;
       (B) sent covert, unmarked military personnel into the 
     Ukrainian regions of Donetsk and Luhansk in April 2014, 
     instigating and supporting a still-ongoing conflict that has 
     cost nearly 14,000 lives; and
       (C) provided the Buk missile system used by those Russia-
     led forces to shoot down Malaysian Airlines Flight 17 over 
     eastern Ukraine in July 2014, killing all 298 passengers and 
     crew on board.
       (9) Under Russian control, Crimean authorities have 
     kidnapped, imprisoned, and tortured Crimean Tatars, 
     opposition figures, activists, and other minority 
     populations, and have persecuted religious minorities by 
     pressing false charges of terrorism and deregistering 
     religious centers.

[[Page S7926]]

       (10) In September 2014, in an attempt to stop the fighting 
     that the Russian Federation had initiated in eastern Ukraine, 
     France, Germany, Ukraine, the Russian Federation, the 
     Organization for Security and Cooperation (OSCE), and Russia-
     led forces from eastern Ukraine signed the Minsk Protocol.
       (11) In February 2015, after the failure of the initial 
     Minsk Protocol, the Russian Federation committed to the Minsk 
     II Agreement, the roadmap for resolving the conflict in 
     eastern Ukraine, signed by the Governments of Ukraine, 
     Russia, France, and Germany.
       (12) Despite these agreements, the Government of the 
     Russian Federation continues to violate Ukrainian sovereignty 
     through--
       (A) manipulation of Ukraine's dependence on Russian natural 
     gas, including cutting off access in 2014, which deprived 
     Ukraine of its energy supply and transit fees;
       (B) espionage and clandestine assassinations on Ukrainian 
     territory;
       (C) continuous cyber warfare against the Government of 
     Ukraine and Ukrainian businesses, such as the NotPetya hack 
     in 2017; and
       (D) seizure of Ukrainian property and citizens, including 
     the November 2018 seizure in the Kerch Strait of three 
     Ukrainian naval vessels and 24 Ukrainian officers on board 
     those vessels.
       (13) In July 2018, Secretary of State Michael R. Pompeo 
     issued the Crimea Declaration and reiterated in February 2020 
     on the sixth anniversary of Russia's illegal occupation that 
     ``Crimea is Ukraine''.
       (14) On February 26, 2021 President Joseph R. Biden 
     confirmed that Crimea is Ukraine and the United States does 
     not and will never recognize Russia's purported annexation of 
     the peninsula.
       (15) Since April 2014, at least 4,100 Ukrainian soldiers 
     have died fighting for their country against the Russian 
     Federation and Russia-led forces, while no less than 3,361 
     civilians have perished as a result of that fighting.
       (16) Despite Ukraine's tumultuous history and neighborhood, 
     in under 30 years it has risen from the collapse of the 
     Soviet Union to become a developing democracy, steadily 
     working to overcome its Soviet legacy of oppression, 
     oligarchic control, and corruption.
       (17) Running on a strong anti-corruption platform, 
     Volodymyr Zelensky won the 2019 presidential election with 73 
     percent of the vote, and his political party, Servant of the 
     People, won a parliamentary majority in the Ukrainian 
     parliament.
       (18) The OSCE confirmed the 2019 elections were 
     ``competitive and fundamental freedoms were generally 
     respected''.
       (19) In March and April 2021, the Russian Federation 
     amassed over 75,000 troops on its border with the Eastern 
     Ukraine and in the occupied territory of Crimea.
       (20) Since 2014, the Government of Ukraine has made 
     difficult and substantial reforms in an effort to address 
     corruption and more closely align with the West, such as 
     slimming and decentralizing its bureaucracy, removing 
     immunity from prosecution for Members of Parliament, 
     reforming its gas, pension, and procurement systems, and 
     working to adapt its military to the standards of the North 
     Atlantic Treaty Organization (NATO).
       (21) Despite progress in reforming many areas of Ukrainian 
     governance, serious issues still remain, particularly in the 
     areas of corruption and rule of law.
       (22) The United States Government has consistently 
     supported Ukraine's democratic transition and its fight 
     against Russia-led forces by assisting its governance reform 
     efforts, maintaining robust and coordinated sanctions against 
     the Russian Federation alongside the European Union, and 
     providing the Ukrainian military with training and equipment, 
     including lethal defensive weaponry.
       (23) In addition to the United States, the European Union, 
     European countries, and Canada have provided substantial 
     diplomatic, monetary, and military support for Ukraine's 
     democratic transition and its fight against Russia-led forces 
     in eastern Ukraine, and also have implemented and maintained 
     robust sanctions regimes against the Russian Federation for 
     its illegal occupation of Crimea and its active 
     destabilization of Ukraine.
       (24) the Government of Ukraine has steadfastly supported 
     the United States and European allies by deploying troops to 
     Iraq, Afghanistan, and NATO's Kosovo Force (KFOR), allowing 
     United States military planes to refuel on Ukrainian soil, 
     and trading billions of dollars' worth of goods and services 
     with the United States.
       (25) NATO has recently decided to include Ukraine in its 
     Enhanced Opportunities Partnership in recognition of 
     Ukraine's contributions to NATO missions and efforts to 
     reform its military in line with NATO standards.
       (26) Since the Russian Federation's 2014 invasion of 
     Ukraine, the United States Congress has demonstrated its 
     support for Ukraine through the passage of legislation, 
     including the Support for the Sovereignty, Integrity, 
     Democracy, and Economic Stability of Ukraine Act of 2014 
     (Public Law 113-95; 22 U.S.C. 8901 et seq.), the Ukraine 
     Freedom Support Act (Public Law 113-272; 22 U.S.C. 8921 et 
     seq.), the Ukraine Security Assistance Initiative established 
     under section 1250 of the National Defense Authorization Act 
     for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068), the 
     Countering America's Adversaries Through Sanctions Act 
     (Public Law 115-44), and the Protecting Europe's Energy 
     Security Act of 2019 (Public Law 116-92, title LXXV), and the 
     United States Congress continues to demonstrate strong 
     support for assisting Ukraine in defending itself and 
     deterring Russia.

     SEC. 1293. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) Ukraine stands as a bulwark against the malign 
     influence of the Russian Federation in Europe, and robust 
     United States support for Ukraine is vital to United States 
     national security and demonstrates the commitment of the 
     United States to upholding a free and open international 
     order;
       (2) since Ukraine's independence in 1991, the Government 
     and people of Ukraine have made significant strides towards 
     improved governance, rule of law, anti-corruption measures, 
     and economic reforms;
       (3) Ukraine's long-term viability is directly connected to 
     its efforts to reduce corruption and build strong democratic 
     institutions that are able to defend against internal and 
     external corrupt actors;
       (4) the efforts and sacrifices of Ukrainian citizens to 
     determine their own fate after centuries of oppression, 
     through democratic representation and governance reforms, is 
     evidence of that country's dedication to a free, independent, 
     and democratic future;
       (5) Ukraine has proven itself to be a valuable security 
     partner of the United States, not simply a recipient of 
     assistance;
       (6) it is in the national security interests of the United 
     States to continue and deepen its security partnership with 
     Ukraine, including through the provision of both lethal and 
     non-lethal assistance;
       (7) the United States should continue to place policy-based 
     conditions on Ukraine's receipt of financial and military 
     assistance, as that mechanism has proven effective in 
     incentivizing reforms in Ukraine;
       (8) the United States should use its voice and vote at NATO 
     to encourage the adoption of a policy by the Alliance that 
     all of its member states will refuse to recognize the illegal 
     attempted annexation of Crimea by the Russian Federation;
       (9) the United States should support at the highest level 
     and take an active part in the Ukrainian ``Crimean Platform'' 
     initiative to ensure that the international community's 
     attention remains focused on--
       (A) the unacceptable violation of Ukraine's territorial 
     integrity in Crimea; and
       (B) working towards the reversal of such violation;
       (10) the United States should continue to bolster the 
     capacity of the Ukrainian Navy as it strives to fulfill the 
     goals it set out in its ``Strategy of the Naval Forces of the 
     Armed Forces of Ukraine 2035'';
       (11) the military-focused technical, training, maintenance, 
     and logistical assistance provided by the United States to 
     Ukraine is as essential as the military hardware provided to 
     the country;
       (12) all security assistance provided to Ukraine should 
     continue to be subject to rigorous vetting requirements under 
     section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2378d) and security cooperation under section 362 of title 
     10, United States Code, including assistance provided to 
     units in the National Guard of Ukraine as well as all units 
     falling under the authority of the Ministry of Defense;
       (13) the Office of Defense Cooperation at the United States 
     Embassy in Ukraine should be fully staffed with officers who 
     serve three-year terms in order to administer the security 
     assistance being provided to the country;
       (14) the Secretary of Defense should conduct an assessment 
     of the staffing resources of the Office of Defense 
     Cooperation and strongly consider providing additional staff 
     to the Office of Defense Cooperation in Ukraine;
       (15) the United States should continue to support Ukraine's 
     NATO aspirations, including through work towards a Membership 
     Action Plan;
       (16) the enduring partnership between the United States and 
     Ukraine, including bipartisan support for a sovereign, 
     democratic, and whole Ukraine through political, monetary, 
     and military assistance, remains strong and must continue to 
     be reaffirmed; and
       (17) the United States should continue to strongly support 
     Ukraine's ambitions to join the Euro-Atlantic community of 
     democracies.

     SEC. 1294. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to refuse to recognize the attempted annexation of 
     Crimea by the Russian Federation, an action that was taken in 
     contravention of international law;
       (2) to utilize existing sanctions and other authorities to 
     deter malign actions by the Russian Federation in or intended 
     to harm Ukraine, including the mandates and authorities 
     codified by--
       (A) the Countering America's Adversaries Through Sanctions 
     Act (22 U.S.C. 9401 et seq.); and
       (B) the Protecting Europe's Energy Security Act of 2019 
     (title LXXV of Public Law 116-92; 22 U.S.C. 9526 note);
       (3) to work with our European allies to coordinate 
     strategies to curtail Russian malign influence in Ukraine;
       (4) to work with our allies and partners to conduct more 
     frequent multinational freedom of navigation operations in 
     the Black Sea in order to demonstrate support for Ukraine's 
     internationally-recognized maritime boundaries, to safeguard 
     the unimpeded

[[Page S7927]]

     traffic of lawful commerce, and to push back against 
     excessive Russian Federation claims of sovereignty;
       (5) to work with our allies and partners to demonstrate 
     support for Ukraine's territorial integrity, including its 
     internationally-recognized land borders; and
       (6) to support democratic, economic, and anti-corruption 
     reforms in Ukraine and the country's integration into Euro-
     Atlantic institutions.

     SEC. 1295. STRATEGY ON UNITED STATES DIPLOMATIC SUPPORT FOR 
                   UKRAINE.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a report 
     with a strategy on how the United States will work to 
     diplomatically support Ukraine during fiscal years 2022 
     through 2026.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description of how relevant departments and agencies 
     of the United States Government will work together to 
     collectively support efforts by the Government of Ukraine to 
     deter Russian aggression in the form of military incursions, 
     cyber attacks, the coercive use of energy resources, the 
     disruption of lawful commerce and traffic to Ukrainian ports, 
     use of passportization, and efforts to corrupt the Ukrainian 
     political and economic systems.
       (2) A description of the United States' current efforts and 
     strategy to support Ukrainian diplomatic initiatives when 
     they align with United States interests.
       (3) A strategy on how the United States will use its voice 
     and vote at the United Nations, OSCE, Council of Europe, 
     NATO, and other relevant international bodies to support 
     Ukraine and its reform efforts.
       (4) A strategy on how the United States will assist Ukraine 
     in bolstering its diplomatic, economic, energy, and maritime 
     relationships with key Black Sea countries, including 
     Bulgaria, Romania, Turkey, and Georgia.
       (5) A strategy on how the United States will engage with 
     Germany, France, Ukraine, and Russia to advance the Normandy 
     Format and Minsk Agreements.
       (6) An assessment of Ukraine's recent progress on anti-
     corruption reforms and a strategy on how the United States 
     will work with allies to continue to engage Ukraine to ensure 
     meaningful progress on democratic, economic, and anti-
     corruption reforms.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.

     SEC. 1296. UNITED STATES-EUROPE WORKING GROUP ON UKRAINE.

       (a) In General.--The Secretary of State should seek to 
     establish a United States-Europe Working Group on Ukraine.
       (b) Representation.--The United States-Europe Working Group 
     on Ukraine should include high-level representatives from the 
     European Union, its institutions, and relevant European 
     governments, as appropriate, to jointly prioritize, evaluate 
     and coordinate economic and policy reform assistance and 
     support for Ukraine.
       (c) Termination.--The authorities authorized under this 
     section shall terminate on September 30 of the fifth fiscal 
     year beginning after the date of the enactment of this Act.

     SEC. 1297. SPECIAL ENVOY FOR UKRAINE.

       (a) Establishment.--The President should appoint, by and 
     with the consent of the Senate, a Special Envoy for Ukraine, 
     who should report to the Assistant Secretary of State for 
     Europe and Eurasia.
       (b) Rank.--The Special Envoy for Ukraine shall have the 
     rank and status of ambassador.
       (c) Responsibilities.--The Special Envoy for Ukraine 
     should--
       (1) serve as the United States liaison to the Normandy 
     Format, tasked with leading the peace process between Ukraine 
     and the Russian Federation;
       (2) facilitate diplomatic outreach to and dialogue with 
     countries in the Black Sea region that, like Ukraine, are 
     faced with the impact of Russia's growing militarization of 
     the Sea;
       (3) coordinate closely with the Chief of Mission in 
     Ukraine;
       (4) coordinate with the United States-Europe Working Group 
     on Ukraine established pursuant to section 1296;
       (5) coordinate with the OSCE Special Monitoring Mission to 
     Ukraine; and
       (6) provide the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives regular updates and briefings on the status 
     of peace negotiations.
       (d) Termination.--The Special Envoy for Ukraine position 
     authorized under subsection (a) shall terminate 5 years after 
     the date of the enactment of this Act.

     SEC. 1298. FOREIGN MILITARY FINANCING.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Department of State for each of 
     fiscal years 2022 through 2026 $300,000,000 for Foreign 
     Military Financing (FMF) assistance to Ukraine to assist the 
     country in meeting its defense needs.
       (b) Availability of Funds.--
       (1) In general.--Of the amount authorized to be 
     appropriated for each fiscal year pursuant to subsection (a), 
     not more than $150,000,000 shall be made available until the 
     Secretary of State makes the certification described in 
     paragraph (2) for such fiscal year, including a detailed 
     explanation justifying the certification with respect to each 
     of the categories listed in subparagraphs (A) through (G) of 
     such paragraph. The certification shall be submitted to the 
     appropriate congressional committees in unclassified form, 
     but may contain a classified annex.
       (2) Certification.--The certification described in this 
     paragraph is a certification by the Secretary of State, in 
     coordination with the Secretary of Defense, that the 
     Government of Ukraine has taken actions to--
       (A) make defense institutional reforms, in accordance with 
     NATO standards;
       (B) further strengthen civilian control of the military;
       (C) reform its state-owned arms production sector;
       (D) increase transparency and accountability in defense 
     procurement;
       (E) respect Verkhovna Rada efforts to exercise oversight of 
     the Ministry of Defense and military forces;
       (F) promote respect for the observation of human rights as 
     enshrined in the requirements of section 620M of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2378d) within the security 
     forces of Ukraine; and
       (G) support the work of Ukraine's anti-corruption bodies, 
     including the High Anti-Corruption Court, National Anti-
     Corruption Bureau, and the Special Anti-Corruption 
     Prosecutor's Office.
       (c) Notice to Congress.--Not later than 15 days before 
     providing assistance or support pursuant to subsection (a), 
     the Secretary of State shall submit to the appropriate 
     congressional committees a notification containing the 
     following:
       (1) A detailed description of the assistance or support to 
     be provided, including--
       (A) the objectives of such assistance or support;
       (B) the budget for such assistance or support; and
       (C) the expected or estimated timeline for delivery of such 
     assistance or support.
       (2) A description of such other matters as the Secretary 
     considers appropriate.
       (d) Sense of Congress.--It is the sense of Congress that 
     assistance provided under this section should--
       (1) prioritize the procurement of vessels for the Ukrainian 
     Navy and other articles that bolster the capacity of the 
     Ukrainian Navy to counter Russian maritime aggression and 
     maintain the freedom of innocent passage throughout the Black 
     Sea; and
       (2) ensure adequate planning for maintenance for any 
     equipment provided.
       (e) Authority To Provide Lethal Assistance.--The Secretary 
     of State is authorized to provide lethal assistance under 
     this section, including anti-armor weapon systems, mortars, 
     crew-served weapons and ammunition, grenade launchers and 
     ammunition, anti-tank weapons systems, anti-ship weapons 
     systems, anti-aircraft weapons systems, and small arms and 
     ammunition.

     SEC. 1299. EXPEDITED EXCESS DEFENSE ARTICLES TRANSFER 
                   PROGRAM.

       During fiscal years 2022 through 2026, the delivery of 
     excess defense articles to Ukraine shall be given the same 
     priority as that given other countries and regions under 
     section 516(c)(2) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(c)(2)).

     SEC. 1299A. STRATEGY ON EXCESS DEFENSE ARTICLES FROM ALLIES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State in 
     consultation with the Secretary of Defense, shall submit to 
     the appropriate congressional committees a classified 
     strategy on how the United States will encourage third 
     countries to donate excess defense equipment to Ukraine.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A listing of all friendly and allied nations that have 
     excess defense material that may be compatible with the needs 
     and systems utilized by the Armed Forces of Ukraine.
       (2) A description of the diplomatic efforts undertaken by 
     the United States Government to encourage allied nations to 
     donate their excess defense articles to Ukraine on an 
     expedited basis.

     SEC. 1299B. IMET COOPERATION WITH UKRAINE.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of State $4,000,000 for 
     each of fiscal years 2022 through 2026 for International 
     Military Education and Training (IMET) assistance for 
     Ukraine. The assistance shall be made available for the 
     following purposes:
       (1) Training of future leaders.
       (2) Fostering a better understanding of the United States.
       (3) Establishing a rapport between the United States Armed 
     Forces and Ukraine's military to build partnerships for the 
     future.
       (4) Enhancement of interoperability and capabilities for 
     joint operations.
       (5) Focusing on professional military education, civilian 
     control of the military, and human rights.
       (b) Notice to Congress.--Not later than 15 days before 
     providing assistance or support pursuant to subsection (a), 
     the Secretary of State shall submit to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives a notification 
     containing the following elements:
       (1) A detailed description of the assistance or support to 
     be provided, including--
       (A) the objectives of such assistance or support;
       (B) the budget for such assistance or support; and

[[Page S7928]]

       (C) the expected or estimated timeline for delivery of such 
     assistance or support.
       (2) A description of such other matters as the Secretary 
     considers appropriate.

     SEC. 1299C. STRATEGY ON IMET PROGRAMMING IN UKRAINE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Government of Ukraine should fully utilize the United 
     States IMET program, encourage eligible officers and civilian 
     leaders to participate in the training, and promote 
     successful graduates to positions of prominence in the 
     Ukrainian Armed Forces.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a strategy 
     for the implementation of the IMET program in Ukraine 
     authorized under section 1299B.
       (c) Elements.--The strategy required under subsection (a) 
     shall include the following elements:
       (1) A clear plan, developed in close consultation with the 
     Ukrainian Ministry of Defense and the Armed Forces of 
     Ukraine, for how the IMET program will be used by the United 
     States Government and the Government of Ukraine to propel 
     program graduates to positions of prominence in support of 
     the Ukrainian military's reform efforts in line with NATO 
     standards.
       (2) An assessment of the education and training 
     requirements of the Ukrainian military and clear 
     recommendations for how IMET graduates should be assigned by 
     the Ukrainian Ministry of Defense upon completion of 
     education or training.
       (3) An accounting of the current combat requirements of the 
     Ukrainian military and an assessment of the viability of 
     alternative mobile training teams, distributed learning, and 
     other flexible solutions to reach such students.
       (4) An identification of opportunities to influence the 
     next generation of leaders through attendance at United 
     States staff and war colleges, junior leader development 
     programs, and technical schools.
       (d) Form.--The strategy required under subsection (a) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.

     SEC. 1299D. SENSE OF CONGRESS ON LOAN PROGRAM.

       It is the sense of Congress that--
       (1) as appropriate, the United States Government should 
     provide direct loans to Ukraine for the procurement of 
     defense articles, defense services, and design and 
     construction services pursuant to the authority of section 23 
     of the Arms Export Control Act (22 U.S.C. 2763) to support 
     the further development of Ukraine's military forces; and
       (2) such loans should be considered an additive security 
     assistance tool, and not a substitute for Foreign Military 
     Financing for grant assistance or Ukraine Security Assistance 
     Initiative programming.

     SEC. 1299E. STRATEGY TO PROTECT UKRAINE'S DEFENSE INDUSTRY 
                   FROM STRATEGIC COMPETITORS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should work with the Government of Ukraine 
     to ensure strategic assets and companies in Ukraine's 
     aerospace and defense sector are not subject to foreign 
     ownership, control, or undue influence by strategic 
     competitors to the United States, such as the People's 
     Republic of China (PRC). These efforts will require support 
     from across the Executive Branch and should leverage all 
     available tools and authorities.
       (b) Strategy Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President, acting through the 
     Secretary of Defense and the Secretary of State and in 
     consultation with the heads of other relevant Departments and 
     agencies as the President may determine, shall submit to the 
     appropriate committees of Congress a strategy to support 
     Ukraine in protecting its aerospace and defense industry from 
     predatory investments.
       (2) Elements.--The strategy required under paragraph (1) 
     shall include the following elements:
       (A) An assessment of the efforts by strategic competitors, 
     such as the PRC, to acquire strategic assets and companies in 
     Ukraine's aerospace and defense sector and the national 
     security implications for Ukraine, the United States, and 
     other NATO allies and partners.
       (B) An assessment of the vulnerabilities that strategic 
     competitors of the United States exploit to acquire strategic 
     assets in the Ukrainian aerospace and defense sector, 
     Ukraine's progress in addressing them, and United States 
     initiatives to support these efforts such as assistance in 
     strengthening Ukraine's investment screening and national 
     security vetting laws.
       (C) An assessment of Ukraine's efforts to make reforms 
     necessary to incentivize Western investment in Ukraine's 
     aerospace and defense sector and United States support for 
     these efforts.
       (D) A strategy to--
       (i) promote, as appropriate, United States direct 
     investment in Ukraine's aerospace and defense sector;
       (ii) better leverage tools like debt financing, equity 
     investments, and political risk insurance to incentivize 
     greater participation by United States firms;
       (iii) provide an alternative to PRC investments; and
       (iv) engage like-minded allies and partners on these 
     efforts.
       (3) Form.--The strategy required under paragraph (1) shall 
     be submitted in classified form.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.

     SEC. 1299F. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     the Department of State $50,000,000 for each of the fiscal 
     years 2022 through 2026 for the purposes described in 
     subsection (b) with respect to Ukraine.
       (b) Use of Funds.--Amounts appropriated pursuant to 
     subsection (a) may only be used--
       (1) to strengthen Ukraine's cyber security, cyber 
     resilience and intellectual property enforcement;
       (2) to provide support and training in Ukraine for--
       (A) sectoral reforms related to banking and public finance 
     management reform;
       (B) the privatization of state-owned enterprises;
       (C) regulatory independence;
       (D) subsidy reform;
       (E) land reform;
       (F) corporate governance; and
       (G) foreign investment screening;
       (3) to combat corruption, improve the rule of law, and 
     otherwise strengthen independent legal institutions, 
     including by--
       (A) expanding regional anti-corruption training and 
     exchanges among Ukrainian Ministry officials, law enforcement 
     officers, judges, and prosecutors to build peer support, 
     share best practices, maintain reform momentum, and protect 
     reforms from capture;
       (B) supporting regional training of United States Embassy 
     personal responsible for supporting anti-corruption and the 
     rule of law to improve their effectiveness in supporting the 
     consolidation and expansion of reform;
       (4) to respond to the humanitarian crises caused or 
     aggravated by the invasion and occupation of Ukraine by the 
     Russian Federation, including by supporting internally 
     displaced persons and communities in conflict-affected areas;
       (5) to improve participatory legislative processes in 
     Ukraine, including through--
       (A) engagement with members of the Verkhovna Rada;
       (B) training on government oversight, legal education, 
     political transparency and competition, and compliance with 
     international obligations; and
       (C) supporting the development of professional legislative 
     staff to advise and assist member of the Verkhovna Rada and 
     committees in the execution of their duties and build legal 
     and policy expertise within the Verkhovna Rada; and
       (6) to further build the capacity of civil society, 
     independent media, human rights, and other nongovernmental 
     organizations in Ukraine, with an emphasis on--
       (A) building capacity outside of Kyiv; and
       (B) regional civil society training and exchange programs.

     SEC. 1299G. DETERMINATION OF WHETHER NORD STREAM 2 AG AND 
                   ASSOCIATED CONSTRUCTION VESSELS MEET CRITERIA 
                   FOR IMPOSITION OF SANCTIONS UNDER PROTECTING 
                   EUROPE'S ENERGY SECURITY ACT OF 2019.

       (a) In General.--Not later than 15 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a report that includes the following:
       (1) The determination of the President with respect to 
     whether Nord Stream 2 AG meets the criteria for the 
     imposition of sanctions under the Protecting Europe's Energy 
     Security Act of 2019.
       (2) The determination of the President with respect to 
     whether the following vessels and entities meet the criteria 
     for the imposition of sanctions under the Protecting Europe's 
     Energy Security Act of 2019:
       (A) Akademik Cherskiy.
       (B) Umka.
       (C) Errie.
       (D) Yuri Topchev.
       (E) Mentor.
       (F) DP Gezina.
       (G) Krebs GEO.
       (H) Vladislav Strizhov.
       (I) Glomar Wave.
       (J) Finval.
       (K) Katun.
       (L) Venie.
       (M) Murman.
       (N) Baltiyskiy Issledovatel.
       (O) Artemis Offshore.
       (P) Havila Subsea.
       (Q) Russian Maritime Register of Shipping.
       (R) LLC Insurance Company Constanta.
       (S) TUV Austria Holding AG.
       (3) A detailed explanation for each determination made 
     under paragraph (1) or (2), including with respect to any 
     determination that the criteria for the imposition of 
     sanctions under the Protecting Europe's Energy Security Act 
     of 2019 were not met with respect to a vessel or entity.
       (b) Definition.--In this section, the term ``Protecting 
     Europe's Energy Security Act of 2019'' means the Protecting 
     Europe's Energy Security Act of 2019 (title LXXV of Public 
     Law 116-92; 22 U.S.C. 9526 note), as amended by section 1242 
     of the William M. (Mac)

[[Page S7929]]

     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283).

     SEC. 1299H. APPROPRIATE CONGRESSIONAL COMMITTEES.

       In this subtitle, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
                                 ______