118 HR 9501 IH: Stand with Ukraine Act of 2024
U.S. House of Representatives
2024-09-09
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I
118th CONGRESS
2d Session
H. R. 9501
IN THE HOUSE OF REPRESENTATIVES
September 9, 2024
Mr. Fitzpatrick (for himself, Ms. Kaptur, Mr. Wilson of South Carolina, and Mr. Quigley) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To promote peace, stability, and recovery in Ukraine, and for other purposes.
1.

Short title
This Act may be cited as the “Stand with Ukraine Act of 2024”.
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.
I

United States policy toward Ukraine
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.
II

Implementation of an enhanced partnership between the United States and Ukraine
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.