Authorization and Appropriations FY 2021
Despite the very unusual circumstances caused by the pandemic, Congress is moving forward in developing its annual authorization and appropriations legislation.
As noted in previous FOUN emails the U.S.-Ukraine Foundation’s Friends of Ukraine Network (FOUN) has distributed and discussed with many congressional committees and individual Members and staff FOUN’s
Priority Recommendations for U.S. Assistance to Ukraine 2020
. Indeed within the last month both the FOUN Task Forces on National Security and Economic Security have delivered to the relevant committees and the individual members of each of those committees statements presented as testimony advancing and explaining each of the two task forces’ recommendation. And, there have been certain follow-up briefings and discussions as well.
Now the products of some of the congressional committees’ efforts are starting to become available.
1.
NDAA
- On Tuesday, June 23, 2020,
Senate Armed Services Committee Chairman Senator Jim Inhofe (R-Okla.) and Ranking Member Senator Jack Reed (D-R.I.) introduced S. 4049, the
National Defense Authorization Act for Fiscal Year 2021
(NDAA).
Obviously, it is a massive piece of legislation but for our purposes here are presented some of
the points of interest:
-
The continued prohibition of funds that in any way would acknowledge Russian sovereignty over Ukraine’s Crimean Peninsula.
-
Modification and extension of the Ukraine Security Assistance Initiative – authorizing the “Secretary of Defense, with the concurrence of the Secretary of States, to provide security assistance, including lethal assistance, and intelligence support to military and other security forces of the Government of Ukraine. The provision would authorize up to $250.0 million in fiscal year 2021 to provide security assistance to Ukraine,
of which $125.0 million would be available only for lethal assistance
. The committee continues to believe that defense institutional reforms are critical to sustaining capabilities developed using security assistance provided under this and other authorities. Moreover, defense institutional reforms will ultimately enable a more effective defense of Ukraine’s sovereignty and territorial integrity and allow Ukraine to achieve its full potential as a strategic partner of the United States. Therefore, the provision would prohibit the obligation of expenditure of 50 percent of the funds authorized to be appropriated in fiscal year 2021 under this authority until the Secretary of Defense, in coordination with the Secretary of State, certifies that Ukraine has taken substantial action to make defense institutional reforms. The provision would also include additional areas of reform to be considered with respect to such a certification, including transformation of command and control structures and roles in line with North Atlantic Treaty Organization principles and improvement of human resources management, including to support career management reform, enhance social support to military personnel and their families, and professional military education systems.” [
The emphasis above is mine – RAM. In addition, I note after all these years the on-going and justified Congressional concern about defense reform. Similar concern – and action – should be an evident priority in Ukraine. The replacement of a genuine reformer as Minister of Defense a few months ago was not reassuring. RAM
]
-
The committee recommends a provision that would expressing support the designation of Ukraine as an enhanced opportunities partner as part of the Partnership Interoperability Initiative of the North Atlantic Treaty Organization.
-
Support for on-going training programs.
-
“The committee recommends a provision that would express the sense of the Senate that long-term strategic competition with the Russian Federation is a principal priority for the Department of Defense that requires sustained investment due to the magnitude of the threat posed to United States security, prosperity, and alliances and partnerships. The provision would further express the sense of the Senate concerning steps that the Department of Defense should take to enhance deterrence against Russian aggression and counter Russian activities short of armed conflict.”
-
“Report on Russian Federation support of racially and ethnically motivated violent extremists”
-
“Section 1234 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) expanded the use of the Secretarial Designee Program to provide for Ukrainian soldiers' receipt of treatment at Department of Defense military treatment facilities when the necessary care cannot be provided in Ukraine. The committee notes that implementation issues have arisen with regards to covering non-medical expenses in connection with such treatment that have been approved in previous instances under the Emergency and Extraordinary Expense authority. The committee urges the Secretary of Defense to coordinate with senior Ukrainian defense officials to resolve these issues, including, but not limited to, examining alternative sources of funding for these non-medical expenses. Further, the committee encourages the Secretary of Defense, in coordination with the Secretary of State, to provide assistance to Ukraine in developing its capacity to care for wounded members of the Ukrainian Armed Forces within Ukraine, including by providing education and training for Ukrainian military medical personnel and healthcare specialists. The Department of Defense should continue to consider Secretarial Designee Program requests to provide specialized care in U.S. military medical treatment facilities in the areas of polytrauma, amputations, burn treatment, prosthetics, and rehabilitation on a case-by-case basis. “[
I am unfamiliar with the “issues” that have arisen but thought it worth noting and exploring. RAM
]
2.
NDAA
- On Thursday, June 25,
Representative Adam Smith (D-Wash.), Chairman of the House Armed Services Committee, released a summary of his version of the National Defense Authorization Act for Fiscal Year 2021. The House Armed Services Committee will consider the Chairman’s proposal on Wednesday, July 1, beginning at 10:00 a.m.
-
According to the summary the Chairman’s legislation provides $250 million for the Ukraine Security Assistance Initiative (USAI), which provides support and assistance to the Ukrainian Armed Forces, of which $50 million can only be used for lethal defensive equipment. [
Obviously, the mandatory use of $50 million for lethal aid is $75 million less than the current Senate provision. RAM
]
-
Extends the prohibition on funding for any activity that would recognize the sovereignty of the Russian Federation over Crimea.
So far these two pieces of authorization legislation
are the only authorization or appropriations bills about which there is publicly available information.
Other legislation and activity
3.
Nord Stream 2
- - Also on the 25
th
Congressman Adam Kinzinger (R-IL), Denny Heck (D-WA), Mike Turner (R-OH) and Ruben Gallego (R-AZ) filed a House companion bill to the Senate’s S. 1441, Protecting Europe’s Energy Security Clarification Act, which will impose additional sanctions on Nord Stream II. If enacted the legislation will impose sanctions against companies that engage in any “pipe-laying activities,” which are defined as “activities that facilitate pipe-laying, including site preparation, trenching, surveying, placing rocks, stringing, bending, welding, coating, lowering of pipe, and backfilling”; companies providing “underwriting services or insurance or re-insurance” services for pipe-laying vessels; companies providing “services or facilities for technology upgrades or installation of welding equipment for, or retrofitting or tethering of,” pipe-laying vessels; and companies providing “services for the testing, inspection, or certification necessary for or associated with the operation of the Nord Stream 2 pipeline.” That basically takes European companies out of the project for the remainder of its construction as insurance firms now face the risk of being fined by Treasury.
Additional original cosponsors: Representatives Steve Womack (R-AR), Marcy Kaptur (D-OH), Rob Bishop (R-UT), Dean Philips (D-MN), and Elise Stefanik (R-NY).
S. 1441, the Senate bill introduced by Senators Ted Cruz (R-TX) and Jeanne Shaheen (D-NH) was overwhelmingly passed by the Senate Committee on Foreign relations (20-2) July 31, 2019.
4.
Non-Recognition of Russia’s annexation of Crimea
. I continue to remind that
the House of Representatives passed H.R. 596, the Crimea Annexation Non-recognition Act, in March 201 (427-1) and sits in the Senate Committee on Foreign Relations. The bipartisan legislation introduced by Representatives Gerry Connolly (D-VA) and Steve Chabot (R-OH) that would prohibit federal agencies from taking any action that recognizes Russian sovereignty over Crimea.
5.
Chair of the House Committee on Foreign Affairs
. The most significant news out of the House Committee on Foreign Affairs is the apparent – but not finally confirmed – defeat of Chairman
Eliot Engel (D-NY) in Tuesday’s New York Democratic primary. Chairman Engle has been a strong supporter of Ukraine through the years and if he has, in fact, been defeated who will replace him as chairman of the Committee in the 117
th
Congress next year could be critical.
The next two most senior Democrats on the Committee are Brad Sherman (D-CA) and Gregory Meeks (D-NY).
The parenthetical comments - and some additional comments here - are Mr. McConnell's and do not necessarily represent the views of the Foundation or FOUN.
