Office of External Relations
August 21, 2020

Update on Status of Ukraine-Related Legislation in the 116th Congress

The United States Congress is in recess until the first full week of September so this is a good time to review the status of legislation of importance to Ukraine and U.S.-Ukraine relations.

There are several things to note in reviewing this survey of such legislation. First, this is not a list of all legislation that is or could be on interest to Ukraine and second, none of this legislation has yet been passed by Congress. For example, while both the House of Representatives and the Senate have passed their versions of the National Defense Authorization Act for Fiscal Year 2021, there are differences and those differences will be addressed in an House-Senate conference which will lead to a final version presented to both chambers and hopefully to the President for enactment.

Another thing to keep in mind is that not all items, programs, initiatives that might be of interest to Ukraine or used by the United States Government to assist Ukraine are defined as such and so will not be mentioned here.

There is no claim that this survey of legislation is necessarily complete, but it should give the U.S.-Ukraine Foundation’s Friends of Ukraine Network and the followers of the FOUN recommendations for United States assistance to Ukraine an idea of where things stand when Congress reconvenes and presses forward with FY21 authorizing legislation and appropriations.

Below legislation is discussed beginning with legislation in and/or from the House of Representatives and then Senate legislation.

In order the legislation included here is:

House of Representatives:

H.R. 6395 – National Defense Authorization Act for FY21
H.R. 7617 – Defense Appropriations Act for FY21
H.R. 7608 – State, Foreign Operations, etc. Appropriations Act for FY21
H.R. 596 - Crimea Annexation Non-recognition Act
H.R.1404 - Vladimir Putin Transparency Act
H.R.4721 - No Russia in G7 Act

Senate:

S.4049 - National Defense Authorization Act for Fiscal Year 2021
S.Res.27 - A resolution calling for a prompt multinational freedom of navigation operation in the Black Sea
S.4392 - A bill to provide security assistance and strategic support to Ukraine, and for other purposes.
Nomination of Keith W. Dayton to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Ukraine




House of Representatives


H.R.6395 - William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

The House passed H.R. 6395 earlier this month and on August 5 it was placed on Senate Legislative Calendar under General Orders. The Senate has passed its version as well so the next step is a House-Senate conference to negotiation and settle differences.


Section 1231 – Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.

       Familiar language forbidding the use of authorized funds to be obligated or expended to implement any activity that would recognize Russian sovereignty over Crimea.

Section 1233 – Modification and Extension of Ukraine Security Assistance Initiative.

       This section allows funds not spent under this initiative by the end of fiscal year 2020 to be available in fiscal year 2021. In addition, it authorizes $250,000,000 for the Ukraine Security Assistance Initiative for fiscal year 2021.

Section 1235 – Sense of Congress on Support for Ukraine.

       I believe it worthwhile to quote this section:
 It is the sense of Congress that the United States should—
(1) reaffirm support for an enduring strategic partnership between the United States and Ukraine;
(2) support Ukraine’s sovereignty and territorial integrity within its internationally-recognized borders and make clear it does not recognize the independence of Crimea or Eastern Ukraine currently occupied by Russia;
(3) continue support for multi-domain security assistance for Ukraine in the form of lethal and non-lethal measures to build resiliency, bolster deterrence against Russia, and promote stability in the region by—
(A) strengthening defensive capabilities and promoting readiness; and
(B) improving interoperability with NATO forces; and
(4) further enhance security cooperation and engagement with Ukraine and other Black Sea regional partners. [The Foundation and FOUN have for quite sometime, like others, been calling for greater focus on the Black Sea region. RAM]

Section 1236 – Report on Presence of Russian Military Forces in Other Foreign Countries.

       If enacted this section, among other things, calls for the Secretary of Defense, in consultation with the Secretary of State, within 180 days of enactment to provide Congress a detailed report as to Russia’s deployed military resources in violation of the territorial sovereignty of foreign countries

Section 1238 – Countering Russian and other Overseas Kleptocracy (emphasis added)

       This section focuses on the importance of the “rule of law”, identifying where there is public corruption and stating the policy that the United States is to support foreign states promoting good governance and combating public corruption and specifically (subsection c 5) “help foreign partner countries to investigate and combat the use of corruption by authoritarian governments, particularly that of Vladimir Putin in Russia, as a tool of malign influence worldwide.”

       The section also establishes in the Department of State an “Anti-Corruption Action Fund” to aid foreign states. Preference for assistance from this fund is to include “countries that are undergoing historic opportunities for democratic transition, combating corruption, and the establishment of the rule of law.”

Section 1248 – Clarification and Expansion of Sanctions Relating to Construction of Nord Stream 2 or Turkstream Pipeline Projects.

       The section would, if enacted, further define the activities relating to these to Russian pipeline efforts that are to be covered by the sanctions already enacted.

Section 1281 – Report on Internally Displaced Peoples in Ukraine, Georgia, Moldova, and Azerbaijan.

       The section calls for a report to Congress on the numbers of citizens forcibly displaced in the “illegally occupied regions of Ukraine…” and the number of citizens killed in these regions by “foreign forces since 1991.”

Section 1299Q-4 – Report on Capability and Capacity Requirements of Military Forces of Ukraine and Resource Plan for Security Assistance.

       Because I believe what is called for in this section – and what Senator Portman succeeded in getting into the Senate bill which is somewhat different -- is critically important and needs to be taken very seriously, I set out the entire section here:

(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit a report to the appropriate committees of Congress on the capability and capacity requirements of the military forces of the Government of Ukraine, which shall include the following:
(1) An identification of the capability gaps and capacity shortfalls of the military of Ukraine, including—
(A) an assessment of the requirements of the Ukrainian navy to accomplish its assigned missions; and
(B) an assessment of the requirements of the Ukrainian air force to accomplish its assigned missions.
(2) An assessment of the relative priority assigned by the Government of Ukraine to addressing such capability gaps and capacity shortfalls.
(3) An assessment of the capability gaps and capacity shortfalls that—
(A) could be addressed in a sufficient and timely manner by unilateral efforts of the Government of Ukraine; or
(B) are unlikely to be addressed in a sufficient and timely manner solely through unilateral efforts.
(4) An assessment of the capability gaps and capacity shortfalls described in paragraph (3)(B) that could be addressed in a sufficient and timely manner by—
(A) the Ukraine Security Assistance Initiative of the Department of Defense;
(B) Department of Defense security assistance authorized by section 333 of title 10, United States Code;
(C) the Foreign Military Financing and Foreign Military Sales programs of the Department of State; or
(D) the provision of excess defense articles pursuant to the requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(5) An assessment of the human resource requirements of the Office of Defense Cooperation at the United States Embassy in Kyiv and any gaps in its capacity to transmit and facilitate security assistance to Ukraine.
(6) Any recommendations the Secretaries deem appropriate concerning coordination of security assistance efforts of the Department of Defense and Department of State with respect to Ukraine.
(b) Resource Plan.—Not later than February 15, 2022, the Secretary of State and Secretary of Defense shall jointly submit a report on resourcing United States security assistance with respect to Ukraine, which shall include the following:
(1) A plan to resource the following initiatives and programs with respect to Ukraine in fiscal year 2023 and the four succeeding fiscal years to meet the most critical capability gaps and capacity shortfalls of the military forces of Ukraine:
(A) The Ukraine Security Assistance Initiative of the Department of Defense.
(B) Department of Defense security assistance authorized by section 333 of title 10, United States Code.
(C) The Foreign Military Financing and Foreign Military Sales programs of the Department of State.
(D) The provision of excess defense articles pursuant to the requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(2) With respect to the Ukrainian navy:
(A) A capability development plan, with milestones, describing the manner in which the United States will assist the Government of Ukraine in meeting the requirements described in subsection (a)(1)(A).
(B) A plan for United States cooperation with third countries and international organizations that have the resources and ability to provide immediate assistance to the Ukrainian navy, while maintaining interoperability with United States platforms to the greatest extent feasible.
(C) A plan to prioritize Excess Defense Articles for the Ukrainian navy to the maximum extent practicable during the time period described in paragraph (1).
(D) An assessment of how United States security assistance to the Ukrainian navy is in the national security interests of the United States.
(3) With respect to the Ukrainian air force—
(A) a capability development plan, with milestones, detailing how the United States will assist the Government of Ukraine in meeting the requirements described in subsection (a)(1)(B);
(B) a plan for United States cooperation with third countries and international organizations that have the resources and ability to provide immediate assistance to the Ukrainian air force, while maintaining interoperability with United States platforms to the greatest extent feasible;
(C) a plan to prioritize excess defense articles for the Ukraine air force to the maximum extent practicable during the time period described in paragraph (1);
(D) an assessment of how United States security assistance to the Ukrainian air force is in the national security interests of the United States.
(4) An assessment of progress on defense institutional reforms in Ukraine, including in the Ukrainian navy and air force, in the time period described in paragraph (1) that will be essential for—
(A) enabling effective use and sustainment of capabilities developed under security assistance authorities described in this section;
(B) enhancing the defense of Ukraine’s sovereignty and territorial integrity;
(C) achieving the Government of Ukraine’s stated goal of meeting NATO standards; and
(D) allowing Ukraine to achieve its full potential as a strategic partner of the United States.
(c) Form.—The report required under subsection (a) and the resource plan required under subsection (b) shall each be submitted in a classified form with an unclassified summary.


H.R. 7617 - Making appropriations for the Department of Defense for the fiscal year ending September 30, 2021.

The House bill provides $275,000,000 for the Ukraine Security Assistance Initiative which is an increase of $25,000,000 over the amount requested. There is also provision that of the amount $50,000,000 is available only for lethal assistance. The House Report accompanying the bill notes the expectation that Ukraine will continue to adopt and implement reforms in the security sector and to reduce corruption in the security services and directs the Secretary of Defense to report to Congress on this situation. In addition the legislation prohibits the use of funds to provide arms, training, or other assistance to the Azov Battalion.

The pertinent sections can be read below:

Sec. 8096. (a) None of the funds appropriated or otherwise made available by this or any other Act may be used by the Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary of State and the Director of National Intelligence, determines that it is in the vital national security interest of the United States to do so, and certifies in writing to the congressional defense committees that—
(1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic;
(2) the armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine; and
(3) agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine.

Sec. 9013. Of the amounts appropriated in this title under the heading “Operation and Maintenance, Defense-Wide”, for the Defense Security Cooperation Agency, $275,000,000, of which $137,500,000 to remain available until September 30, 2021, shall be for the Ukraine Security Assistance Initiative: Provided, That such funds shall be available to the Secretary of Defense, in coordination with the Secretary of State, to provide assistance, including training; equipment; lethal assistance; logistics support, supplies and services; sustainment; and intelligence support to the military and national security forces of Ukraine, and for replacement of any weapons or articles provided to the Government of Ukraine from the inventory of the United States: Provided further, That of the amounts made available in this section, $50,000,000 shall be available only for lethal assistance described in paragraphs (2) and (3) of section 1250(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92): Provided further, That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in this section, notify the congressional defense committees in writing of the details of any such obligation: Provided further, That the Secretary of Defense shall, not more than 60 days after such notification is made, inform such committees if such funds have not been obligated and the reasons therefor: Provided further, That the United States may accept equipment procured using funds made available in this section in this or prior Acts that was transferred to the security forces of Ukraine and returned by such forces to the United States: Provided further, That equipment procured using funds made available in this section in this or prior Acts, and not yet transferred to the military or National Security Forces of Ukraine or returned by such forces to the United States, may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further, That, notwithstanding any other provision of law, amounts made available in this section shall be exempt from apportionment under chapter 15 of title 31, United States Code.

Sec. 9014. Funds appropriated in this title shall be available for replacement of funds for items provided to the Government of Ukraine from the inventory of the United States to the extent specifically provided for in section 9013 of this Act.

H.R.7608 - State, Foreign Operations, Agriculture, Rural Development, Interior, Environment, Military Construction, and Veterans Affairs Appropriations Act, 2021

This legislation has passed the House of Representatives and on July 30 was received in the Senate and referred to the Committee on Appropriations.


Section 7046 (b) Of the funds appropriated by this Act … not less than $453,000,000 shall be made available for assistance to Ukraine.

Section 7047 – Countering Russian influence and aggression – this section prohibits and funds appropriated under this legislation from being made available to the Russian Federation or for the implementation of an action or policy that would recognize Russian sovereignty over Crimea. And it sets the duration of these prohibitions to extend until “the Government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of Russian-backed separatists.”


H.R.596 - Crimea Annexation Non-recognition Act

This legislation passed the House of Representatives and was received in the Senate on March 13, 2019, and referred to the Committee on Foreign Relations.

The bill would prohibit any federal agency from taking any action or extending any assistance that recognizes or implies recognition of Russia's sovereignty over Crimea, its airspace, or its territorial waters. Ans, as is the case in similar provisions in other legislation there is provision that the President could waive such prohibitions on a case-by-case basis if such a waiver is vital to U.S. national security interests.

H.R.1404 - Vladimir Putin Transparency Act

This legislation passed the House of Representatives and was received in the Senate on March 13, 2019, and was referred to the Senate Committee on Intelligence.

The bill directs the Office of the Director of National Intelligence to report to Congress about Russian President Vladimir Putin. The report is to address (1) Putin's estimated net worth and known sources of income; (2) intermediaries, including shell companies, that he uses; and (3) the identities of the most significant Russian senior officials and oligarchs who facilitate his corrupt acts.

H.R.4721 - No Russia in G7 Act

The legislation was introduced October 17, 2019 and referred to the House Committee on Foreign Affairs.

The legislation would prohibit the use of federal funds to support or facilitate Russia's participation in a proceeding of the Group of Seven or to reconstitute the Group of Eight to include Russia. (Russia was disinvited from the Group of Eight in 2014 after it occupied parts of Ukraine, including the Crimea region.) If this legislation became law the prohibition established would terminate only after the Department of State certified that Russia (1) had halted all interference into U.S. elections; (2) had ended its occupation of Crimea and was implementing its commitments under certain agreements related to Ukraine; and (3) had taken steps to end its campaign to divide western economic, political, and security institutions.
 
Senate


S.4049 - National Defense Authorization Act for Fiscal Year 2021

This legislation passed the Senate and was received in the House of Representative on August 7 and is being held at the desk. Both Chambers having passed their respective versions of the Defense Authorization Act the next step is Conference.

The Senate version of the 2021 National Defense Authorization Act includes the authorization of  $250,000,000 for the Ukraine Assistance Initiative of which $125,000,000 is available only for lethal assistance. In addition, similar but not exactly the same as the House version, the legislation calls for a comprehensive report from the Secretaries of Defense and State on the state of Ukraine’s military – needs, abilities, Ukraine’s own unilateral efforts, etc. The reality is the United States needs this so it can better determine levels and specifics of defense assistance. And, Ukraine should want and will benefit from this. The Department of Defense currently undertakes a significant assessment of needs, ability to use, maintain, etc. military equipment to any country before providing assistance. But this required report to Congress, if this legislation is enacted, should inform Congress better as it considers aide to Ukraine going forward.

Section 1232 – Prohibition on Availability of Funds Relating to Sovereignty of the Russian Federation over Crimea.

      Continues the prohibiting on any funds authorized by this legislation to implement any activity that would recognize the sovereignty of the Russian Federation over Crimea.

Section 1233 – Modification and Extension of Ukraine Security Assistance Initiative.

      This section authorizes $250,000,000 for the Ukraine Security Assistance Initiative for fiscal year 2021 of which $125,000,000 is available only for lethal assistance. (Emphasis added)

Section 1234 – Report on Capability and Capacity Requirements of Military Forces of Ukraine and Resource Plan for Security Assistance.

      Because this is new, and I believe critically important and overdue, I set out the entire provision here (and note it is similar to Section 1299Q-4 in H.R. 6395 the House-passed version of the FY21 Defense Authorization presented below):
(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report on the capability and capacity requirements of the military forces of Ukraine, which shall include the following:
(1) An analysis of the capability gaps and capacity shortfalls of the military forces of Ukraine that includes—
(A) an assessment of the requirements of the navy of Ukraine to accomplish its assigned missions; and
(B) an assessment of the requirements of the air force of Ukraine to accomplish its assigned missions.
(2) An assessment of the relative priority assigned by the Government of Ukraine to addressing such capability gaps and capacity shortfalls.
(3) An assessment of the capability gaps and capacity shortfalls that—
(A) could be addressed in a sufficient and timely manner by unilateral efforts of the Government of Ukraine; and
(B) are unlikely to be addressed in a sufficient and timely manner solely through unilateral efforts.
(4) An assessment of the capability gaps and capacity shortfalls described in paragraph (3)(B) that could be addressed in a sufficient and timely manner by—
(A) the Ukraine Security Assistance Initiative of the Department of Defense;
(B) Department of Defense security assistance authorized by section 333 of title 10, United States Code;
(C) the Foreign Military Financing and Foreign Military Sales programs of the Department of State; or
(D) the provision of excess defense articles.
(5) An assessment of the human resources requirements of the Office of Defense Cooperation at the United States Embassy in Kyiv and any gaps in the capacity of such Office of Defense Cooperation to provide security assistance to Ukraine.
(6) Any recommendations the Secretary of Defense and the Secretary of State consider appropriate concerning the coordination of security assistance efforts of the Department of Defense and the Department of State with respect to Ukraine.
(b) Resource Plan.—Not later than February 15, 2022, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a resource plan for United States security assistance with respect to Ukraine, which shall include the following:
(1) A plan to resource the following initiatives and programs with respect to Ukraine in fiscal year 2023 and the four succeeding fiscal years to meet the most critical capability gaps and capacity shortfalls of the military forces of Ukraine:
(A) The Ukraine Security Assistance Initiative of the Department of Defense.
(B) Department of Defense security assistance authorized by section 333 of title 10, United States Code.
(C) The Foreign Military Financing and Foreign Military Sales programs of the Department of State.
(D) The provision of excess defense articles.
(2) With respect to the navy of Ukraine, the following:
(A) A capability development plan, with milestones, detailing the manner in which the United States will assist the Government of Ukraine in meeting the requirements referred to in subsection (a)(1)(A).
(B) A plan for United States cooperation with third countries and international organizations that have the resources and ability to provide immediate assistance to the navy of Ukraine while maintaining interoperability with United States platforms to the extent feasible.
(C) A plan to prioritize the provision of excess defense articles for the navy of Ukraine to the extent practicable during fiscal year 2023 and the four succeeding fiscal years.
(D) An assessment of the manner in which United States security assistance to the navy of Ukraine is in the national security interests of the United States.
(3) With respect to the air force of Ukraine, the following:
(A) A capability development plan, with milestones, detailing the manner in which the United States will assist the Government of Ukraine in meeting the requirements referred to in subsection (a)(1)(B).
(B) A plan for United States cooperation with third countries and international organizations that have the resources and ability to provide immediate assistance to the air force of Ukraine while maintaining interoperability with United States platforms to the extent feasible.
(C) A plan to prioritize the provision of excess defense articles for the air force of Ukraine to the extent practicable during fiscal year 2023 and the four succeeding fiscal years.
(D) An assessment of the manner in which United States security assistance to the air force of Ukraine is in the national security interests of the United States.
(4) An assessment of progress on defense institutional reforms in Ukraine, including with respect to the navy and air force of Ukraine, during fiscal year 2023 and the four succeeding fiscal years that will be essential for—
(A) enabling effective use and sustainment of capabilities developed under security assistance authorities described in this section;
(B) enhancing the defense of the sovereignty and territorial integrity of Ukraine;
(C) achieving the stated goal of the Government of Ukraine of meeting North Atlantic Treaty Organization standards; and
(D) allowing Ukraine to achieve its full potential as a strategic partner of the United States.
(c) Form.—The report required by subsection (a) and the resource plan required by subsection (b) shall each be submitted in a classified form with an unclassified summary.
(d) Appropriate Committees Of Congress Defined.—In this section, the term “appropriate committees of Congress” means—
(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
Section 1235 – Sense of the Senate on North Atlantic Treaty Organization Enhanced Opportunities Partner Status for Ukraine.

      Among other things this section calls for the United States to support the designation for Ukraine; notes the “unique experience, capabilities, and technical expertise of Ukraine, especially with respect to hybrid warfare, cybersecurity, and foreign disinformation would enable Ukraine to make a positive contribution to” NATO; would help Ukraine with progress on defense institutional reforms; and allow “Ukraine to achieve its full potential as a strategic partner of the United States.”

Section 1238 – Sense of the Senate on Strategic Competition with the Russian Federation and Related Activities of the Department of Defense.

      This section affirms the re-emergence of long-term strategic competition with Russia as a United States defense priority and, among other things, urges rotational deployments of U.S. forces to Romania and Bulgaria and the increase of “focus and resources to address the changing military balance in the Black Sea region.”

Section 1239 – Report on Russian Federation Support of Racially and Ethnically Motivated Violent Extremists.

      The requested report is to include information on “Russian Federation-backed separatist forces in the Donbass region of Ukraine.

Section 6235 – Sense of the Senate on Admission of Ukraine to the North Atlantic Treaty Organization Enhanced Opportunities Partnership Program.

      In the Findings set out in this section the legislation sets out a history of NATO-related events and then applauds Ukraine’s progress, “affirms the unwavering commitment of the United States”, condemns the Russian Federation’s malign activities toward Ukraine and congratulates Ukraine on its inclusion in NATO’s Enhanced Opportunities Partnership program.

S.Res.27 - A resolution calling for a prompt multinational freedom of navigation operation in the Black Sea and urging the cancellation of the Nord Stream 2 pipeline.

This legislation was reported out of Committee April 4, 2019. Obviously Congress has imposed sanctions related to the construction of Nord Stream 2 but the legislation is included here because of its focus on the Black Sea and, as noted earlier, the U.S. Ukraine Foundation and the Friends of Ukraine Network (FOUN) have had an increasing interest and concern about Russia’s aggressive activities in the Black Sea.

This resolution urges the President to work with allies to lead a multinational freedom of navigation operation in the Black Sea to push back against excessive Russian claims of sovereignty. It also calls for the North Atlantic Treaty Organization to enhance allied maritime presence and capabilities in the Black Sea and for European governments to cancel the Nord Stream 2 pipeline due to its threat to European energy security. The resolution also urges the President to provide additional security assistance to Ukraine and states that the President is required by statute to impose mandatory sanctions on Russia.


S.4392 - A bill to provide security assistance and strategic support to Ukraine, and for other purposes.

This legislation was introduced on July 30, 2020 and has been referred to the Senate Committee on Foreign Relations.

The legislation:
  • Requires a report on U.S. diplomatic support for Ukraine over the next five years.
  • Encourages the Department of State to establish a working group on Ukraine with relevant European allies.
  • Requires the administration to appoint a special envoy for Ukraine to serve as the U.S. liaison for the Normandy Format peace negotiations and to facilitate dialogue between Black Sea countries. [Again the Black Sea, it is critical to Ukraine but, as FOUN has urged, all countries on the Black Sea – including NATO countries – have critical common interests and align with the national security interests of the United States.]
  • Authorizes up to $300 million per year of foreign military financing to Ukraine, subject to certifications, including the authority to provide Ukraine with lethal military assistance. [If enacted the legislation would increase the authorized level of military assistance to Ukraine above current levels.]
  • Requires a Department of Defense and State Department report on the capability and capacity requirements of Ukraine’s armed forces, a plan to supply U.S. security assistance to Ukraine, and any recommendations. [This provision – set out in its entirety above as Section 1234 of Senate-passed S. 4049, the Senate version of the National Defense Authorization Act of FY21]
  • Expedites the transfer of excess defense articles to Ukraine, and calls for a strategy to encourage partner nations to do the same.
  • Authorizes $4 million per year to train Ukrainian military officers through the Institute of Marine and Environmental Technology.

Nomination of Keith W. Dayton to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Ukraine

General Dayton’s confirmation hearing was held on August 5 and awaits approval and reporting to the Senate by the Senate. He was absolutely excellent in his appearance before the Committee.


The selection of legislation appearing here and the comments are Mr. McConnell's and do not necessarily represent the views of the U.S.-Ukraine Foundation or FOUN.
Bob McConnell
Coordinator, External Relations
U.S.-Ukraine Foundation’s Friends of Ukraine Network

Robert A. McConnell is a co-founder of the U.S.-Ukraine Foundation and Coordinator of External Relations for the Foundation’s Friends of Ukraine Network. He is Principal of R.A. McConnell and Associates. Previously, he has served as head of the Government Advocacy Practice at Gibson, Dunn & Crutcher, Vice President – Washington for CBS, Inc, and Assistant Attorney General in the Department of Justice during the Reagan Administration. rmcconnell@usukraine.org
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