Now that the Second Session of the 116
th
Congress is here it might be worthwhile taking a brief look at some of the legislative action during the First Session and take a glance at a few pieces of legislation introduced last year that have not been acted on.
I do note that I have not included here legislation passed in 2019 that had to do with Fiscal Year 2019 and I do not suggest this recital is comprehensive.
However, having mentioned a number of times my on-going concern arising from the impeachment debates that the 100 years of bipartisan Congressional support for Ukraine might be in jeopardy, I do note specifically that the enacted legislation mentioned below has all been acted upon with bipartisan support.
Nevertheless, we at the U.S.-Ukraine Foundation and the Friends of Ukraine Network continue to meet with Members from both parties and make the critical case for on-going bipartisanship.
First Session of the 116
th
Congress Action
Among the most important pieces of legislation enacted during the First Session were the National Defense Authorization Act for 2020 and the Cumulative Appropriations Act of FY2020.
S. 1790, National Defense Authorization Act for Fiscal Year 2020.
On December 20, 2019, President Trump signed into law – P.L.116-92
Under Section 1244. Modification and Extension of Ukraine Security Assistance Initiative $300,000,000 is authorized for the Ukraine Security Assistance Initiative.
That figure - $300 million is what was
authorized
.
However, at the end of the day the
Consolidated Appropriations Act H.R. 1158
, became P.L. 116-93 and allocated $250,000,000 for the Ukraine Assistance Initiative the same as FY2019. Importantly it should be noted that the Ukraine Security Assistance Initiative has now been made a two-year fund. Among other things were there to be a situation where the funds had not been obligated by the end of FY2020 the money would still be available.
Sections 9013-9015 are most relevant:
Section 9013.
Of the amounts appropriated in this title under the heading Operation and Maintenance, Defense-Wide, for the Defense Security Cooperation Agency, $250,000,000, of which $125,000,000, to remain available until September 30, 2020, 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 (my emphasis); 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 (again my emphasis) 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 provided under this heading, notify the congressional defense committees in writing of the details of any such obligation: Provided further, That the Secretary of Defense shall, not less than 90 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 provided under this heading 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 provided under this heading 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 amounts made available by this section are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
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.
9015.
None of the funds made available by this Act under section 9013 may be used to procure or transfer man-portable air defense systems
There are also the Ukraine-related funds in the
Department of State Appropriations
- here is a breakdown of what Ukraine got for FY20:
- Assistance for Europe, Eurasia, and Central Asia (AEECA): $250 million
- This money is used for the anti-corruption, civil society, and other democracy promotion programs including helping rural women, veterans, and IDPs.
- This money has also been relatively flat in recent years.
- Foreign Military Financing: $115 million
- International Narcotics Control: $30 million
- Nonproliferation, anti-terrorism, and demining: $15 million
- International Military Education and Training: $2.9 million
H.R.1865 - Further Consolidated Appropriations Act, 2020
Without getting to details here it is worth noting that the Consolidated Appropriations Acts for FY2020 includes language directed to “countering Russian influence and aggression. In specific part Section 7047 states:
Sec. 7047. (a) Limitation.—None of the funds appropriated by this Act may be made available for assistance for the central Government of the Russian Federation.
(b) Annexation Of Crimea.—
(1) PROHIBITION.—None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea or other territory in Ukraine: Provided, That except as otherwise provided in subsection (a), the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to such Committees that to do so is in the national interest of the United States, and includes a justification for such interest.
(2) LIMITATION.—None of the funds appropriated by this Act may be made available for—
(A) the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United States Government investments in Crimea or other territory in Ukraine under the control of Russian-backed separatists, if such activity includes the participation of Russian Government officials, or other Russian owned or controlled financial entities; or
(C) assistance for Crimea or other territory in Ukraine under the control of Russian-backed separatists, if such assistance includes the participation of Russian Government officials, or other Russian owned or controlled financial entities.
(3) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of the Treasury shall instruct the United States executive directors of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institution (including any loan, credit, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine.
(4) DURATION.—The requirements and limitations of this subsection shall cease to be in effect if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of Russian-backed separatists.
Several other pieces of legislation acted upon worth noting include:
Senator Portman (R-OH
), Co-Chair of the Senate Ukraine Caucus, introduced along with 20 co-sponsors
S.Res. 74
, marking the ”fifth anniversary of Ukraine’s Revolution of Dignity by honoring the bravery, determination , and sacrifice of the people of Ukraine during and since the Revolution, and condemning continued Russian aggression against Ukraine.”
The Senate passed S.Res.74 unanimously.
Congressman Albio Sires (D-NJ)
, Chairman of the House Committee on Foreign Affairs’ Subcommittee on Western Hemisphere, Civilian Security and Trade, introduced along with 46 co-sponsors
, H.Res.546
, “Disapproving the Russian Federation’s inclusion in future Group of Seven summits until it respects the territorial integrity of its neighbors and adheres to the standards of democratic societies.
The House of Representatives passed H.Res.546 on a Roll Call vote of 339-71.
Senator Ron Johnson (R-WI)
, Chairman of the Senate Committee on Foreign Relations’ Subcommittee on Europe and Regional Security Cooperation, and Vice Chair of the Senate Ukraine Caucus introduced
S.Res.27
with 66 co-sponsors, “Calling for a prompt multinational freedom of navigation operation in the Black Sea and urging the cancellation of the Nord Stream 2 pipeline.”
S.Res. 27 has been reported favorably by the Senate Committee on Foreign Relations
Senator Marko Rubio (R-FL
) Chairman of the Senate Committee on Foreign Relations’ Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy and Human Rights, and member of the Senate Ukraine Caucus, for himself and 6 co-sponsors, introduced
S.Res.81
, “Calling for accountability and justice for the assassination of Boris Nemtsov.” One relevant paragraph, “Whereas Boris Nemtsov was a powerful voice in opposition to the authoritarianism and corruption of Vladimir Putin’s government, publicizing its abuses, leading street protests against election fraud and the war on Ukraine, and successfully advocating for international sanctions on human rights violators…”
S.Res. 81 was reported by the Senate Committee on Foreign Relations.
Congressman Gerald Connolly (D-VA
), for himself and 25 co-sponsors, introduced
H.R. 596
, The Crimea Annexation Non-recognition Act.
H.R. 596 has passed the House of Representatives and is in the Senate Committee on Foreign Relations.
Legislation introduced but not yet acted upon:
Congressman Joe Wilson (R-SC
), Ranking Member on the House Committee on Foreign Affairs’ Subcommittee on Middle East, North Africa and Terrorism, introduced along with 12 co-sponsors
H.R. 5408
, “To oppose violations of religious freedom in Ukraine by Russia and armed groups commanded by Russia.”
Senator Roger F. Wicker (R-MS)
, Co-Chair of the Commission on Security and Cooperation in Europe (Helsinki Commission) introduced S. 3064 a companion measure to
H.R. 5408
above.
Congressman Michael McCaul
(R-TX
), Ranking Republican on the House Committee on Foreign Affairs, along with 3 co-sponsors including
Chairman Eliot Engle
,
H.R. 3047
, “To provide support to Ukraine to defend its independence, sovereignty, and territorial integrity….” Among other things Section 5 of the legislation calls for Major Non-NATO Ally Status for Ukraine.
Congressman Bill Keating (D-MA)
, Chairman of the House Committee on Foreign Affairs’ Subcommittee on Europe, Eurasia, and the Environment introduced H.Res
. 487
for himself and
Congressman Adam Kinzinger (R-Il)
the Ranking Republican on his subcommittee, “Expressing full support to the Ukrainian people in their aspiration to continue consolidating their democracy and rule of law.”
Congressman Joe Wilson (R-SC
), for himself and
Congressman Bill Keating (D-MA
) introduced
H.Res. 510
, “Affirming United States support to the countries of Ukraine, Georgia, and Moldova in their effort to retain political sovereignty and territorial integrity.”
Congressman Bill Keating (D-MA
), introduced
H.Res. 759
, “Expressing that it is the sense of the House of Representatives that the Russian Federation interfered in the 2016 United States Presidential election and deliberately spread false information to implicate the Republic of Ukraine.”
Congressman Michael Conaway (R-TX
), introduced
H.Res.116
with 21 co-sponsors, which is companion legislation to S.Res.27 by Senator Ron Johnson, “Calling for a prompt multinational freedom of navigation operation in the Black Sea and urging the cancellation of the Nord Stream 2 pipeline.”
Congresswoman Marcy Kaptur (D-OH)
, Co-Chair House Ukraine Caucus, introduced
H.R. 3841
with 3 co-sponsors, “Stopping Aggressive Incursions on Liberty by Ordering Russian Sanctions Act.”
Senator Cory Gardner (R-CO),
Chairman of the Senate Committee on Foreign Relations’ Subcommittee on East Asia, the Pacific, and International Cybersecurity Policy, for himself and
Senator Robert Menendez (D-NJ),
Ranking Democrat on the Senate Committee on Foreign Relations introduced
S. 1189
, “To require the Secretary of State to determine whether the Russian Federation should be designated as a state sponsor of terrorism and whether Russian-sponsored armed entities in Ukraine should be designated as foreign terrorist organizations.”
Congresswoman Marcy Kaptur (D-OH
), Co-Chair of the House Ukraine Caucus, with 3 co-sponsors introduced
H.Res.474
, “Condemning the decision of the Parliamentary Assembly of the Council of Europe to restore full rights to Russia within the Council.”
Congressman Heck (D-WA
), for himself and 24 co-sponsors, introduced
H.R. 2023
, “To impose sanctions with respect to the provision of certain vessels for the construction of Russian energy export pipelines.”
Congressman Barr (R-KY),
for himself and 6 co-sponsors introduced
H.R. 4818
, “To impose sanctions with respect to the provision of certain vessels for the construction of Russian energy export pipelines.”
Congressman Adam Kinzinger (R-Il)
for himself and 3 co-sponsors, introduced
H.R. 3206,
“To impose sanctions with respect to the provision of certain vessels for the construction of Russian energy export pipelines.”
Senator Lindsey Graham (R-SC)
with 4 co-sponsors introduced
S. 482
, the Defending American Security from Kremlin Aggression Act.
Congressman Eliot Engel (D-NY)
, Chairman of the House Committee on Foreign Affairs, and member of the House Ukraine Caucus, for himself and 18 co-sponsors, introduced H.Res.156, “Calling for accountability and justice for the assassination of Boris Nemtsov,” a companion resolution to S. Res. 81 of Senator Rubio above, which has been reported by the Senate Committee on Foreign Relations..
There are other pieces of legislation against Nord Stream 2 that I have not listed.
