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Code · BILL · 114th Congress · S. 2943 (PAP) — To authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military c... · Sec. 1231

Sec. 1231. Extension and enhancement of Ukraine Security Assistance Initiative

941 words·~4 min read·/bill/114/s/2943/pap/section-1231·

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Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1068) is amended— in subsection (a), by striking Of the amounts and all that follows through shall be available to and inserting Amounts available for a fiscal year under subsection
(f)shall be available to ; by redesignating subsection
(f)as subsection (h); and by inserting after subsection
(e)the following new subsection (f): From amounts authorized to be appropriated for the fiscal year concerned for the Department of Defense for overseas contingency operations, the following shall be available for purposes of subsection (a): For fiscal year 2016, $300,000,000. For fiscal year 2017, $500,000,000. . Subsection
(b)of such section is amended by adding at the end the following new paragraphs: Equipment and technical assistance to the State Border Guard Service of Ukraine for the purpose of developing a comprehensive border surveillance network for Ukraine. Training for staff officers and senior leadership of the military. . Subsection
(c)of such section is amended— in paragraph (1), by inserting for a fiscal year after pursuant to subsection
(a); in paragraph (2), by striking pursuant to subsection
(a)and all that follows and inserting “pursuant to subsection
(a)for a fiscal year, the amount as follows shall be available only for lethal assistance described in paragraphs
(2)and
(3)of subsection
(b)in that fiscal year: In fiscal year 2016, $50,000,000. In fiscal year 2017, $150,000,000. ; in paragraph (3)— in the paragraph heading, by striking and inserting Other purposes ; Availability for non-Ukraine purposes of certain amount otherwise available for Ukraine defensive lethal assistance in the matter preceding subparagraph (A), by striking the first sentence and inserting the following new sentence: Subject to paragraph (5), the amount described in paragraph (2)(B) for fiscal year 2017 shall be available for purposes other than assistance and support described in subsection
(a)commencing on the date that is 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017 if the Secretary of Defense, with the concurrence of the Secretary of State, determines that the use of such amount for lethal assistance described in paragraphs
(2)and
(3)of subsection
(b)is not in the national security interests of the United States. ; and in subparagraph (B), by striking or the Government of Ukraine ; and by adding at the end the following new paragraphs: If the certification described in subparagraph
(B)is not made to the congressional defense committees by the end of the 90-day period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, commencing as of the end of that period $250,000,000 of the amount available for this section for fiscal year 2017 under subsection
(f)shall be available in accordance with paragraph (5)(B). A certification described in this subparagraph is a certification by the Secretary of Defense, in coordination with the Secretary of State, that the Government of Ukraine has taken substantial actions to make defense institutional reforms to decrease corruption, increase accountability, and sustain improvements of combat capability enabled by such security assistance. The certification shall include an assessment of the substantial actions taken to make defense institutional reforms and the areas in which additional action is needed. In the event funds described in paragraph (2)(B) are not used in fiscal year 2017 for defensive lethal assistance described in paragraphs
(2)and
(3)of subsection
(b)by reason of a determination under paragraph (3), and funds described in paragraph
(4)are available under that paragraph in that fiscal year by reason of the lack of a certification described in paragraph (4)(B), of the amount available for this section under subsection
(f)for fiscal year 2017— $250,000,000 may be used for assistance and support described in subsection
(a)for the Government of Ukraine; and $250,000,000 may be used for purposes described in paragraph (3), of which not more than $150,000,000 may be used for such purposes for a particular foreign country. Not later than 15 days before providing assistance or training under paragraph (3), (4), or (5), the Secretary of Defense shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification containing the following: The recipient foreign country. A detailed description of the assistance or training to be provided, including— the objectives of such assistance or training; the budget for such assistance or training; and the expected or estimated timeline for delivery of such assistance or training. Such other matters as the Secretary considers appropriate . Such section is further amended by inserting after subsection (f), as amended by subsection (a)(3) of this section, the following new subsection (g): The authority to provide assistance and support pursuant to subsection (a), and the authority to provide assistance and training support under subsection (c), is in addition to authority to provide assistance and support under title 10, United States Code, the Foreign Assistance Act of 1961, the Arms Export Control Act, or any other provision of law. . Subsection
(h)of such section, as redesignated by subsection (a)(2) of this section, is amended by striking December 31, 2017 and inserting December 31, 2019 . Section 1275(e) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3592), as amended by section 1250(g) of the National Defense Authorization Act for Fiscal Year 2016, is further amended by striking December 31, 2017 and inserting December 31, 2020 .
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  • 129 Stat. 1068
  • 128 Stat. 3592
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cites case law
Sec. 1231
Extension and enhancement of Ukraine Security Assistance Initiative
Stat.129 Stat. 1068
Stat.128 Stat. 3592
Cites 4Cited by 0 across 0 sources
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