Sec. 1250. UKRAINE SECURITY ASSISTANCE INITIATIVE
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## SEC. 1250 UKRAINE SECURITY ASSISTANCE INITIATIVE ###
(a)Authority to Provide Assistance ####
(1)In general Amounts available for a fiscal year under subsection
(f)shall be available to the Secretary of Defense, with the concurrence of the Secretary of State, to provide, for the purposes described in paragraph (2), appropriate security assistance and intelligence support, including training, equipment, and logistics support, supplies and services, salaries and stipends, and sustainment, to— #####
(A)the military and national security forces of Ukraine; and #####
(B)other forces or groups recognized by, and under the authority of, the Government of Ukraine, including governmental entities within Ukraine that are engaged in resisting Russian aggression. ####
(2)Purposes described The purposes described in this paragraph are as follows: #####
(A)To enhance the capabilities of the military and other security forces of the Government of Ukraine to defend against further aggression. #####
(B)To assist Ukraine in developing the combat capability to defend its sovereignty and territorial integrity. #####
(C)To support the Government of Ukraine in defending itself against actions by Russia and Russian-backed separatists. ###
(b)Appropriate Security Assistance and Intelligence Support For purposes of subsection (a), appropriate security assistance and intelligence support includes the following: ####
(1)Real time or near real time actionable intelligence, including by lease of such capabilities from United States commercial entities. ####
(2)Lethal assistance such as anti-armor weapon systems, mortars, crew-served weapons and ammunition, grenade launchers and ammunition, and small arms and ammunition. ####
(3)Counter-artillery radars, including medium-range and long-range counter-artillery radars that can detect and locate long-range artillery. ####
(4)Manned and unmanned aerial capabilities, including tactical surveillance systems and fixed and rotary-wing aircraft, such as attack, strike, airlift, and surveillance aircraft. ####
(5)Cyber capabilities. ####
(6)Counter-electronic warfare capabilities such as secure communications equipment and other electronic protection systems. ####
(7)Other electronic warfare capabilities. ####
(8)Training for critical combat operations such as planning, command and control, small unit tactics, counter-artillery tactics, logistics, countering improvised explosive devices, battle-field first aid, post-combat treatment, and medical evacuation. ####
(9)Equipment and technical assistance to the State Border Guard Service of Ukraine for the purpose of developing a comprehensive border surveillance network for Ukraine. ####
(10)Training for staff officers and senior leadership of the military. ####
(11)Air defense and coastal defense radars, and systems to support effective command and control and integration of air defense and coastal defense capabilities. ####
(12)Naval mine and counter-mine capabilities. ####
(13)Littoral-zone and coastal defense vessels. ####
(14)Coastal defense and anti-ship missile systems. ####
(15)Training required to maintain and employ systems and capabilities described in paragraphs
(1)through (14). ####
(16)Treatment of wounded Ukrainian soldiers in the United States in medical treatment facilities through the Secretarial Designee Program, including transportation, lodging, meals, and other appropriate non-medical support in connection with such treatment, and education and training for Ukrainian healthcare specialists such that they can provide continuing care and rehabilitation services for wounded Ukrainian soldiers. ###
(c)Availability of Funds ####
(1)Assistance for ukraine Not more than 50 percent of the funds available for fiscal year 2023 pursuant to subsection (f)(8) may be used for purposes of subsection
(a)until the certification described in paragraph
(2)is made. ####
(2)Certification #####
(A)In general The certification described in this paragraph 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, in such areas as described in subparagraph (B), for purposes of decreasing corruption, increasing accountability, and sustaining improvements of combat capability enabled by assistance under subsection (a). #####
(B)Areas described The areas described in this subparagraph are— ######
(i)strengthening civilian control of the military; ######
(ii)enhanced cooperation and coordination with Verkhovna Rada efforts to exercise oversight of the Ministry of Defense and military forces; ######
(iii)increased transparency and accountability in defense procurement; ######
(iv)improvement in transparency, accountability, sustainment, and inventory management in the defense industrial sector; ######
(v)protection of proprietary or sensitive technologies as such technologies relate to foreign military sales or transfers; ######
(vi)transformation of command and control structures and roles in line with North Atlantic Treaty Organization principles; and ######
(vii)improvement of human resources management, including to support career management reforms, enhanced social support to military personnel and their families, and professional military education systems. #####
(C)Assessment The certification shall include an assessment of the substantial actions taken to make such defense institutional reforms and the areas in which additional action is needed and a description of the methodology used to evaluate whether Ukraine has made progress in defense institutional reforms relative to previously established goals and objectives. ####
(3)Other purposes If in fiscal year 2023 funds are not available for purposes of subsection
(a)by reason of the lack of a certification described in paragraph (2), such funds may be used in that fiscal year for the purposes as follows: #####
(A)Assistance or support to national-level security forces of other Partnership for Peace nations that the Secretary of Defense determines to be appropriate to assist in preserving their sovereignty and territorial integrity against Russian aggression. #####
(B)Exercises and training support of national-level security forces of Partnership for Peace nations or the Government of Ukraine that the Secretary of Defense determines to be appropriate to assist in preserving their sovereignty and territorial integrity against Russian aggression. ####
(4)Notice to congress Not later than 15 days before providing assistance or support under paragraph (3), 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: #####
(A)The recipient foreign country. #####
(B)A detailed description of the assistance or support to be provided, including— ######
(i)the objectives of such assistance or support; ######
(ii)the budget for such assistance or support; and ######
(iii)the expected or estimated timeline for delivery of such assistance or support. #####
(C)Such other matters as the Secretary considers appropriate. ####
(5)Waiver of certification requirement The Secretary of Defense, with the concurrence of the Secretary of the State, may waive the certification requirement in paragraph
(2)if the Secretary submits 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 written certification, not later than 5 days after exercising the waiver, that doing so is in the national interest of the United States due to exigent circumstances caused by the Russian invasion of Ukraine. ####
(6)Availability of funds for programs across fiscal years Amounts made available after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026 in a fiscal year to carry out the authority in subsection
(a)may be used for programs under that authority that begin in such fiscal year and end not later than the end of the second fiscal year thereafter. ####
(7)Authority for interchange of supplies and services The limitation in subsection (b)(2) of section 2571 of title 10, United States Code, shall not apply with respect to reimbursable support for the purpose of providing assistance under this section. ###
(d)United States Inventory and Other Sources ####
(1)In general In addition to any assistance provided pursuant to subsection (a), the Secretary of Defense is authorized, with the concurrence of the Secretary of State, to make available to the Government of Ukraine weapons and other defense articles, from the United States inventory and other sources, and defense services, and to recover or dispose of such weapons or other defense articles, or to make available such weapons or articles to ally and partner governments to replenish comparable stocks which ally or partner governments have provided to the Government of Ukraine,,18 in such quantity as the Secretary of Defense determines to be appropriate to achieve the purposes specified in subsection (a). 18Double commas are so in law. ####
(2)Replacement Amounts for the replacement of any items provided to the Government of Ukraine pursuant to paragraph
(1)shall be derived from the amount available pursuant to subsection
(a)or amounts authorized to be appropriated for the Department of Defense for overseas contingency operations for weapons procurement. ####
(3)Congressional notification Not later than 10 days before providing replenishment to an ally or partner government pursuant to paragraph (1), the Secretary of Defense shall transmit 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: #####
(A)An identification of the recipient foreign country. #####
(B)A detailed description of the articles to be provided, including the dollar value, origin, and capabilities associated with the articles. #####
(C)A detailed description of the articles provided to Ukraine to be replenished, including the dollar value, origin, and capabilities associated with the articles. #####
(D)The impact on United States stocks and readiness of transferring the articles. #####
(E)An assessment of any security, intellectual property, or end use monitoring issues associated with transferring the articles. ###
(e)Construction of Authorization Nothing in this section shall be construed to constitute a specific statutory authorization for the introduction of United States Armed Forces into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. ###
(f)Funding From amounts authorized to be appropriated for the fiscal year concerned for the Department of Defense, up to the following shall be available for purposes of subsection (a): ####
(1)For fiscal year 2016, $300,000,000. ####
(2)For fiscal year 2017, $350,000,000. ####
(3)For fiscal year 2018, $350,000,000. ####
(4)For fiscal year 2019, $250,000,000. ####
(5)For fiscal year 2020, $300,000,000. ####
(6)For fiscal year 2021, $250,000,000. ####
(7)For fiscal year 2022, $300,000,000. ####
(8)For fiscal year 2023, $800,000,000. ####
(9)For fiscal year 2024, $300,000,000. ####
(10)For fiscal year 2025, $300,000,000. ####
(11)For fiscal year 2026, $400,000,000. ####
(12)For fiscal year 2027, $400,000,000. ###
(g)Construction With Other Authority The authority to provide assistance and support pursuant to subsection (a), and the authority to provide assistance and 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. ###
(h)Termination of Authority Assistance may not be provided under the authority in this section after December 31, 2029. ###
(i)Extension of Reports on Military Assistance to Ukraine 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) is amended by striking “January 31, 2017” and inserting “December 31, 2017”. ###
(j)Expedited Notification Requirement Not later than 15 days before providing assistance or support under subsection (a), or as far in advance as is practicable if the Secretary of Defense determines, on a case-by-case basis, that extraordinary circumstances exist that impact the national security of the United States, the Secretary shall transmit 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 a detailed description of the assistance or support to be provided, including— ####
(1)the objectives of such assistance or support; ####
(2)the budget for such assistance or support; and ####
(3)the expected or estimated timeline for delivery of such assistance or support. ###
(k)Accepting Equipment Back Into Stock ####
(1)In general Equipment procured to carry out the authority granted pursuant to subsection
(a)may only be treated as stocks of the Department of Defense if— #####
(A)the equipment procured has not yet been transferred to the Government of Ukraine and is urgently needed to eliminate a deficiency that impacts an ongoing or anticipated, imminent United States contingency operation that, if left unfulfilled, could result in loss of life or critical mission failure for the United States Armed Forces; #####
(B)the equipment procured has not yet been transferred to the Government of Ukraine and is no longer needed to support a program carried out pursuant to such subsection; or #####
(C)the equipment procured has been transferred to the Government of Ukraine and is returned by Ukraine to the United States. ####
(2)Replacement In the case of treating equipment as stocks of the Department of Defense pursuant to paragraph (1)(A), the Secretary shall, using amounts made available after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, initiate action to replace such equipment for the Government of Ukraine within 30 days of transmitting the applicable notification required under paragraph (3). ####
(3)Notification The Secretary may only treat equipment procured to carry out the authority granted pursuant to subsection
(a)as stocks of the Department of Defense pursuant to paragraph
(1)if the Secretary submits 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 that describes how the relevant conditions to treat the equipment as stocks were met— #####
(A)in the case of a notification relating to equipment described in subparagraph
(A)of such paragraph (1), as soon as feasible but not later than 48 hours after the date on which the Secretary determines to treat such equipment as stocks of the Department; or #####
(B)in the case of a notification relating to equipment described in subparagraph
(B)or
(C)of such paragraph, not fewer than 15 days before the entry into effect of a determination by the Secretary to treat such equipment as such stocks. ####
(4)Report In the case of treating equipment as stocks of the Department of Defense pursuant to paragraph (1)(A), the Secretary shall transmit to the congressional defense committees not later than 15 days after submitting the notification required in paragraph
(3)a report with the plan of the Department of Defense to replace the equipment originally intended for the Government of Ukraine, including sourcing, timeline for procurement, and delivery.
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- 128 Stat. 3592
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