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Code · STATUTE-COMPILATIONS · William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 · Sec. 1236

Sec. 1236. REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF MILITARY FORCES OF UKRAINE AND RESOURCE PLAN FOR SECURITY ASSISTANCE

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## SEC. 1236 REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF MILITARY FORCES OF UKRAINE AND RESOURCE PLAN FOR SECURITY ASSISTANCE ###
(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 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 transfer 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 to the appropriate committees of Congress 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 assist Ukraine in meeting 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 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 the extent to which 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 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 the extent to which United States security assistance to the Ukrainian air force is in the national security interests of the United States. ####
(4)An assessment of the 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. ###
(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.
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Sec. 1236
REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF MILITARY FORCES OF UKRAINE AND RESOURCE PLAN FOR SECURITY ASSISTANCE
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