S.Amdt. 1850

SA 1850. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table, as follows:

Strike section 1251 and insert the following:

SEC. 1251. UKRAINE SECURITY ASSISTANCE INITIATIVE.

(a) Authority To Provide Assistance.--Of the amounts
authorized to be appropriated for fiscal year 2016 by title
XV and available for overseas contingency operations as
specified in the funding tables in division D, $300,000,000
may be available to the Secretary of Defense, in coordination
with the Secretary of State, to provide appropriate security
assistance and intelligence support, including training,
equipment, and logistics support, supplies and services, to
military and other security forces of the Government of
Ukraine for the purposes as follows:
(1) To enhance the capabilities of the military and other
security forces of the Government of Ukraine to defend
against further aggression.
(2) To assist Ukraine in developing the combat capability
to defend its sovereignty and territorial integrity.
(3) To support the Government of Ukraine in defending
itself against actions by Russia and Russian-backed
separatists that violate the ceasefire agreements of
September 4, 2014, and February 11, 2015.
(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 companies.
(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) Unmanned aerial tactical surveillance systems.
(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 required to maintain and employ systems and
capabilities described in paragraphs (1) through (7).
(9) Training for critical combat operations such as
planning, command and control, small unit tactics, anti-armor
tactics, counter-artillery tactics, logistics, countering
improvised explosive devices, battle-field first aid, and
medical evacuation.
(10) Training for strategic and operational planning at and
above the brigade level.
(c) Funding Availability and Limitation.--
(1) Training.--Up to 20 percent of the amount described in
subsection (a) may be used to support training pursuant to
section 1207 of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 2151 note), relating to the
Global Security Contingency Fund.
(2) Limitation.--Not more than 50 percent of the amount
described in subsection (a) may be obligated or expended
until an amount equal to 20 percent of such amount has been
obligated or expended for appropriate security assistance
described in paragraphs (1), (2), and (3) of subsection (b)
for the Government of Ukraine.
(3) Alternative use of funds.--In the event funds otherwise
available pursuant to subsection (a) are not used by reason
of the limitation in paragraph (2), such funds may be used at
the discretion of the Secretary of Defense, with concurrence
of the Secretary of State, to provide security assistance and
intelligence support, including training, equipment,
logistics support, supplies and services to military and
other national-level security forces of Partnership for Peace
nations other than Ukraine that the Secretary of Defense
determines may face an elevated risk of Russian aggression
and that the Secretary determines is appropriate to defending
their sovereignty and territorial integrity.
(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, in such quantity as the
Secretary of Defense determines to be appropriate to achieve
the purposes specified in subsection (a).
(2) Replacement.--Amounts for the replacement of any items
provided to the Government of Ukraine pursuant to paragraph
(1) may be derived from funds available for this section or
from amounts authorized to be appropriated for the Department
of Defense for overseas contingency operations for weapons
procurement.
(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) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
coordination with the Secretary of State and other
appropriate agencies, submit to Congress a report setting
forth in detail the following:
(1) The current criteria governing the provision of
security assistance and intelligence support to the
Government of Ukraine.
(2) The plan, including timelines for delivery, types and
quantities of security assistance, and costs, to ensure that
such assistance and support are being provided in compliance
with the authorized purposes specified in subsection (a).
(g) Termination of Authority.--Assistance may not be
provided under the authority in this section after December
31, 2017.
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