S.Amdt. 4243

SA 4243. Mr. PORTMAN submitted an amendment intended to be proposed
by him to the bill S. 2943, to authorize appropriations for fiscal year
2017 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 1231 and insert the following:

SEC. 1231. EXTENSION AND ENHANCEMENT OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.

(a) Funding.--Section 1250 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1068) is amended--
(1) 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'';
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Funding.--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):
``(1) For fiscal year 2016, $300,000,000.
``(2) For fiscal year 2017, $500,000,000.''.
(b) Additional Authorized Assistance.--Subsection (b) of
such section is amended--
(1) in paragraph (2), by striking ``and small arms and
ammunition'' and inserting ``small arms and ammunition, and
air defense weapon systems''; and
(2) by adding at the end the following new paragraphs:
``(10) Equipment and technical assistance to the State
Border Guard Service of Ukraine for the purpose of developing
a comprehensive border surveillance network for Ukraine.
``(11) Training for staff officers and senior leadership of
the military.
``(12) Air defense and coastal defense radars.''.
(c) Availability of Funds.--Subsection (c) of such section
is amended--
(1) in paragraph (1), by inserting ``for a fiscal year''
after ``pursuant to subsection (a)'';
(2) 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 and critical assistance
described in paragraphs (2) and (3) of subsection (b) in that
fiscal year:
``(A) In fiscal year 2016, $50,000,000.
``(B) In fiscal year 2017, $150,000,000;''.
(3) in paragraph (3)--
(A) in the paragraph heading, by striking ``other
purposes'' and inserting ``Availability for non-ukraine
purposes of certain amount otherwise available for ukraine
defensive lethal assistance'';
(B) 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 and critical assistance
described in paragraphs (2) and (3) of subsection (b) is not
in the national security interests of the United States.'';
and
(C) in subparagraph (B), by striking ``or the Government of
Ukraine''; and
(4) by adding at the end the following new paragraphs:
``(4) Availability for non-ukraine purposes of certain
amount otherwise available for ukraine generally.--
``(A) In general.--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).
``(B) Certification.--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 in such areas as civilian
control of the military, cooperation and coordination with
Verkhovna Rada efforts to exercise oversight of the Ministry
of Defense and military forces, increased transparency and
accountability in defense procurement, and improvement in
transparency, accountability, and potential opportunities for
privatization in the defense industrial sector. The purpose
of these defense institutional reforms is to decrease
corruption, increase accountability, and sustain improvements
of combat capability enabled by such international security
assistance. 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.
``(5) Use.--In the event funds described in paragraph
(2)(B) are not used in fiscal year 2017 for defensive lethal
and critical 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 not
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--
``(A) $250,000,000 may be used for assistance and support
described in subsection (a) for the Government of Ukraine;
and
``(B) $250,000,000 may be used for purposes described in
paragraph (3), of which not more

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than $150,000,000 may be used for such purposes for a
particular foreign country.
``(6) Notice to congress.--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:
``(A) The recipient foreign country.
``(B) A detailed description of the assistance or training
to be provided, including--
``(i) the objectives of such assistance or training;
``(ii) the budget for such assistance or training; and
``(iii) the expected or estimated timeline for delivery of
such assistance or training.
``(C) Such other matters as the Secretary considers
appropriate.''.
(d) Construction With Other Authority.--Such section is
further amended by inserting after subsection (f), as amended
by subsection (a)(3) of this section, the following new
subsection (g):
``(g) Construction With Other Authority.--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.''.
(e) Extension.--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''.
(f) 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), 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''.
______