S.Amdt. 6108

1. Rewrites section 1233

   Replaces

   In S.Amdt. 5499 as proposed

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   SEC. 1233. EXTENSION AND MODIFICATION OF UKRAINE SECURITY ASSISTANCE INITIATIVE.

   (a) Authority To Provide Assistance.--Subsection (a) of section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1608) is amended to read as follows:

   "(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, 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 replace, from the inventory of the United States, weapons and articles provided to the Government of Ukraine.

   "(D) To recover or dispose of equipment procured using funds made available under this section.".

   Struck: (b) United States Inventory and Other Sources.--Subsection (d) of such section is amended by adding at the end the following new paragraph:

   Inserted: (b) Facilitation and Processing of Surrender and Defections of Members of the Military Forces of the Russian Federation.--

   Inserted: (1) In general.--Of the funds available for fiscal year 2023 pursuant to subsection (f)(8), $50,000,000 shall be available to assist the Government of Ukraine, and the governments of other partner countries in Europe, in facilitating and processing members of the military forces of the Russian Federation who--

   Inserted: (A) surrender in Ukraine; or

   Inserted: (B) defect from the Russian Federation.

   Inserted: (2) Eligible activities.-- The funds provided under paragraph (1) may be used for--

   Inserted: (A) intelligence sharing among the United States, Ukraine, and European partners with respect to surrenders and defections by members of the military forces of the Russian Federation;

   Inserted: (B) information operations with respect to such surrenders and defections;

   Inserted: (C) the solicitation of such surrenders and defections, with a priority for high-ranking officers of the military forces of the Russian Federation; and

   Inserted: (D) detention and security force operations relating to such surrenders and defections.

   Inserted: (3) Prohibited activities.--The funds provided under paragraph (1) shall not be used for cash payments, transfer of items of monetary value, or bribes.

   Inserted: (c) United States Inventory and Other Sources.--Subsection (d) of such section is amended by adding at the end the following new paragraph:

   "(3) Acceptance of returned equipment.--

   "(A) In general.--The Secretary of Defense may accept equipment procured under the authority of this section that was transferred to the military or national security forces of Ukraine or to other assisted entities and has been returned by such forces to the United States.

   "(B) Treatment as stocks of the department.--Equipment procured under the authority of this section that has not been transferred to the military or national security forces of Ukraine or to other assisted entities, or that has been returned by such forces or other assisted entities to the United States, may, upon written notification by the Secretary of Defense to the congressional defense committees, be treated as stocks of the Department.".

   ([struck: c][inserted: d]) Funding.--Subsection (f) of such section is amended by adding at the end the following new paragraph:

   "(8) For fiscal year 2023, [struck: $800,000,000][inserted: $850,000,000].".

   ([struck: d][inserted: e]) Notice to Congress; Reports.--Such section is further amended--

   (1) by striking the second subsection (g);

   (2) by redesignating the first subsection (g) (as added by section 1237(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2496)) and subsection (h) as subsections (i) and (j), respectively; and

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   (3) by inserting after subsection (f) the following new subsections (g) and (h):

   "(g) Notice to Congress.--

   "(1) In general.--Not less than 15 days before providing assistance or support under this section (or 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, as far in advance as is practicable), the Secretary of Defense shall submit to the congressional defense committees a written notification of the details of such assistance or support.

   "(2) Support to other forces or groups.--Not less than 15 days before providing assistance or support under this section to other forces or groups described in subsection (a)(1)(B) (or 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, as far in advance as is practicable but not later than 48 hours in advance) the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification detailing the intended recipient forces or groups, the command and control relationship that each such entity has with the Government of Ukraine, and the assistance or support to be provided.

   "(h) Quarterly Reports.--Not less frequently than quarterly, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under this section.".

   ([struck: e][inserted: f]) Termination of Authority.--Subsection (i) of such subsection, as redesignated, is amended by striking "December 31, 2024" and inserting "December 31, 2025".

   Original wording

   Strike section 1233 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed