117 S3522 IS: Ukraine Democracy Defense Lend-Lease Act of 2022
U.S. Senate
2022-01-19
text/xml
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II
117th CONGRESS
2d Session
S. 3522
IN THE SENATE OF THE UNITED STATES
January 19 (legislative day, January 18), 2022
Mr. Cornyn (for himself, Mr. Cardin, Mr. Wicker, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations
A BILL
To provide enhanced authority for the President to enter into agreements with the Government of Ukraine to lend or lease defense articles to that Government to protect civilian populations in Ukraine from Russian military invasion, and for other purposes.
1.

Short title
This Act may be cited as the “Ukraine Democracy Defense Lend-Lease Act of 2022”.
2.

Reaffirmation of policy
Congress reaffirms—
(1)
its finding under section 501 of the Foreign Assistance Act of 1961 (22 U.S.C. 2301) that “the efforts of the United States and other friendly countries to promote peace and security continue to require measures of support based upon the principle of effective self-help and mutual aid”;
(2)
its recognition under that section that “the peace of the world and the security of the United States are endangered so long as hostile countries continue by threat of military action, by the use of economic pressure, and by internal subversion, or other means to attempt to bring under their domination peoples now free and independent and continue to deny the rights of freedom and self-government to peoples and countries once free but now subject to such domination”; and
(3)
its intention under that section “to promote the peace of the world and the foreign policy, security, and general welfare of the United States by fostering an improved climate of political independence and individual liberty, [and] improving the ability of friendly countries and international organizations to deter or, if necessary, defeat aggression”.
3.

Definitions
In this Act:
(1)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(B)
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
(2)

Critical infrastructure
The term critical infrastructure means systems and assets, whether physical or virtual, so vital to Ukraine that the incapacity or destruction of such systems and assets would have a debilitating impact on the security, national economic security, or national public health or safety of Ukraine, or any combination of those matters.
(3)

Defense article
The term defense article—
(A)
has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403); and
(B)
includes United States cyber capabilities and assets.
4.

Agreements with the Government of Ukraine to lend or lease defense articles to that Government to protect civilian populations in Ukraine from Russian invasion
(a)

Authority
(1)

In general
Subject to the provisions of law described in paragraph (2), the President may enter into one or more agreements directly with the Government of Ukraine to lend or lease defense articles to that Government if—
(A)
before the date on which a defense article is transferred to the Government of Ukraine under such an agreement, the Government of Ukraine certifies to the President of the United States that the defense article is necessary to protect civilian populations in Ukraine from Russian military invasion; and
(B)
not later than 90 days after the date on which a defense article is transferred to the Government of Ukraine under such an agreement, the President certifies to the appropriate congressional committees that the defense article is necessary to protect civilian populations in Ukraine from Russian military invasion.
(2)

Provisions of law described
(A)

In general
Except as provided in subparagraph (B), the provisions of law described in this paragraph are the following:
(i)
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(ii)
The Arms Export Control Act (22 U.S.C. 2751 et seq.).
(iii)
Any other relevant provision of law.
(B)

Exclusions
The enhanced authority described in paragraph (1) is not subject to the following provisions of law:
(i)
Section 503(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2311(b)(3)).
(ii)
Sections 61 and 63 of the Arms Export Control Act (22 U.S.C. 2796 and 2796b).
(3)

Waiver of certain report requirements
Congress finds that an emergency exists for purposes of subsection (b) of section 62 of the Arms Export Control Act (22 U.S.C. 2796a), and the requirements of that section are waived.
(b)

Expiration of authority
(1)

In general
The enhanced authority described in subsection (a) shall expire on the date on which each of the following conditions is met:
(A)
The conflict described in paragraph (2)(A) has ceased.
(B)
The Russian Federation has reduced its military force on the eastern border of Ukraine to levels commensurate with the levels maintained prior to March 1, 2021.
(2)

Conflict described
(A)

In general
The conflict described in this paragraph is the conflict between the Russian Federation and Ukraine that began in February 2014 when the Russian Federation invaded Ukraine and annexed the Crimea region of Ukraine.
(B)

Treatment of attacks on civilian populations
Any attack by the Russian Federation on a civilian population in Ukraine, including any conventional attack on a civilian population or any cyber attack to critical infrastructure in Ukraine that originates from within the Russian Federation, shall be treated as a continuation of the conflict described in subparagraph (A).
(c)

Delegation of authority
The President may delegate the enhanced authority described in subsection (a) only to an official appointed by the President by and with the advice and consent of the Senate.
5.

Procedures for delivery of defense articles
Not later than 90 days after the date of the enactment of this Act, the President shall establish expedited procedures for the delivery of any defense article loaned or leased to the Government of Ukraine under an agreement entered into under section 4(a) to ensure timely delivery of the article to that Government.
6.

Reports required
(a)

Report on use of authority
(1)

In general
Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report setting forth the following:
(A)
An identification of any defense articles loaned or leased to the Government of Ukraine under an agreement entered into under section 4(a), disaggregated by articles loaned and articles leased.
(B)
The intended use and specific protection circumstances for each defense article identified under subparagraph (A).
(2)

Updates
Not less frequently than once every 90 days until the conflict described in section 4(b)(2) has ceased, the President shall update the report required by paragraph (1).
(b)

Report on efforts To lift NSPA restrictions on transfers of defense articles to Ukraine
Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on restrictions imposed by the North Atlantic Treaty Organization (NATO) Support and Procurement Agency on transfers of defense articles to Ukraine, including a discussion of whether such restrictions should be lifted.