[Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)]
[Senate]
[Pages S3100-S3101]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5956. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 4784, to authorize appropriations for fiscal year 
2027 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:

       At the appropriate place in title XII, insert the 
     following:

     SEC. __. PRE-APPROVAL FOR PURCHASE AND THIRD PARTY TRANSFER 
                   OF CERTAIN DEFENSE ARTICLES FOR UKRAINE.

       (a) Statement of Policy.--As long as the Russian Federation 
     continues to execute its brutal invasion of Ukraine, it is 
     the policy of the United States--
       (1) to welcome long-term investment from allies and 
     partners in the United States defense industrial base; and
       (2) to facilitate increased contributions from allies and 
     partners to the defense of Ukraine.
       (b) Pre-approval for Purchase and Third Party Transfer of 
     Certain Defense Articles for Ukraine.--Section 3 of the Arms 
     Export Control Act (22 U.S.C. 2753) is amended by adding at 
     the end the following:
       ``(h) Purchase and Third Party Transfer: Ukraine.--
       ``(1) In general.--The transfer of defense articles sold by 
     the United States under this Act shall be approved, and 
     subsections (a), (b), and (d) shall not apply to such a 
     transfer, if--
       ``(A) the purchaser of the defense articles to be 
     transferred is the government of a member country of the 
     North Atlantic Treaty Organization, the Government of 
     Australia, the Government of Japan, the Government of the 
     Republic of Korea, the Government of Israel, or the 
     Government of New Zealand;
       ``(B) the recipient of the defense articles to be 
     transferred is the Government of Ukraine;
       ``(C) the defense articles are 155mm artillery shells, 
     155mm Excalibur extended range artillery shells, High 
     Mobility Artillery Rocket System (HIMARS) munitions, or 
     Guided Multiple Launch Rocket System (GMLRS) munitions;
       ``(D) the Government of Ukraine has provided a commitment 
     in writing to the United States Government, including to the 
     Committee on Foreign Relations of the Senate

[[Page S3101]]

     and the Committee on Foreign Affairs of the House of 
     Representatives, that it will not transfer such defense 
     articles, if not demilitarized, to any other foreign country 
     or person without first obtaining the consent of the 
     President; and
       ``(E) the Government of Ukraine accepts title and physical 
     custody of the transferred defense articles before December 
     31, 2030.
       ``(2) Notice to congress.--Before a transfer of defense 
     articles to the Government of Ukraine approved under 
     paragraph (1) is made, the President shall promptly notify 
     the Speaker of the House of Representatives, the Committee on 
     Foreign Affairs of the House of Representatives, and the 
     Committee on Foreign Relations of the Senate of the intended 
     transfer.
       ``(3) Annual extension.--Annually, the Secretary of State 
     may extend the date in paragraph (1)(E) by one year until 
     December 31, 2035, if, before such an extension, the 
     Secretary certifies to the Committee on Foreign Relations of 
     the Senate and the Committee on Foreign Affairs of the House 
     of Representatives that the Russian Federation is continuing 
     to execute its invasion of Ukraine.
       ``(4) Rules of construction.--
       ``(A) Selection of defense articles.--Nothing in this 
     subsection may be construed to limit--
       ``(i) the type or quantity of defense articles that may be 
     requested by, or transferred to, the Government of Ukraine; 
     or
       ``(ii) the timing of such requests or transfers.
       ``(B) Retransfers.--Any request by the Government of 
     Ukraine to retransfer defense articles received by that 
     Government under this Act remains subject to all relevant 
     provisions of this Act.''.
                                 ______