II 

117TH CONGRESS 

2D SESSION S. 3522 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ukraine Democracy 

5 Defense Lend-Lease Act of 2022’’. 

6 SEC. 2. REAFFIRMATION OF POLICY. 

7 Congress reaffirms— 


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1 (1) its finding under section 501 of the Foreign 

2 Assistance Act of 1961 (22 U.S.C. 2301) that ‘‘the 

3 efforts of the United States and other friendly coun4 tries to promote peace and security continue to re5 quire measures of support based upon the principle 

6 of effective self-help and mutual aid’’; 

7 (2) its recognition under that section that ‘‘the 

8 peace of the world and the security of the United 

9 States are endangered so long as hostile countries 

10 continue by threat of military action, by the use of 

11 economic pressure, and by internal subversion, or 

12 other means to attempt to bring under their domina13 tion peoples now free and independent and continue 

14 to deny the rights of freedom and self-government to 

15 peoples and countries once free but now subject to 

16 such domination’’; and 

17 (3) its intention under that section ‘‘to promote 

18 the peace of the world and the foreign policy, secu19 rity, and general welfare of the United States by fos20 tering an improved climate of political independence 

21 and individual liberty, [and] improving the ability of 

22 friendly countries and international organizations to 

23 deter or, if necessary, defeat aggression’’. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Relations, 

5 the Committee on Armed Services, and the 

6 Committee on Appropriations of the Senate; 

7 and 

8 (B) the Committee on Foreign Affairs, the 

9 Committee on Armed Services, and the Com10 mittee on Appropriations of the House of Rep11 resentatives. 

12 (2) CRITICAL INFRASTRUCTURE.—The term 

13 ‘‘critical infrastructure’’ means systems and assets, 

14 whether physical or virtual, so vital to Ukraine that 

15 the incapacity or destruction of such systems and 

16 assets would have a debilitating impact on the secu17 rity, national economic security, or national public 

18 health or safety of Ukraine, or any combination of 

19 those matters. 

20 (3) DEFENSE ARTICLE.—The term ‘‘defense ar21 ticle’’— 

22 (A) has the meaning given that term in 

23 section 644 of the Foreign Assistance Act of 

24 1961 (22 U.S.C. 2403); and 


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1 (B) includes United States cyber capabili2 ties and assets. 

3 SEC. 4. AGREEMENTS WITH THE GOVERNMENT OF 

4 UKRAINE TO LEND OR LEASE DEFENSE ARTI5 CLES TO THAT GOVERNMENT TO PROTECT 

6 CIVILIAN POPULATIONS IN UKRAINE FROM 

7 RUSSIAN INVASION. 

8 (a) AUTHORITY.— 

9 (1) IN GENERAL.—Subject to the provisions of 

10 law described in paragraph (2), the President may 

11 enter into one or more agreements directly with the 

12 Government of Ukraine to lend or lease defense arti13 cles to that Government if— 

14 (A) before the date on which a defense ar15 ticle is transferred to the Government of 

16 Ukraine under such an agreement, the Govern17 ment of Ukraine certifies to the President of 

18 the United States that the defense article is 

19 necessary to protect civilian populations in 

20 Ukraine from Russian military invasion; and 

21 (B) not later than 90 days after the date 

22 on which a defense article is transferred to the 

23 Government of Ukraine under such an agree24 ment, the President certifies to the appropriate 

25 congressional committees that the defense artiVerDate Sep 11 2014 16:41 Jan 25, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3522.IS S3522

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1 cle is necessary to protect civilian populations 

2 in Ukraine from Russian military invasion. 

3 (2) PROVISIONS OF LAW DESCRIBED.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the provisions of law de6 scribed in this paragraph are the following: 

7 (i) The Foreign Assistance Act of 

8 1961 (22 U.S.C. 2151 et seq.). 

9 (ii) The Arms Export Control Act (22 

10 U.S.C. 2751 et seq.). 

11 (iii) Any other relevant provision of 

12 law. 

13 (B) EXCLUSIONS.—The enhanced author14 ity described in paragraph (1) is not subject to 

15 the following provisions of law: 

16 (i) Section 503(b)(3) of the Foreign 

17 Assistance Act of 1961 (22 U.S.C. 

18 2311(b)(3)). 

19 (ii) Sections 61 and 63 of the Arms 

20 Export Control Act (22 U.S.C. 2796 and 

21 2796b). 

22 (3) WAIVER OF CERTAIN REPORT REQUIRE23 MENTS.—Congress finds that an emergency exists 

24 for purposes of subsection (b) of section 62 of the 


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1 Arms Export Control Act (22 U.S.C. 2796a), and 

2 the requirements of that section are waived. 

3 (b) EXPIRATION OF AUTHORITY.— 

4 (1) IN GENERAL.—The enhanced authority de5 scribed in subsection (a) shall expire on the date on 

6 which each of the following conditions is met: 

7 (A) The conflict described in paragraph 

8 (2)(A) has ceased. 

9 (B) The Russian Federation has reduced 

10 its military force on the eastern border of 

11 Ukraine to levels commensurate with the levels 

12 maintained prior to March 1, 2021. 

13 (2) CONFLICT DESCRIBED.— 

14 (A) IN GENERAL.—The conflict described 

15 in this paragraph is the conflict between the 

16 Russian Federation and Ukraine that began in 

17 February 2014 when the Russian Federation 

18 invaded Ukraine and annexed the Crimea re19 gion of Ukraine. 

20 (B) TREATMENT OF ATTACKS ON CIVILIAN

21 POPULATIONS.—Any attack by the Russian 

22 Federation on a civilian population in Ukraine, 

23 including any conventional attack on a civilian 

24 population or any cyber attack to critical infra25 structure in Ukraine that originates from withVerDate Sep 11 2014 16:41 Jan 25, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3522.IS S3522

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1 in the Russian Federation, shall be treated as 

2 a continuation of the conflict described in sub3 paragraph (A). 

4 (c) DELEGATION OF AUTHORITY.—The President 

5 may delegate the enhanced authority described in sub6 section (a) only to an official appointed by the President 

7 by and with the advice and consent of the Senate. 

8 SEC. 5. PROCEDURES FOR DELIVERY OF DEFENSE ARTI9 CLES. 

10 Not later than 90 days after the date of the enact11 ment of this Act, the President shall establish expedited 

12 procedures for the delivery of any defense article loaned 

13 or leased to the Government of Ukraine under an agree14 ment entered into under section 4(a) to ensure timely de15 livery of the article to that Government. 

16 SEC. 6. REPORTS REQUIRED. 

17 (a) REPORT ON USE OF AUTHORITY.— 

18 (1) IN GENERAL.—Not later than 90 days after 

19 the date of the enactment of this Act, the President 

20 shall submit to the appropriate congressional com21 mittees a report setting forth the following: 

22 (A) An identification of any defense arti23 cles loaned or leased to the Government of 

24 Ukraine under an agreement entered into under 


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1 section 4(a), disaggregated by articles loaned 

2 and articles leased. 

3 (B) The intended use and specific protec4 tion circumstances for each defense article iden5 tified under subparagraph (A). 

6 (2) UPDATES.—Not less frequently than once 

7 every 90 days until the conflict described in section 

8 4(b)(2) has ceased, the President shall update the 

9 report required by paragraph (1). 

10 (b) REPORT ON EFFORTS TO LIFT NSPA RESTRIC11 TIONS ON TRANSFERS OF DEFENSE ARTICLES TO

12 UKRAINE.—Not later than 90 days after the date of the 

13 enactment of this Act, the President shall submit to the 

14 appropriate congressional committees a report on restric15 tions imposed by the North Atlantic Treaty Organization 

16 (NATO) Support and Procurement Agency on transfers 

17 of defense articles to Ukraine, including a discussion of 

18 whether such restrictions should be lifted. 

Æ 


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