Title: Ukraine Democracy Defense Lend-Lease Act of 2022
Policy area: International Affairs

Summary:
Ukraine Democracy Defense Lend-Lease Act of 2022
This bill temporarily waives certain requirements related to the President's authority to lend or lease defense articles if the defense articles are intended for Ukraine's government and necessary to protect civilians in Ukraine from Russian military invasion.
An agreement to lend or lease defense articles under this bill shall not be subject to certain requirements and provisions that typically apply to such lend-lease agreements, including (1) a requirement that prohibits a loan period from exceeding five years, (2) a requirement that the United States may recall the loaned defense article at any time, (3) a requirement that the receiving party has agreed to pay the United States all costs incurred in leasing the defense article, and (4) a provision that allows Congress to prohibit certain transfers of defense articles upon the enactment of a joint resolution.
The waivers provided by this bill shall be in effect until (1) the conflict beginning with Russia's annexation of the Crimea region of Ukraine in 2014 has ceased, and (2) Russia has reduced its military force on Ukraine's eastern border to the levels maintained prior to March 1, 2021.
The President must establish expedited procedures to ensure the timely delivery of defense articles loaned or leased under this bill.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3522 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ukraine Democracy Defense Lend-Lease 
Act of 2022''.

SEC. 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''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.
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