[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6753 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6753
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 HOUSE OF REPRESENTATIVES
February 18, 2022
Mr. Wilson of South Carolina (for himself and Mr. Cohen) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
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 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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