In the nature of a substitute.

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In S. 3522 · Introduced in Senate

   SECTION 1. SHORT TITLE.

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

   Struck: SEC. 2. REAFFIRMATION OF POLICY.

   Struck: Congress reaffirms--

   Struck: (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";

   Struck: (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

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   Struck: (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".

   Struck: SEC. 3. DEFINITIONS.

   Struck: In this Act:

   Struck: (1) Appropriate congressional committees.--The term "appropriate congressional committees" means--

   Struck: (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and

   Struck: (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.

   Struck: (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.

   Struck: (3) Defense article.--The term "defense article"--

   Struck: (A) has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403); and

   Struck: (B) includes United States cyber capabilities and assets.

   Struck: 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.

   Struck: (a) Authority.--

   Struck: (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--

   Struck: (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

   Struck: (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.

   Struck: (2) Provisions of law described.--

   Struck: (A) In general.--Except as provided in subparagraph (B), the provisions of law described in this paragraph are the following:

   Struck: (i) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).

   Struck: (ii) The Arms Export Control Act (22 U.S.C. 2751 et seq.).

   Struck: (iii) Any other relevant provision of law.

   Struck: (B) Exclusions.--The enhanced authority described in paragraph (1) is not subject to the following provisions of law:

   Struck: (i) Section 503(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2311(b)(3)).

   Struck: (ii) Sections 61 and 63 of the Arms Export Control Act (22 U.S.C. 2796 and 2796b).

   Struck: (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.

   Struck: (b) Expiration of Authority.--

   Struck: (1) In general.--The enhanced authority described in subsection (a) shall expire on the date on which each of the following conditions is met:

   Struck: (A) The conflict described in paragraph (2)(A) has ceased.

   Struck: (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.

   Struck: (2) Conflict described.--

   Struck: (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.

   Struck: (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).

   Struck: (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.

   Struck: SEC. 5. PROCEDURES FOR DELIVERY OF DEFENSE ARTICLES.

   Struck: 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.

   Struck: SEC. 6. REPORTS REQUIRED.

   Struck: (a) Report on Use of Authority.--

   Struck: (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:

   Struck: (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.

   Struck: (B) The intended use and specific protection circumstances for each defense article identified under subparagraph (A).

   Struck: (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).

   Struck: (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.

   Inserted: SEC. 2. LOAN AND LEASE OF DEFENSE ARTICLES TO THE GOVERNMENTS OF UKRAINE AND EASTERN FLANK COUNTRIES.

   Inserted: (a) Authority To Lend or Lease Defense Articles to Certain Governments.--

   Inserted: (1) In general.--Subject to paragraph (2), for fiscal years 2022 and 2023, the President may authorize the United States Government to lend or lease defense articles to the Government of Ukraine or to governments of Eastern European countries impacted by the Russian Federation's invasion of Ukraine to help bolster those countries' defense capabilities and protect their civilian populations from potential invasion or ongoing aggression by the armed forces of the Government of the Russian Federation.

   Inserted: (2) Exclusions.--For the purposes of the authority described in paragraph (1) as that authority relates to Ukraine, the following provisions of law shall not apply:

   Inserted: (A) Section 503(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2311(b)(3)).

   Inserted: (B) Section 61 of the Arms Export Control Act (22 U.S.C. 2796).

   Inserted: (3) Condition.--Any loan or lease of defense articles to the Government of Ukraine under paragraph (1) shall be subject to all applicable laws concerning the return of and reimbursement and repayment for defense articles loan or leased to foreign governments.

   Inserted: (4) Delegation of authority.--The President may delegate the enhanced authority under this subsection only to an official appointed by the President by and with the advice and consent of the Senate.

   Inserted: (b) Procedures for Delivery of Defense Articles.--Not later than 60 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 subsection (a) to ensure timely delivery of the article to that Government.

   Inserted: (c) Definition of Defense Article.--In this Act, the term "defense article" has the meaning given that term in section 47 of the Arms Export Control Act (22 U.S.C. 2794).

   Original wording

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