On Monday, 9 May 2022, President Joe Biden signed the Ukraine Democracy Defense Lend-Lease Act of 2022 into law.
ONE HUNDREND SEVENTEENTH CONGRESS OF THE UNITED STATES OF AMERICA AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two
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. LOAN AND LEASE OF DEFENSE ARTICLES TO THE GOVERNMENTS OF UKRAINE AND EASTERN FLANK COUNTRIES.
(a) AUTHORITY TO LEND OR LEASE DEFENSE ARTICLES TO CERTAIN GOVERNMENTS —
(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.
(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:
(A) Section 503(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2311(b)(3)).
(B) Section 61 of the Arms Export Control Act (22 U.S.C. 2796).
(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.
(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.
(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.
(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).
Speaker of the House of Representatives
Vice President of the United States and President of the Senate