Sec. 104. Foreign military financing for Ukraine
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It is the sense of Congress that— the provision of security assistance to Ukraine is one of the most efficient and effective mechanisms for supporting Ukraine and ensuring that it can defend against aggression by the Government of the Russian Federation; in light of the military build-up by the Government of the Russian Federation, the United States, working with allies and partners, should work to expedite the provision of defense articles and other security assistance to Ukraine and prioritize and facilitate assistance to respond to the most urgent defense needs of the Armed Forces of Ukraine; and the United States should ensure adequate planning for maintenance for any equipment provided to Ukraine.
There is appropriated, out of any money in the Treasury not otherwise appropriated, $250,000,000 to the Secretary of State for fiscal year 2022 for Foreign Military Financing assistance to Ukraine. Of the amount so appropriated, not less than $100,000,000 shall be used for the purpose of providing lethal assistance, including efforts to meet Ukraine’s priority defense needs including air defense, anti-ship, and anti-armor capabilities, as well as non-standard munitions and ammunition compatible with existing Ukrainian systems.
The amounts provided under paragraph
(1)are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). This subsection is designated as an emergency requirement pursuant to subsections
(a)and
(b)of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. There is authorized to be appropriated, in addition to the amount appropriated by subsection (b), $250,000,000 as an authorization of emergency supplemental appropriations for the Department of State for Foreign Military Financing assistance for fiscal year 2022. If $250,000,000 is not appropriated in fiscal year 2022, the remaining balance is authorized to be appropriated in subsequent fiscal years in accordance with Foreign Military Financing budget procedures. Not later than 15 days before providing assistance or support pursuant to this section, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notification containing the following: A detailed description of the assistance or support to be provided, including— the objectives of such assistance or support; the budget for such assistance or support; and the expected or estimated timeline for delivery of such assistance or support. A description of such other matters as the Secretary considers appropriate. The Secretary of State is authorized to provide lethal assistance under this section, including anti-armor weapon systems, mortars, crew-served weapons and ammunition, grenade launchers and ammunition, anti-tank weapons systems, anti-ship weapons systems, anti-aircraft weapons systems, and small arms and ammunition. Notwithstanding any other provision of law, and subject to the notification requirements in this Act, the authority of this section may be used to provide financing to Ukraine for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale, including ammunition and other lethal assistance. The President may waive the notice to Congress in subsection
(d)with respect to providing assistance or support pursuant to subsections
(b)and
(c)if the President determines and certifies within 30 days of providing assistance that it is in the national interest of the United States to immediately issue fiscal year 2022 or prior fiscal year foreign military financing funds for Ukraine. The certification shall include— the use of these funds and a proposed timeline for expending these program funds, if applicable; how these funds provide support to Ukraine’s security forces; an explanation as to the urgency of these funds being used; the program implementer and whether support will be provided in Ukraine in program implementation; and a detailed description of any defense articles and the planned disposition of these articles once the program concludes. The waiver in subsection
(g)shall terminate 6 months after the date of enactment of this Act.
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Sec. 104
Foreign military financing for Ukraine
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