Sec. 111. Congressional review and oversight of emergency arms transfers and sales to Ukraine and Central and Eastern European countries
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It is the sense of Congress that: Ukraine and its neighboring Central and Eastern European
(CEE)countries (Bulgaria, the Czech Republic, Hungary, Poland, Romania, the Slovak Republic, Slovenia, Estonia, Latvia and Lithuania) in NATO are at a heightened threat of Russian military aggression. As security partners and NATO allies, the United States provides defense articles, services, design and construction services, and major defense equipment under the Arms Export Control Act and in accordance with the Foreign Assistance Act. There is an urgent need to provide for these defense articles and services as a result of the emergency security situation created by Russia’s destabilizing military presence in and around Ukraine. This military buildup poses a threat of a potential military invasion, and hybrid attack, including cyberattacks, political subversion and paramilitary activity. A military invasion, which may include non-conventional warfare, would potentially result in instability in Ukraine and the neighboring CEE countries. During the 6-month period beginning on the date of the enactment of this Act— notwithstanding any other provision of law, the President is authorized to use available funds to carry out any provision of this Act in order to provide for any defense articles, services, design and construction services, and major defense equipment under the Arms Export Control Act to Ukraine and CEE countries; and the President shall waive appropriate charges, including for administrative services, a proportionate amount of any nonrecurring costs, and the recovery of ordinary inventory losses associated with the sale from stocks, or replacement if the articles are damaged while leased. The President shall report within 10 days promptly to the Speaker and minority leader of the House of Representatives and to the Committees on Foreign Affairs, Armed Services, and Appropriations of the House of Representatives and the Committees on Foreign Relations, Armed Services, and Appropriations of the Senate each time the authority contained in this subsection is exercised. A certification shall accompany this report explaining how the immediate issuance of these licenses, transfers, sales, leases, and third-party transfers contributed directly to the emergency use of the notwithstanding provision in this section, including the status of shipments— when the defense articles subject to the certification were shipped; the serial number of any Major Defense Equipment as defined in section 47(6) of the AECA shipped; the schedules for projected periods of performance of defense services provided; a list of any outstanding Major Defense Equipment
(MDE)subject to shipment under the emergency certification, and their scheduled deliveries; the estimated value of these defense articles; and the estimated cost and length of time for training on transferred defense articles. The provisions of law described in this subsection are— subsections (a)(4) and (d)(2) of section 3 of the Arms Export Control Act ( 22 U.S.C. 2753 ); subsections (e)(2)(A), (h)(1)(A), and (h)(2) of section 21 and section 22 of such Act ( 22 U.S.C. 2761 ); subsection (b)(1) and subsections (b)(2), (b)(6), (c)(2)(A), (c)(5), and (d)(2)(A) of section 36 of such Act ( 22 U.S.C. 2776 ); section 51 of such Act; section 62(c)(1) of such Act ( 22 U.S.C. 2796a(c)(1) ); section 63(a)(2) of such Act ( 22 U.S.C. 2796b(a)(2) ); and section 516(c)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(c)(2) ). The President is authorized to continue to apply this emergency provision in the provisions of law described in subsection
(d)for purposes of applying and administering such provisions of law for one additional 6-month period, beginning after the end of the 6-month period described in subsection
(b)if, with respect to an additional 6-month period, the Secretary— determines that such continued application is in the national security interest of the United States; determines that such continued application complements decisions by the NATO Advisory Council; and submits such determination to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate not later than 5 days before the start of such an additional 6-month period. This section shall terminate one year after the date of enactment of this Act.
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Sec. 111
Congressional review and oversight of emergency arms transfers and sales to Ukraine and Central and Eastern European countries
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