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
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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— 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 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.
Except as provided in subparagraph (B), the provisions of law described in this paragraph are the following: The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ). The Arms Export Control Act ( 22 U.S.C. 2751 et seq. ). Any other relevant provision of law. The enhanced authority described in paragraph
(1)is not subject to the following provisions of law: Section 503(b)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2311(b)(3) ). Sections 61 and 63 of the Arms Export Control Act (22 U.S.C. 2796 and 2796b). 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. The enhanced authority described in subsection
(a)shall expire on the date on which each of the following conditions is met: The conflict described in paragraph (2)(A) has ceased. 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. 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. 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). 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.
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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
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