Sec. 203. Fast-tracking sales to Ukraine under foreign military sales program
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Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense and in conjunction with coordinating entities such as the National Disclosure Policy Committee and the Arms Transfer and Technology Release Senior Steering Group, shall compile a list of available and emerging military platforms, technologies, and equipment that are pre-cleared and prioritized for sale and release to Ukraine through the Foreign Military Sales program. The items pre-cleared for sale pursuant to paragraph
(1)shall represent a full range of capabilities required to implement a strategy of defense from Russian Federation military actions in Ukraine informed by United States readiness and risk assessments and determined by Ukraine to be required for various wartime scenarios and peacetime duties. The list compiled pursuant to paragraph
(1)shall not be construed as limiting the type, timing, or quantity of items that may be requested by, or sold to, Ukraine under the Foreign Military Sales program. Nothing in this Act shall be construed to supersede congressional notification requirements as required by the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) or any informal tiered review process for congressional notifications pertaining to foreign military sales. The Secretary of State and the Secretary of Defense shall prioritize and expedite the processing of requests from Ukraine under the Foreign Military Sales program, and may not delay the processing of requests for bundling purposes. The requirement under paragraph
(1)shall continue until the Secretary of State determines and certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the threat to Ukraine from the Russian Federation has significantly abated. Contractors awarded Department of Defense contracts to provide items for sale to Ukraine under the Foreign Military Sales program should expedite and prioritize the production of such items above the production of other items. Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 10 years, the Secretary of State and the Secretary of Defense shall jointly submit to the Committee on Foreign Relations and the Committee on Armed Services of the Senate and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives a report describing what actions the Department of State and the Department of Defense have taken or are planning to take to prioritize Ukraine’s Foreign Military Sales cases, and current procedures or mechanisms for determining that a Foreign Military Sales program case for Ukraine should be prioritized above a sale to another country of the same or similar item. The Secretary of State and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to Foreign Military Sales program requests from Ukraine, including incorporating the preclearance provisions of this section.
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Sec. 203
Fast-tracking sales to Ukraine under foreign military sales program
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