Fast Tracking European Investment in Ukraine’s Defense Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5175 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5175

 To amend the Arms Export Control Act to address third party transfers
    of certain defense articles for Ukraine, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2026

   Mr. Kaine (for himself, Mr. Cornyn, Mr. Coons, Mr. Armstrong, Mr.
    Kelly, Mr. Tillis, Ms. Rosen, and Mr. Ricketts) introduced the
 following bill; which was read twice and referred to the Committee on
                           Foreign Relations

_______________________________________________________________________

                                 A BILL

 To amend the Arms Export Control Act to address third party transfers
    of certain defense articles for Ukraine, 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 ``Fast Tracking European Investment in
Ukraine's Defense Act''.

SEC. 2. STATEMENT OF POLICY.

    As long as the Russian Federation continues to execute its brutal
invasion of Ukraine, it is the policy of the United States--
            (1) to welcome long-term investment from allies and
        partners in the United States defense industrial base; and
            (2) to facilitate increased contributions from allies and
        partners to the defense of Ukraine.

SEC. 3. PRE-APPROVAL FOR PURCHASE AND THIRD PARTY TRANSFER OF CERTAIN
              DEFENSE ARTICLES FOR UKRAINE.

    Section 3 of the Arms Export Control Act (22 U.S.C. 2753) is
amended by adding at the end the following:
    ``(h) Purchase and Third Party Transfer: Ukraine.--
            ``(1) In general.--The transfer of defense articles sold by
        the United States under this Act shall be approved, and
        subsections (a), (b), and (d) shall not apply to such a
        transfer, if--
                    ``(A) the purchaser of the defense articles to be
                transferred is the government of a member country of
                the North Atlantic Treaty Organization, the Government
                of Australia, the Government of Japan, the Government
                of the Republic of Korea, the Government of Israel, or
                the Government of New Zealand;
                    ``(B) the recipient of the defense articles to be
                transferred is the Government of Ukraine;
                    ``(C) the defense articles are 155mm artillery
                shells, 155mm Excalibur extended range artillery
                shells, High Mobility Artillery Rocket System (HIMARS)
                munitions, or Guided Multiple Launch Rocket System
                (GMLRS) munitions;
                    ``(D) the Government of Ukraine has provided a
                commitment in writing to the United States Government,
                including to the Committee on Foreign Relations of the
                Senate and the Committee on Foreign Affairs of the
                House of Representatives, that it will not transfer
                such defense articles, if not demilitarized, to any
                other foreign country or person without first obtaining
                the consent of the President; and
                    ``(E) the Government of Ukraine accepts title and
                physical custody of the transferred defense articles
                before December 31, 2030.
            ``(2) Notice to congress.--Before a transfer of defense
        articles to the Government of Ukraine approved under paragraph
        (1) is made, the President shall promptly notify the Speaker of
        the House of Representatives, the Committee on Foreign Affairs
        of the House of Representatives, and the Committee on Foreign
        Relations of the Senate of the intended transfer.
            ``(3) Annual extension.--Annually, the Secretary of State
        may extend the date in paragraph (1)(E) by one year until
        December 31, 2035, if, before such an extension, the Secretary
        certifies to the Committee on Foreign Relations of the Senate
        and the Committee on Foreign Affairs of the House of
        Representatives that the Russian Federation is continuing to
        execute its invasion of Ukraine.
            ``(4) Rules of construction.--
                    ``(A) Selection of defense articles.--Nothing in
                this subsection may be construed to limit--
                            ``(i) the type or quantity of defense
                        articles that may be requested by, or
                        transferred to, the Government of Ukraine; or
                            ``(ii) the timing of such requests or
                        transfers.
                    ``(B) Retransfers.--Any request by the Government
                of Ukraine to retransfer defense articles received by
                that Government under this Act remains subject to all
                relevant provisions of this Act.''.
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