II
117th CONGRESS
2d Session
S. 3780
IN THE SENATE OF THE UNITED STATES
March 8 (legislative day, March 7), 2022
Ms. Ernst (for herself, Mr. Grassley, Mrs. Blackburn, and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations
A BILL
To provide security assistance for Ukraine, and for other purposes.
Security assistance for Ukraine
Authority
In general
Subject to subsections (b) and (c), the Secretary of Defense, in consultation with the Secretary of State, may, as necessary to assist Ukraine or a member country of the North Atlantic Treaty Organization in the defense of its territorial integrity—
transfer to the military and security forces of Ukraine, or of a member country of the North Atlantic Treaty Organization, defense articles, defense services, equipment, and other defense support capabilities that have been authorized, procured, and contracted by, and are available to, the Department of Defense; and
provide other security assistance to the military and security forces of Ukraine or of a member country of the North Atlantic Treaty Organization.
Defense support capabilities
The defense support capabilities referred to in paragraph (1) include the following:
Defensive lethal assistance, including military aircraft, vehicles, weapons, and ammunition.
Intelligence, operational, logistical, planning, communications, and other sustainment capabilities.
Limitations
Determination
The Secretary of Defense may only make a transfer or provide assistance under subsection (a) if the Secretary determines that making such a transfer or providing such assistance will not negatively impact the military preparedness of the United States.
Certain withdrawals
The transfer authority under subsection (a) shall be limited to capabilities considered readily available by the logistics community of interest of the Department of Defense, including capabilities referred to in that subsection that are stored and maintained by the Aerospace Maintenance and Recovery Group.
Notice to Congress
In general
Not later than 15 days before making a transfer or providing assistance under subsection (a), the Secretary of Defense shall submit to the appropriate committees of Congress a notification containing the following:
A detailed description of the transfer to be made or the assistance to be provided, including—
the budget for such transfer or assistance; and
the expected or estimated timeline for delivery of such transfer or assistance.
Such other matters as the Secretary of Defense considers appropriate.
Exemption
Notwithstanding paragraph (1), if the Secretary of Defense determines that a transfer under subsection (a) is necessary to counter an existential threat to the sovereignty of Ukraine or a member country of the North Atlantic Treaty Organization, the Secretary may submit notice of such transfer to the appropriate committees of Congress not later than 15 days after the date on which the transfer is made.
Appropriate committees of Congress
In this subsection, the term appropriate committees of Congress means—
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.
Termination
The authority in subsection (a) shall terminate on December 31, 2022.
