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..