S.Amdt. 5956

SA 5956, submitted by Mr. Kaine, aims to change the Arms Export Control Act by adding a section for the pre-approval of the purchase and third party transfer of specific defense articles for Ukraine.

The purpose of this amendment is to follow a U.S. policy that welcomes long-term investment in the U.S. defense industrial base from allies and partners and facilitates more contributions from those allies and partners toward the defense of Ukraine.

Changes and Additions

The amendment adds the following requirements and provisions:

• Approved Transfers: Transfers of specific defense articles are approved if the purchaser is the government of Israel, Japan, the Republic of Korea, Australia, New Zealand, or a NATO member country, and the recipient is the government of Ukraine.
• Specific Articles: The pre-approval only applies to GMLRS munitions, HIMARS munitions, 155mm artillery shells, and 155mm Excalibur extended range artillery shells.
• Conditions for Ukraine: Ukraine must provide a written commitment to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations that it will not transfer these articles to any other person or foreign country without the President's consent, unless the articles are demilitarized.
• Timeline: Ukraine must accept physical custody and title of the articles before December 31, 2030. The Secretary of State can extend this date annually until December 31, 2035, if they certify that the Russian Federation is still invading Ukraine.
• Notification: The President must notify the Speaker of the House, the House Committee on Foreign Affairs, and the Senate Committee on Foreign Relations before a transfer is made.