- Record: Senate Floor
- Section type: Amendments
- Chamber: Senate
- Date: June 23, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
SA 5956. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. __. PRE-APPROVAL FOR PURCHASE AND THIRD PARTY TRANSFER
OF CERTAIN DEFENSE ARTICLES FOR UKRAINE.
(a) 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.
(b) 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.”.