Section 1 Replacement of defense equipment, support capabilities, and articles provided to Ukraine by certain member countries of the North Atlantic Treaty Organization
In general— Subject to subsection (d), as soon as practicable, the Secretary of Defense shall, pursuant to the authority provided in the Arms Export Control Act (22 U.S.C. 2751 et seq.), section 362 of title 10, United States Code, and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), transfer to covered NATO allies equipment, defense support capabilities, and relevant defense articles that have been authorized, procured, and contracted by, and are available to, the Department of Defense.
Purpose— The purpose of the transfers required by subsection (a) is to replace equipment provided by covered NATO allies to Ukraine during the covered period to defend Ukraine against aggression and other malign influence by the Russian Federation.
Inclusions— The equipment, defense support capabilities, and relevant defense articles referred to in subsection (a) shall include—
air defense systems;
unmanned aerial vehicles;
anti-ship missiles;
military vehicles;
ammunition; and
weapons.
Consultation— Before making a transfer under subsection (a), the Secretary of Defense shall consult with the Secretary of State with respect to whether the transfer—
aligns with United States foreign policy goals; and
would result in any significant gap with respect to United States national security.
Definitions— In this section:
Covered NATO ally defined— The term covered NATO ally means any member country of the North Atlantic Treaty Organization with a gross domestic product per capita that is less than $30,000, as of April 1, 2022.
Covered period— The term covered period means the period beginning on January 1, 2022, and ending on the date on which military hostilities by the Russian Federation in Ukraine cease.