Thread by @HelloMrBond

I was interested in the much talked about #lendlease #bill for #Ukraine that has been approved by the US senate and is scheduled for a vote by the House of Representatives tomorrow.

I was surprised that it is only three pages long. Let’s read it.

rules.house.gov/bill/117/s-3522

This is the version that was ‘engrossed in Senate’ and presented as materials to the House Committee on Rules on April 27.

FYI - I am not a US lawyer, so if any specialists have comments, please add them in the replies.

The main power set out in sec. 2(a)(1) provides that:
“the President may authorize the United States Government to lend or lease defence articles to the Government of Ukraine or governments of Eastern European countries impacted by the Russian Federation’s invasion of Ukraine”

This is explicitly in order to: “help bolster those countries’ defence capabilities and protect their civilian populations from potential invasion or ongoing aggression by the armed forces of the Government of the Russian Federation”

Defense article is general and includes: A) any weapon, munition, aircraft, vessel, boat B) property, commodity, equipment or good for military sale and C) machinery or tool to make, repair or transport any such items - s47 of the Arms Export Control Act

en.m.wikipedia.org/wiki/Arms_Expo…

However, “defence article” does not include nuclear material, production facilities or weapons

s2(a)(3)- Any loan or lease of defence articles must be subject to the relevant laws on the return of or reimbursement for the defence articles. This appears to be a reference to sec. 61(a)(4) of the Arms Export Control Act - to repay the US in the event of damage to loaned items

s2(a)(4) - This broad loan authorization power may be delegated by the President to an appointed official with the advice and consent of the Senate

s2(b) - The President must establish a procedure for delivery of any such defence articles within 60 days of the enactment of the law

This bill would allow the President more freedom for the lease of defence articles than under s61 of the Arms Export Control Act.

The President need not consider the effects of the lease on the national technology or industrial base and a lease is not limited to a max of 5 years

Similarly, the maximum 5 year loan period in sec. 503(b)(3) of the Foreign Assistance Act of 1961 is also not applicable to loans under this lend-lease bill.

en.m.wikipedia.org/wiki/Foreign_A…

And that’s it!

Loans of a sweeping set of defence articles are permitted with fewer administrative delays, no limit on the length of the loans and no obligation to first consider outright sales.

This should allow the US more flexibility in responding to Ukraine’s needs