S. 5175: Fast Tracking European Investment in Ukraine’s Defense Act

This bill would change U.S. arms-export law to make it easier for certain U.S.-supplied weapons and ammunition to reach Ukraine through allied countries.

What the bill does

Under current law, some transfers of U.S.-made defense articles to another country can require separate approval steps. This bill would create a special rule for certain items if they are ultimately going to Ukraine.

If the conditions are met, the transfer would be automatically approved and some existing approval requirements would not apply. The eligible items are limited to:

• 155mm artillery shells
• 155mm Excalibur extended-range artillery shells
• HIMARS munitions
• GMLRS munitions

Who can buy the items first

The initial purchaser would have to be the government of:

• a NATO member country, or
• Australia, Japan, South Korea, Israel, or New Zealand.

The final recipient would have to be the Government of Ukraine.

Conditions Ukraine must accept

Before the special approval applies, Ukraine would have to provide a written commitment to the U.S. government, including the relevant committees in Congress, that it will not transfer the items to any other foreign country or person without first getting the President’s consent, unless the items are demilitarized.

Ukraine would also have to take title and physical custody of the defense articles by December 31, 2030. The Secretary of State could extend that deadline by one year at a time, up to December 31, 2035, if the Secretary certifies that Russia is still invading Ukraine.

Congressional notice

Before any transfer happens under this process, the President would have to promptly notify the Speaker of the House, the House Foreign Affairs Committee, and the Senate Foreign Relations Committee.

Other effects

The bill says it should not be read to limit:

• what types or quantities of eligible defense articles can be requested or transferred, or
• when those requests or transfers can happen.

It also says any later request by Ukraine to retransfer these defense articles would still be subject to the normal legal rules.

Policy statement

The bill states that, while Russia continues its invasion of Ukraine, U.S. policy is to welcome long-term investment from allies and partners in the U.S. defense industrial base and to support increased contributions from allies and partners to Ukraine’s defense.

Relevant Companies

• LMT — Lockheed Martin could be affected because it produces HIMARS-related systems and GMLRS munitions.
• NOC — Northrop Grumman could be affected through its role in defense manufacturing and missile-related supply chains.
• GD — General Dynamics could be affected through broader artillery and defense production exposure.
• RTX — RTX could be affected through involvement in guided munitions and related defense systems supply chains.