[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4972 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4972
To establish the Critical Munitions Acquisition Fund.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28, 2022
Mrs. Shaheen (for herself, Mr. Cornyn, Mr. Blumenthal, Mr. Wicker, Mr.
Scott of Florida, Mr. Kaine, Mrs. Fischer, Ms. Duckworth, and Ms.
Klobuchar) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To establish the Critical Munitions Acquisition Fund.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Readiness for Overseas
Contingencies and Unexpected Responses Emergencies Act'' or the
``PROCURE Act''.
SEC. 2. CRITICAL MUNITIONS ACQUISITION FUND.
(a) Establishment.--There shall be established in the Treasury of
the United States a revolving fund to be known as the ``Critical
Munitions Acquisition Fund'' (in this section referred to as the
``Fund'').
(b) Purpose.--Amounts in the Fund shall be made available by the
Secretary of Defense--
(1) to ensure that adequate stocks of munitions that the
Secretary deems critical due to a reduction in stocks or
identification as having a high use rate are available for
allies and partners of the United States during the war in
Ukraine and future conflicts; and
(2) to finance the acquisition of critical munitions in
advance of the transfer of such munitions to foreign countries
during the war in Ukraine and future conflicts.
(c) Additional Authority.--The Secretary may also use amounts made
available to the Fund to keep on continuous order munitions that the
Secretary deems as critical due to a reduction in current stocks or
identification as having a high-use rate during the war in Ukraine or a
potential high-use rate during a future conflict.
(d) Deposits.--
(1) In general.--The Fund shall consist of each of the
following:
(A) Collections from sales made under letters of
offer (or transfers made under the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.)) of munitions
acquired using amounts made available from the Fund
pursuant to this section, representing the value of
such items calculated, as applicable, in accordance
with--
(i) subparagraph (B) or (C) of section
21(a)(1) of the Arms Export Control Act (22
U.S.C. 2761(a)(1));
(ii) section 22 of the Arms Export Control
Act (22 U.S.C. 2762); or
(iii) section 644(m) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(m)).
(B) Such amounts as may be appropriated pursuant to
the authorization under this section or otherwise made
available for the purposes of the Fund.
(C) Not more than $500,000,000 may be transferred
to the Fund for any fiscal year, in accordance with
subsection (e), from amounts authorized to be
appropriated for the Department in such amounts as the
Secretary determines necessary to carry out the
purposes of this section, which shall remain available
until expended. The transfer authority provided under
this subparagraph is in addition to any other transfer
authority available to the Secretary.
(2) Contributions from foreign governments.--
(A) In general.--Subject to subparagraph (B), the
Secretary of Defense may accept contributions of
amounts to the Fund from any foreign entity, foreign
government, or international organization. Any amounts
so accepted shall be credited to the Critical Munitions
Acquisition Fund and shall be available for use as
authorized under subsection (b).
(B) Limitation.--The Secretary may not accept a
contribution under this paragraph if the acceptance of
the contribution would compromise, or appear to
compromise, the integrity of any program of the
Department of Defense.
(C) Notification.--If the Secretary accepts any
contribution under this paragraph, the Secretary shall
notify the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of
Representatives. The notice shall specify the source
and amount of any contribution so accepted and the use
of any amount so accepted.
(e) Notice and Wait Requirements.--
(1) In general.--No amount may be transferred pursuant to
subsection (d)(1)(C) until the date that is 15 days after the
date on which the Secretary notifies the congressional defense
committees in writing of the amount and purpose of the proposed
transfer.
(2) Ammunition purchases.--No amounts in the Fund may be
used to purchase ammunition, as authorized by this Act, until
the date that is 15 days after the date on which the Secretary
notifies the congressional defense committees in writing of the
amount and purpose of the proposed purchase.
(3) Foreign transfers.--No munition purchased using amounts
in the Fund may be transferred to a foreign country until the
date that is 15 days after the date on which the Secretary
notifies the congressional defense committees in writing of the
proposed transfer.
(f) Limitation.--No munition acquired by the Secretary of Defense
using amounts made available from the Fund pursuant to this section may
be transferred to any foreign country unless such transfer is
authorized by the Arms Export Control Act (22 U.S.C. 2751 et seq.), the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or other
applicable law, except as follows:
(1) The Secretary of Defense may authorize the use by the
Department of Defense of munitions acquired under this section
prior to transfer to a foreign country, if such use is
necessary to meet national defense requirements and the
Department bear the costs of replacement and transport,
maintenance, storage, and other such associated costs of such
munitions.
(2) Except as required by paragraph (1), amounts made
available to the Fund may be used to pay for storage,
maintenance, and other costs related to the storage,
preservation, and preparation for transfer of munitions
acquired under this section prior to their transfer, and the
administrative costs of the Department of Defense incurred in
the acquisition of such items, to the extent such costs are not
eligible for reimbursement pursuant to section 43(b) of the
Arms Export Control Act (22 U.S.C. 2792(b)).
(g) Termination.--The authority for the Fund under this section
shall expire on December 31, 2024.
(h) Semiannual Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of Defense shall submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of
Representatives a report on the use of the Fund.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) an accounting of all inlays and outflows in the
Fund;
(B) a list of munitions procured by type, make,
model, and quantity, together with a justification for
the procurement;
(C) an assessment of the status of munitions
procured to include munitions in production, those
placed in stockpile, and those set aside or transferred
to a non-Federal government entity;
(D) an updated list of munitions designated
consistent with subsection (b), along with a
justifications for munitions designated and estimated
procurement quantity objectives; and
(E) any other matters the Secretary determines
appropriate.
(3) Form.--The report required under paragraph (1) shall be
submitted to Congress in an unclassified form without any
additional disseminations controls, but may include a
classified or otherwise restricted annex as necessary.
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