[Congressional Record Volume 165, Number 98 (Wednesday, June 12, 2019)]
[Senate]
[Page S3396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 296. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 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, insert the following:

     SEC. ___. SAFE ACT.

       (a) Short Titles.--This section may be cited as the ``Saudi 
     Arabia False Emergencies Act'' or the ``SAFE Act''.
       (b) Suspension of Arms Sales to Saudi Arabia and the United 
     Arab Emirates Not Reviewed by Congress.--
       (1) In general.--Any letter of offer, license, or approval 
     issued pursuant to the Arms Export Control Act (22 U.S.C. 
     2751 et seq.) primarily in relation to Saudi Arabia or the 
     United Arab Emirates is terminated as of the date of 
     enactment of this Act if such letter of offer, license, or 
     approval is related to a determination of the existence of an 
     emergency under section 3(d)(2) of the Arms Export Control 
     Act (22 U.S.C. 2753(d)(2)) or subsection (b)(1), (c)(2), or 
     (d)(2) of section 36 of such Act (22 U.S.C. 2776). All 
     exports, re-exports, transfers, and re-transfers pursuant to 
     any such letter of offer, license, or approval are 
     prohibited.
       (2) Resubmission.--Any letter of offer, license, or 
     approval terminated pursuant to paragraph (1) may be 
     resubmitted to Congress in accordance with section 3 or 36 of 
     the Arms Export Control Act (22 U.S.C. 2753 and 2776), as 
     amended by subsection (c).
       (c) Protection of Congressional Review and Oversight of 
     Arms Sales to Saudi Arabia and Other Countries.--Section 36 
     of the Arms Export Control Act (22 U.S.C. 2776) is amended by 
     adding at the end the following:
       ``(j) Determination of an Emergency.--Notwithstanding any 
     other provision of this Act related to a determination of an 
     emergency to waive congressional review of proposed letters 
     of offer, licenses, or approvals--
       ``(1) a determination pursuant to subsection (b)(1), 
     (c)(2), or (d)(2) or section 3(d)(2) that an emergency 
     exists--
       ``(A) shall apply only to the North Atlantic Treaty 
     Organization, any member country of the North Atlantic Treaty 
     Organization, Australia, Japan, the Republic of Korea, 
     Israel, and New Zealand; and
       ``(B) shall not be valid for any country whose government 
     is negotiating, or has conducted, a significant transaction 
     described in section 231 of the Countering America's 
     Adversaries Through Sanctions Act (22 U.S.C. 9525);
       ``(2) the President--
       ``(A) shall submit a determination and detailed 
     justification for each letter of offer, license, or approval 
     subject to an emergency determination; and
       ``(B) shall include a specific and detailed description of 
     how such waiver of the congressional review requirements 
     directly responds to or addresses the circumstances of the 
     emergency cited in the determination; and
       ``(3) the determination described in paragraph (2)(A) shall 
     only be available for a certification for a letter of offer, 
     license, or approval for defense articles or defense 
     services--
       ``(A) that directly respond to or counter a physical 
     security threat; and
       ``(B) 75 percent of which will be delivered not later than 
     2 months after the date of such determination.''.
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