[Congressional Record Volume 168, Number 153 (Thursday, September 22, 2022)]
[Senate]
[Page S4982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5581. Mr. CORNYN (for himself, Mrs. Shaheen, Mr. Tillis, Mr. King, 
Ms. Hassan, Mr. Peters, Mr. Graham, Mr. Blumenthal, and Mr. Rubio) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 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 end of subtitle B of title VIII, add the following:

     SEC. 829. EMERGENCY ACQUISITION AUTHORITY.

       Section 3204 of title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (6), by striking ``; or'' and inserting a 
     semicolon;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following new paragraph:
       ``(8) the head of the agency--
       ``(A) determines that the use of procedures other than 
     competitive procedures is necessary to--
       ``(i) replenish United States stockpiles with like defense 
     articles when those stockpiles are diminished as a result of 
     the United States providing defense articles in response to 
     an armed attack, by a foreign adversary of the United States 
     (as that term is defined in section 8(c) of the Secure and 
     Trusted Communications Networks Act of 2019 (47 U.S.C. 
     1607(c))) against--

       ``(I) a United States ally (as that term is defined in 
     section 201(d) of the Act of December 2, 1942, entitled, `To 
     provide benefits for the injury, disability, death, or enemy 
     detention of employees of contractors with the United States, 
     and for other purposes' (56 Stat. 1028, chapter 668; 42 
     U.S.C. 1711(d))); or
       ``(II) a United States partner; or

       ``(ii) to contract for the movement or delivery of defense 
     articles transferred to such ally or partner through the 
     President's drawdown authorities in connection with such 
     response;
     provided that the United States is not a party to the 
     hostilities; and
       ``(B) submits to the congressional defense committees 
     written notification of the use of such procedures within one 
     week after such use.''; and
       (2) in subsection (e)(1), by striking ``and (7)'' and 
     inserting ``(7), and (8)''.
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