[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5330-S5331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5857. Mrs. SHAHEEN (for herself, Mr. Tillis, Mr. Cornyn, Mr.
Blumenthal, Mr. Wicker, Mr. Kaine, Mrs. Fischer, Ms. Duckworth, Ms.
Klobuchar, Ms. Sinema, and Mr. Manchin) 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
[[Page S5331]]
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 A of title XII, add the following:
SEC. 1214. 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 section,
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.
______