[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.
                                 ______