S.Amdt. 296

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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