S.Amdt. 5581

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)”.