II 

117TH CONGRESS 

2D SESSION S. 4972 

To establish the Critical Munitions Acquisition Fund. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2022 

Mrs. SHAHEEN (for herself, Mr. CORNYN, Mr. BLUMENTHAL, Mr. WICKER, 

Mr. SCOTT of Florida, Mr. KAINE, Mrs. FISCHER, Ms. DUCKWORTH, and 

Ms. KLOBUCHAR) introduced the following bill; which was read twice and 

referred to the Committee on Foreign Relations 

A BILL 

To establish the Critical Munitions Acquisition Fund. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Readiness 

5 for Overseas Contingencies and Unexpected Responses 

6 Emergencies Act’’ or the ‘‘PROCURE Act’’. 

7 SEC. 2. CRITICAL MUNITIONS ACQUISITION FUND. 

8 (a) ESTABLISHMENT.—There shall be established in 

9 the Treasury of the United States a revolving fund to be 

10 known as the ‘‘Critical Munitions Acquisition Fund’’ (in 

11 this section referred to as the ‘‘Fund’’). 


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1 (b) PURPOSE.—Amounts in the Fund shall be made 

2 available by the Secretary of Defense— 

3 (1) to ensure that adequate stocks of munitions 

4 that the Secretary deems critical due to a reduction 

5 in stocks or identification as having a high use rate 

6 are available for allies and partners of the United 

7 States during the war in Ukraine and future con8 flicts; and 

9 (2) to finance the acquisition of critical muni10 tions in advance of the transfer of such munitions 

11 to foreign countries during the war in Ukraine and 

12 future conflicts. 

13 (c) ADDITIONAL AUTHORITY.—The Secretary may 

14 also use amounts made available to the Fund to keep on 

15 continuous order munitions that the Secretary deems as 

16 critical due to a reduction in current stocks or identifica17 tion as having a high-use rate during the war in Ukraine 

18 or a potential high-use rate during a future conflict. 

19 (d) DEPOSITS.— 

20 (1) IN GENERAL.—The Fund shall consist of 

21 each of the following: 

22 (A) Collections from sales made under let23 ters of offer (or transfers made under the For24 eign Assistance Act of 1961 (22 U.S.C. 2151 et 

25 seq.)) of munitions acquired using amounts 


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1 made available from the Fund pursuant to this 

2 section, representing the value of such items 

3 calculated, as applicable, in accordance with— 

4 (i) subparagraph (B) or (C) of section 

5 21(a)(1) of the Arms Export Control Act 

6 (22 U.S.C. 2761(a)(1)); 

7 (ii) section 22 of the Arms Export 

8 Control Act (22 U.S.C. 2762); or 

9 (iii) section 644(m) of the Foreign As10 sistance Act of 1961 (22 U.S.C. 2403(m)). 

11 (B) Such amounts as may be appropriated 

12 pursuant to the authorization under this section 

13 or otherwise made available for the purposes of 

14 the Fund. 

15 (C) Not more than $500,000,000 may be 

16 transferred to the Fund for any fiscal year, in 

17 accordance with subsection (e), from amounts 

18 authorized to be appropriated for the Depart19 ment in such amounts as the Secretary deter20 mines necessary to carry out the purposes of 

21 this section, which shall remain available until 

22 expended. The transfer authority provided 

23 under this subparagraph is in addition to any 

24 other transfer authority available to the Sec25 retary. 


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1 (2) CONTRIBUTIONS FROM FOREIGN GOVERN2 MENTS.— 

3 (A) IN GENERAL.—Subject to subpara4 graph (B), the Secretary of Defense may accept 

5 contributions of amounts to the Fund from any 

6 foreign entity, foreign government, or inter7 national organization. Any amounts so accepted 

8 shall be credited to the Critical Munitions Ac9 quisition Fund and shall be available for use as 

10 authorized under subsection (b). 

11 (B) LIMITATION.—The Secretary may not 

12 accept a contribution under this paragraph if 

13 the acceptance of the contribution would com14 promise, or appear to compromise, the integrity 

15 of any program of the Department of Defense. 

16 (C) NOTIFICATION.—If the Secretary ac17 cepts any contribution under this paragraph, 

18 the Secretary shall notify the congressional de19 fense committees, the Committee on Foreign 

20 Relations of the Senate, and the Committee on 

21 Foreign Affairs of the House of Representa22 tives. The notice shall specify the source and 

23 amount of any contribution so accepted and the 

24 use of any amount so accepted. 

25 (e) NOTICE AND WAIT REQUIREMENTS.— 


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1 (1) IN GENERAL.—No amount may be trans2 ferred pursuant to subsection (d)(1)(C) until the 

3 date that is 15 days after the date on which the Sec4 retary notifies the congressional defense committees 

5 in writing of the amount and purpose of the pro6 posed transfer. 

7 (2) AMMUNITION PURCHASES.—No amounts in 

8 the Fund may be used to purchase ammunition, as 

9 authorized by this Act, until the date that is 15 days 

10 after the date on which the Secretary notifies the 

11 congressional defense committees in writing of the 

12 amount and purpose of the proposed purchase. 

13 (3) FOREIGN TRANSFERS.—No munition pur14 chased using amounts in the Fund may be trans15 ferred to a foreign country until the date that is 15 

16 days after the date on which the Secretary notifies 

17 the congressional defense committees in writing of 

18 the proposed transfer. 

19 (f) LIMITATION.—No munition acquired by the Sec20 retary of Defense using amounts made available from the 

21 Fund pursuant to this section may be transferred to any 

22 foreign country unless such transfer is authorized by the 

23 Arms Export Control Act (22 U.S.C. 2751 et seq.), the 

24 Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 

25 or other applicable law, except as follows: 


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1 (1) The Secretary of Defense may authorize the 

2 use by the Department of Defense of munitions ac3 quired under this section prior to transfer to a for4 eign country, if such use is necessary to meet na5 tional defense requirements and the Department 

6 bear the costs of replacement and transport, mainte7 nance, storage, and other such associated costs of 

8 such munitions. 

9 (2) Except as required by paragraph (1), 

10 amounts made available to the Fund may be used to 

11 pay for storage, maintenance, and other costs re12 lated to the storage, preservation, and preparation 

13 for transfer of munitions acquired under this section 

14 prior to their transfer, and the administrative costs 

15 of the Department of Defense incurred in the acqui16 sition of such items, to the extent such costs are not 

17 eligible for reimbursement pursuant to section 43(b) 

18 of the Arms Export Control Act (22 U.S.C. 

19 2792(b)). 

20 (g) TERMINATION.—The authority for the Fund 

21 under this section shall expire on December 31, 2024. 

22 (h) SEMIANNUAL REPORT.— 

23 (1) IN GENERAL.—Not later than 180 days 

24 after the date of the enactment of this Act, and 

25 every 180 days thereafter, the Secretary of Defense 


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1 shall submit to the congressional defense commit2 tees, the Committee on Foreign Relations of the 

3 Senate, and the Committee on Foreign Affairs of the 

4 House of Representatives a report on the use of the 

5 Fund. 

6 (2) ELEMENTS.—The report required under 

7 paragraph (1) shall include— 

8 (A) an accounting of all inlays and out9 flows in the Fund; 

10 (B) a list of munitions procured by type, 

11 make, model, and quantity, together with a jus12 tification for the procurement; 

13 (C) an assessment of the status of muni14 tions procured to include munitions in produc15 tion, those placed in stockpile, and those set 

16 aside or transferred to a non-Federal govern17 ment entity; 

18 (D) an updated list of munitions des19 ignated consistent with subsection (b), along 

20 with a justifications for munitions designated 

21 and estimated procurement quantity objectives; 

22 and 

23 (E) any other matters the Secretary deter24 mines appropriate. 


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1 (3) FORM.—The report required under para2 graph (1) shall be submitted to Congress in an un3 classified form without any additional disseminations 

4 controls, but may include a classified or otherwise 

5 restricted annex as necessary. 

Æ 


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