II 118th CONGRESS 2d Session S. 5211 IN THE SENATE OF THE UNITED STATES September 25, 2024 Mr. Lee (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Foreign Assistance Act of 1961 to modify the Presidential drawdown authority, and for other purposes.

1. Short title This Act may be cited as the Safeguarding Our Stockpiles Act . 2. Modification of Presidential drawdown authority Section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) ) is amended— (1) in paragraph (1), in the undesignated matter following subparagraph (B)— (A) by striking he may direct, and inserting the President may direct, subject to paragraph (4), ; and (B) by inserting , except as provided in paragraph (5) after fiscal year ; and (2) by adding at the end the following new paragraphs: (4) (A) The President may direct the drawdown of defense articles, defense services, and military education and training under paragraph (1) only during the 20-day period beginning on the date on which the President reports to Congress that an unforeseen emergency exists under such paragraph. (B) The authority to deliver defense articles, defense services, and military education and training pursuant to a drawdown directed under paragraph (1) shall expire at the end of the fiscal year in which the drawdown was directed. (5) (A) The President may direct the drawdown of defense articles, defense services, and military education and training under paragraph (1) of an aggregate value that would exceed $100,000,000 in a fiscal year if— (i) the President submits to Congress— (I) a request for authorization to direct such a drawdown of an aggregate value that exceeds $100,000,000 for that fiscal year; and (II) a report that an unforeseen emergency exists, in accordance with paragraph (1); (ii) after the submission of such request and report, there is enacted a joint resolution or other provision of law approving the authorization requested; and (iii) Congress has authorized appropriations in a specific amount sufficient to replenish the aggregate value of the proposed drawdown. (B) (i) Each request submitted under subparagraph (A)(i) may request authorization to direct a drawdown under paragraph (1) for only one intended recipient country. (ii) A resolution or other provision of law described in subparagraph (A)(ii) may approve a request for authorization to direct a drawdown under paragraph (1) for only one intended recipient country. (6) (A) Any resolution described in paragraph (5)(A)(ii) may be considered by Congress using the expedited procedures set forth in this paragraph. (B) For purposes of this paragraph, the term resolution means only a joint resolution of the two Houses of Congress— (i) the title of which is as follows: A joint resolution approving the use of the special authority provided by section 506(a)(1) of the Foreign Assistance Act of 1961 in excess of the fiscal year limitation. ; (ii) which does not have a preamble; and (iii) the sole matter after the resolving clause of which is as follows: The proposed use of the special authority provided by section 506(a)(1) of the Foreign Assistance Act of 1961 in excess of the fiscal year limitation, to respond to the unforeseen emergency in ________________ , which was received by Congress on __________ (Transmittal number), is authorized , with the name of the intended recipient country and transmittal number inserted. (C) A resolution described in subparagraph (B) that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A resolution described in subparagraph (B) that is introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives. (D) If the committee to which a resolution described subparagraph (B) is referred has not reported such resolution (or an identical resolution) by the end of 10 calendar days beginning on the date of introduction, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (E) (i) On or after the third calendar day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subparagraph (D)) from further consideration of, such a resolution, it is in order for any Member of the respective House to move to proceed to the consideration of the resolution. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (ii) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (iii) Immediately following the conclusion of the debate on the resolution and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (iv) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate. (F) (i) If, before passage by one House of a resolution of that House described in subparagraph (B), that House receives from the other House a resolution described in subparagraph (B), then the following procedures shall apply: (I) The resolution of the other House shall not be referred to a committee. (II) The consideration as described in subparagraph (E) in that House shall be the same as if no resolution had been received from the other House, but the vote on final passage shall be on the resolution of the other House. (ii) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (G) This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subparagraph (B), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (7) In this subsection, the term unforeseen emergency means a direct kinetic attack— (A) on a bilateral or multilateral treaty ally of the United States, undetected or reasonably unforeseen by United States intelligence assessments, by an adversary of the United States; and (B) that poses a direct or imminent threat to United States security interests, as outlined in the most recent national defense strategy of the United States. .