[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5211 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5211
To amend the Foreign Assistance Act of 1961 to modify the Presidential
drawdown authority, and for other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Our Stockpiles Act''.
SEC. 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.''.
<all>