Newly introduced Military Stockpiles Act would give DoD new abilities to refill stockpiles depleted by aid offers

With the introduction of the Securing American Acquisitions, Readiness and Military Stockpiles Act (S.B. 4805) this week, U.S. Sens. John Cornyn (R-TX) and Jeanne Shaheen (D-NH) hope to enhance the military’s capabilities to refill stockpiles after they have been tapped for aid to American allies.

“When providing aid to allies under attack, we must ensure we can quickly replenish our own stockpiles in the process,” Cornyn said. “This legislation would authorize faster procurement of weapons and combat articles, so helping our allies and partners doesn’t diminish our ability to protect ourselves.”

The main focus of the legislation is amending current Department of Defense (DoD) contracting processes, which require mandatory contract review periods and periods of competitive open bids. Regardless of efficacy, they do slow down efforts to rebuild equipment stores. As such, the new bill would amend the department’s emergency acquisition authorities and allow it to utilize non-competitive procedures to speed up contract awards and stock replenishment after equipment has been dispatched to allies or partners under attack by designated foreign adversaries of the United States.

Similar expedited procedures have been granted to DoD in the past, but not for replenishing depleted stockpiles.

“As the United States continues to lead the global military aid response to Ukraine amid Putin’s unprovoked war, it has become increasingly critical that we simultaneously ensure the sustainment of our defensive weapons stockpile while also providing the materials our allies and partners need to defend themselves,” Shaheen said.

The senators called particular attention to the ongoing U.S. supplies of aid to Ukraine as it battles a Russian invasion. While they called such defense of democracy abroad critical, they added that these aid supplies have diminished U.S. stockpiles and left defense contractors uncertain about the timing and orders for refills, hindering ramp-ups of production.

S.B. 4805 would establish an exemption for DoD’s resupply efforts, with a few conditions attached:

1. It could only be used when the U.S. is not involved in hostilities
2. Defense articles procured through the authority must be similar to articles spent from U.S. supplies
3. The authority may also be used for contracting on the movement or delivery of defense equipment transferred from the U.S. to its allies
4. DoD would have to report to Congress within one week of using such an authority

In addition to Cornyn and Shaheen, the bill’s cosponsors included U.S. Sens. Thom Tillis (R-NC), Dick Durbin (D-IL), Roger Wicker (R-MS), Angus King (D-ME), Marco Rubio (R-FL), Richard Blumenthal (D-CT), Marsha Blackburn (R-TN), Maggie Hassan (D-NH), Rick Scott (R-FL), Gary Peters (D-MI), Dan Sullivan (R-AK), Catherine Cortez Masto (D-NV) and Lindsey Graham (R-SC).