[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5034 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5034
To authorize additional appropriations to increase the production of
munitions and ammunition to deter Russian and Chinese aggression, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2022
Mr. Cotton (for himself, Mrs. Fischer, Mr. Scott of Florida, and Mr.
Rounds) introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To authorize additional appropriations to increase the production of
munitions and ammunition to deter Russian and Chinese aggression, 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. FINDINGS.
Congress makes the following findings:
(1) Russia has engaged in an unprovoked war of aggression
against the sovereign nation of Ukraine since February 2022.
(2) The United States and its allies have sought to provide
the Ukrainian people with the weapons and equipment they
desperately need to reverse Vladimir Putin's illicit campaign.
(3) The United States and North Atlantic Treaty
Organization (NATO) allies have been slow to replenish their
arsenals of artillery systems, ammunition, and missiles that
have been depleted as a result of the provision of weapons and
equipment to Ukraine.
(4) Much of the industrial capacity of the United States
and Europe to produce munitions has atrophied since the end of
the Cold War.
(5) Deputy Secretary of Defense Kathleen Hicks has noted
``obsolescence issues'' in certain munitions lines since the
start of Russian hostilities in Ukraine.
(6) While Russia has waged its unjustified war in Europe,
China has obvious and blatant military aspirations to dominate
the Indo-Pacific region and undermine the rules-based global
international order.
(7) The industrial base of the United States has languished
from underfunding of procurement of necessary equipment at
scale for decades.
(8) Should more conflict erupt, the United States and its
allies do not currently maintain the necessary stockpiles to
execute sustained operations.
(9) Neither the United States nor its allies maintain the
capability to rapidly reconstitute their arsenals due to the
complex manufacturing processes necessary for the construction
and assembly of modern weaponry.
(10) The United States must immediately and dramatically
step up the procurement of military munitions and expand the
defense industrial base to meet these increased requirements to
ensure that the interests of the United States are protected in
Europe and the Indo-Pacific.
TITLE I--EMERGENCY FUNDING TO INCREASE MUNITIONS AND AMMUNITION
PRODUCTION AND EXPAND INDUSTRIAL BASE PRODUCTION CAPACITY AND
RESPONSIVENESS
SEC. 101. SURGE IN EMERGENCY FUNDING FOR CRITICAL ARMY MUNITIONS TO
DETER RUSSIAN AND CHINESE AGGRESSION.
In addition to amounts otherwise authorized to be appropriated,
there is authorized to be appropriated to the Department of Defense for
fiscal year 2023 the aggregate amount of $2,431,500,000 for Missile
Procurement, Army, to acquire replacement munitions and expand the
defense industrial base of the United States, in amounts as follows:
(1) $300,000,000 for a production increase of 3,500 AGM-113
Hellfire missiles.
(2) $60,000,000 for a production increase of 200 joint air-
to-ground missiles.
(3) $36,000,000 for a capacity increase of joint air-to-
ground missiles to 2,400 missiles per year.
(4) $200,000,000 for a production increase in Javelin
lightweight command launch units.
(5) $250,500,000 for a production increase of 1,500 guided
multiple-launch rocket system rounds.
(6) $10,000,000 for a capacity increase in high mobility
artillery rocket system cabs.
(7) $100,000,000 for a production increase of 12 high
mobility artillery rocket system launchers.
(8) $100,000,000 for a production increase of 75 Army
tactical missile system rounds.
(9) $200,000,000 for a production increase of block 1
Stinger refurbishment.
(10) $1,000,000,000 for a production increase in Patriot
fire units.
(11) $75,000,000 for a production increase in Switchblades.
(12) $100,000,000 for long-lead energetics for munitions
production.
SEC. 102. SURGE IN EMERGENCY FUNDING TO RECONSTITUTE STOCKPILES OF
CRITICAL NAVAL MUNITIONS TO DETER RUSSIAN AND CHINESE
AGGRESSION.
In addition to amounts otherwise authorized to be appropriated,
there is authorized to be appropriated to the Department of Defense for
fiscal year 2023 the aggregate amount of $545,000,000 for Weapons
Procurement, Navy, to acquire replacement munitions and expand the
defense industrial base of the United States, in amounts as follows:
(1) $200,000,000 for SM-6 capacity expansion via test and
tooling equipment.
(2) $50,000,000 for SM-6 capacity expansion via dual-source
energetics.
(3) $45,000,000 for a production increase of 21 long range
anti-ship missiles.
(4) $35,000,000 for long range anti-ship missile capacity
expansion to 240 missiles per year.
(5) $40,000,000 for a production increase of 25 advanced
anti-radiation guided missile-extended range missiles.
(6) $225,000,000 for the Hammerhead program.
(7) $11,050,000 for the Mk-68 program.
(8) $125,400,000 for the Mk-54 lightweight torpedo program.
(9) $49,000 for a production increase in Mk-48 heavyweight
torpedoes.
SEC. 103. SURGE IN EMERGENCY FUNDING TO RECONSTITUTE STOCKPILES OF
CRITICAL MARINE CORPS MUNITIONS TO DETER RUSSIAN AND
CHINESE AGGRESSION.
In addition to amounts otherwise authorized to be appropriated,
there is authorized to be appropriated to the Department of Defense for
fiscal year 2023 the aggregate amount of $175,000,000 for Procurement,
Marine Corps, for a production increase of 115 Naval Strike Missiles.
SEC. 104. SURGE IN EMERGENCY FUNDING TO RECONSTITUTE STOCKPILES OF
CRITICAL AIR FORCE MUNITIONS TO DETER RUSSIAN AND CHINESE
AGGRESSION.
In addition to amounts otherwise authorized to be appropriated,
there is authorized to be appropriated to the Department of Defense for
fiscal year 2023 the aggregate amount of $806,350,000 for Missile
Procurement, Air Force, to acquire replacement munitions and expand the
defense industrial base of the United States, in amounts as follows:
(1) $85,000,000 for a capacity expansion for joint air-to-
surface standoff missiles to 1000 missiles per year.
(2) $206,000,000 for a production increase of 500 AIM-9X
missiles.
(3) $139,000,000 for a production increase of 150 advanced
medium range air-to-air missiles.
(4) $173,000,000 for a production increase in Small
Diameter Bomb II bombs.
SEC. 105. SURGE IN EMERGENCY FUNDING TO RECONSTITUTE STOCKPILES OF
CRITICAL DEPARTMENT OF DEFENSE-WIDE MUNITIONS TO DETER
RUSSIAN AND CHINESE AGGRESSION.
In addition to amounts otherwise authorized to be appropriated,
there is authorized to be appropriated to the Department of Defense for
fiscal year 2023 the aggregate amount of $315,000,000 for Procurement,
Defense-wide, to acquire replacement munitions and expand the defense
industrial base of the United States, in amounts as follows:
(1) $252,000,000 for a production increase of 8 SM-3 Block
IIA missiles.
(2) $63,000,000 for a capacity expansion for SM-3 Block IIA
missiles to 36 missiles per year via test equipment.
SEC. 106. SURGE IN EMERGENCY FUNDING TO RECONSTITUTE STOCKPILES OF
CRITICAL ARMY EQUIPMENT TO DETER RUSSIAN AND CHINESE
AGGRESSION.
In addition to amounts otherwise authorized to be appropriated,
there is authorized to be appropriated to the Department of Defense for
fiscal year 2023 the aggregate amount of $244,000,000 for Other
Procurement, Army, for the Coyote counter-sUAS system.
TITLE II--OTHER MATTERS
SEC. 201. MULTIYEAR CONTRACTING AUTHORITY FOR WEAPONS PROCUREMENT.
(a) In General.--The Secretary of Defense may execute multiyear
contracts for the purposes of acquiring munitions.
(b) Requirements.--Any contracts executed under this section
shall--
(1) not extend beyond five years; and
(2) acquire or procure ammunition, bombs, missiles,
rockets, or other munitions critical to deterrence or the
execution of operational plans.
SEC. 202. ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR MUNITIONS.
(a) Briefing on Fulfillment of Munitions Requirements.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall deliver a briefing
to the congressional defense committees regarding the current
process for fulfilling the requirements of section 222c of
title 10, United States Code, in a timely fashion with
standardization across the Department of Defense.
(2) Congressional defense committees defined.--In this
subsection, the term ``congressional defense committees'' has
the meaning given that term in section 101(a) of title 10,
United States Code.
(b) Annual Report on Industrial Base Constraints for Munitions.--
(1) In general.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 222c the following new
section:
``Sec. 222d. Annual report on industrial base constraints for munitions
``(a) In General.--Not later than 30 days after the submission of
all reports required under section 222c(a) of this title, the Under
Secretary of Defense for Acquisition and Sustainment, in coordination
with the Service Acquisition Executive for each military service, shall
submit to the congressional defense committees a report setting forth
in detail the industrial base constraints for each munition identified
in the Out-Year Unconstrained Total Munitions Requirement.
``(b) Elements.--The report required under subsection (a) shall
include the following elements, by munition:
``(1) Programmed purchase quantities per year.
``(2) Average procurement unit cost per year.
``(3) Contract type.
``(4) Current minimum sustaining rate of production per
month and year.
``(5) Current maximum rate of production per month and
year.
``(6) Expected date to meet the total requirement in
section 222c of this title under the current programmed
purchase profile.
``(7) A description of industrial base constraints on
increased production.
``(8) A description of investments or policy changes made
by the contractor to increase production, enable more efficient
production, or mitigate significant loss of stability in
potential production.
``(9) A description of investments or policy changes made
by the United States Government to increase production, enable
more efficient production, or mitigate significant loss of
stability in potential production.
``(10) A description of potential investments or policy
changes identified by the contractor or the United States
Government to increase production, enable more efficient
production, or mitigate significant loss of stability in
potential production.
``(11) A list of contracts for munitions with DX or DO
ratings under the Defense Priorities and Allocations System.
``(12) A prioritized list of munitions or capabilities
judged to have high value for export for which additional work
would be necessary to enable export, including a description of
required investments to enhance exportability.
``(c) Working Definition of Munition.--The Under Secretary may
define munition for the purposes of this section given the multiple
subtypes of munitions.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 9 of title 10, United States Code, is
amended by inserting after the item relating to section 222c
the following new item:
``222d. Annual report on industrial base constraints for munitions.''.
SEC. 203. NATO PROCUREMENT AUTHORITY.
(a) Support or Procurement Partnership Agreements.--Notwithstanding
the provisions of subsections (a), (b) and (d) of section 2350d of
title 10, United States Code, the Secretary of Defense may enter into
Support or Procurement Partnership Agreements pursuant to such section
to provide materiel and related services--
(1) directly to the Government of Ukraine; or
(2) to foreign countries that have provided support to
Ukraine.
(b) Acquisition and Cross-Servicing Agreements.--Notwithstanding
the provisions of sections 2347, 2348, and 2350 of title 10, United
States Code, the Secretary of Defense may enter into an agreement under
section 2342 of such title to provide materiel and related services--
(1) directly to the Government of Ukraine; or
(2) to foreign countries that have provided support to
Ukraine.
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