[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5753 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5753
To reactivate and repurpose canceling funds to deter the Chinese
Communist Party before such funds are extracted from the Department of
Defense on October 1, 2023.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2023
Mr. Gallagher introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committee on
Appropriations, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reactivate and repurpose canceling funds to deter the Chinese
Communist Party before such funds are extracted from the Department of
Defense on October 1, 2023.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FUNDING INDO-PACIFIC READINESS AND ENHANCING STOCKPILES FUND
TO DETER THE CHINESE COMMUNIST PARTY.
(a) Establishment.--There is established in the Treasury a fund to
be known as the ``Funding Indo-Pacific Readiness and Enhancing
Stockpiles Fund'' or the ``FIRES'' Fund (hereafter in this section
referred to as the ``Fund''). There shall be deposited into the Fund
amounts transferred under subsection (c), which shall be used only for
the purposes specified in subsection (d).
(b) Control of the Fund.--The Fund shall be under the control of
the Secretary of Defense acting in consultation with the Under
Secretary of Defense for Acquisition and Sustainment.
(c) Transfer of Expired Amounts.--
(1) In general.--Subject to paragraph (2), the Secretary of
Defense shall transfer into the Fund any amounts previously
appropriated for to the Department of Defense for procurement;
research, development, test, and evaluation; operation and
maintenance; or military personnel that are unobligated on the
last day of the fifth fiscal year after the period of
availability for obligation of such amounts ends pursuant to
section 1552 of title 31, United States Code.
(2) Treatment of certain unobligated funds.--In carrying
out paragraph (1), the Secretary of Defense may elect to use
all or a portion of unobligated amounts previously appropriated
for military personnel or operation and maintenance--
(A) for transfers to the Foreign Currency
Fluctuations Account in accordance with section 2779(d)
of title 10, United States Code; or
(B) for transfers to the Fund.
(d) Use of Funds.--Subject to subsections (e) through (h), monies
deposited into the Fund shall be available, without fiscal year
limitation, for expenditure. Funds deposited into the account as
designated in subsection (c) of this section shall be made available,
without fiscal year limitation, for expenditures only for advancing the
following purposes:
(1) The production of munitions, the expansion of munitions
production capacity, and the construction of facilities for the
production, storage, and transport of munitions, including
government-owned munitions facilities specializing in solid
rocket motor production, prioritizing weapons platforms
identified in the reports submitted under section 1251(d)(1) of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (10 U.S.C. 113 note), in concurrence
with the Commander of the United States Indo-Pacific Command.
(2) Shipbuilding and conversion, associated facilities, and
programs in support of section 1025 of the National Defense
Authorization Act for Fiscal Year 2018 (10 U.S.C. 7291 note).
(3) Within the Indo-Pacific Theater, expeditionary air base
infrastructure, forward arming and refueling sites, facilities
enabling the pre-positioning of military stocks and logistics
capabilities, and installations to support Navy vessel
mobility.
(e) Reservation.--Not less than 10 percent of amounts deposited
into the Fund shall be used for loans or grants to, or contracts with
nontraditional defense contractors and small- and medium-sized
businesses.
(f) Contract Authorities.--To carry out the purposes of this
section, the Secretary may, in addition to any other authorities
provided under law--
(1) use other transactional authorities described in
sections 4021 and 4022 of title 10, United States Code; and
(2) enter into multiyear contracts in accordance with
section 3501 of such title.
(g) Congressional Notice and Approval of Contracts.--No contract
may be entered into using amounts in the Fund until--
(1) the Secretary of Defense submits to the congressional
defense committees written notice of the intent to enter into
such contract; and
(2) a period of 15 days has elapsed following the date of
the submittal of such notice.
(h) Return of Expired Amounts.--Any amounts transferred to the Fund
under subsection (c) that are unobligated on the date that is 10 years
after the date of such transfer shall be returned to the general fund
of the Treasury.
(i) Reports.--
(1) Reports on transfers and expenditures.--Not later than
90 days after the first transfer of amounts to the Fund under
subsection (c), and not less frequently than once every 180
days thereafter, the Under Secretary of Defense for Acquisition
and Sustainment shall submit to the congressional defense
committees a report on expenditures made from the Fund. Each
report shall identify--
(A) the amount and source of any appropriations
transferred to the Fund under subsection (c);
(B) the specific expenditures for which such
amounts were used after such transfer; and
(C) the balance of funds remaining in the Fund.
(2) Reports on expired amounts.--On a quarterly basis, the
Secretary of Defense shall submit to the congressional defense
committees a report identifying any amounts described in
subsection (c)--
(A) that are available and have not yet been
transferred to the Fund; or
(B) that are expected to become available for
transfer to the fund, regardless of when such
availability is expected to occur.
(3) GAO review and verification.--Not later than 30 days
after the submittal of each report described in paragraphs (1)
and (2), the Comptroller General of the United States shall--
(A) review and verify the information contained the
report; and
(B) submit to the congressional defense committees
a report on the results of such review and
verification.
(j) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' has the meaning given such
term in section 101 of title 10, United States Code.
<all>