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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5034 Introduced in Senate (IS)]

<DOC>

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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