II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress makes the following findings: 

5 (1) Russia has engaged in an unprovoked war 

6 of aggression against the sovereign nation of 

7 Ukraine since February 2022. 

8 (2) The United States and its allies have sought 

9 to provide the Ukrainian people with the weapons 


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1 and equipment they desperately need to reverse 

2 Vladimir Putin’s illicit campaign. 

3 (3) The United States and North Atlantic 

4 Treaty Organization (NATO) allies have been slow 

5 to replenish their arsenals of artillery systems, am6 munition, and missiles that have been depleted as a 

7 result of the provision of weapons and equipment to 

8 Ukraine. 

9 (4) Much of the industrial capacity of the 

10 United States and Europe to produce munitions has 

11 atrophied since the end of the Cold War. 

12 (5) Deputy Secretary of Defense Kathleen 

13 Hicks has noted ‘‘obsolescence issues’’ in certain 

14 munitions lines since the start of Russian hostilities 

15 in Ukraine. 

16 (6) While Russia has waged its unjustified war 

17 in Europe, China has obvious and blatant military 

18 aspirations to dominate the Indo-Pacific region and 

19 undermine the rules-based global international order. 

20 (7) The industrial base of the United States 

21 has languished from underfunding of procurement of 

22 necessary equipment at scale for decades. 

23 (8) Should more conflict erupt, the United 

24 States and its allies do not currently maintain the 

25 necessary stockpiles to execute sustained operations. 


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1 (9) Neither the United States nor its allies 

2 maintain the capability to rapidly reconstitute their 

3 arsenals due to the complex manufacturing processes 

4 necessary for the construction and assembly of mod5 ern weaponry. 

6 (10) The United States must immediately and 

7 dramatically step up the procurement of military 

8 munitions and expand the defense industrial base to 

9 meet these increased requirements to ensure that the 

10 interests of the United States are protected in Eu11 rope and the Indo-Pacific. 

12 TITLE I—EMERGENCY FUNDING 

13 TO INCREASE MUNITIONS 

14 AND AMMUNITION PRODUC15 TION AND EXPAND INDUS16 TRIAL BASE PRODUCTION CA17 PACITY AND RESPONSIVE18 NESS 

19 SEC. 101. SURGE IN EMERGENCY FUNDING FOR CRITICAL 

20 ARMY MUNITIONS TO DETER RUSSIAN AND 

21 CHINESE AGGRESSION. 

22 In addition to amounts otherwise authorized to be ap23 propriated, there is authorized to be appropriated to the 

24 Department of Defense for fiscal year 2023 the aggregate 

25 amount of $2,431,500,000 for Missile Procurement, 


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1 Army, to acquire replacement munitions and expand the 

2 defense industrial base of the United States, in amounts 

3 as follows: 

4 (1) $300,000,000 for a production increase of 

5 3,500 AGM–113 Hellfire missiles. 

6 (2) $60,000,000 for a production increase of 

7 200 joint air-to-ground missiles. 

8 (3) $36,000,000 for a capacity increase of joint 

9 air-to-ground missiles to 2,400 missiles per year. 

10 (4) $200,000,000 for a production increase in 

11 Javelin lightweight command launch units. 

12 (5) $250,500,000 for a production increase of 

13 1,500 guided multiple-launch rocket system rounds. 

14 (6) $10,000,000 for a capacity increase in high 

15 mobility artillery rocket system cabs. 

16 (7) $100,000,000 for a production increase of 

17 12 high mobility artillery rocket system launchers. 

18 (8) $100,000,000 for a production increase of 

19 75 Army tactical missile system rounds. 

20 (9) $200,000,000 for a production increase of 

21 block 1 Stinger refurbishment. 

22 (10) $1,000,000,000 for a production increase 

23 in Patriot fire units. 

24 (11) $75,000,000 for a production increase in 

25 Switchblades. 


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1 (12) $100,000,000 for long-lead energetics for 

2 munitions production. 

3 SEC. 102. SURGE IN EMERGENCY FUNDING TO RECONSTI4 TUTE STOCKPILES OF CRITICAL NAVAL MU5 NITIONS TO DETER RUSSIAN AND CHINESE 

6 AGGRESSION. 

7 In addition to amounts otherwise authorized to be ap8 propriated, there is authorized to be appropriated to the 

9 Department of Defense for fiscal year 2023 the aggregate 

10 amount of $545,000,000 for Weapons Procurement, 

11 Navy, to acquire replacement munitions and expand the 

12 defense industrial base of the United States, in amounts 

13 as follows: 

14 (1) $200,000,000 for SM–6 capacity expansion 

15 via test and tooling equipment. 

16 (2) $50,000,000 for SM–6 capacity expansion 

17 via dual-source energetics. 

18 (3) $45,000,000 for a production increase of 21 

19 long range anti-ship missiles. 

20 (4) $35,000,000 for long range anti-ship missile 

21 capacity expansion to 240 missiles per year. 

22 (5) $40,000,000 for a production increase of 25 

23 advanced anti-radiation guided missile–extended 

24 range missiles. 


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1 (6) $225,000,000 for the Hammerhead pro2 gram. 

3 (7) $11,050,000 for the Mk–68 program. 

4 (8) $125,400,000 for the Mk–54 lightweight 

5 torpedo program. 

6 (9) $49,000 for a production increase in Mk– 

7 48 heavyweight torpedoes. 

8 SEC. 103. SURGE IN EMERGENCY FUNDING TO RECONSTI9 TUTE STOCKPILES OF CRITICAL MARINE 

10 CORPS MUNITIONS TO DETER RUSSIAN AND 

11 CHINESE AGGRESSION. 

12 In addition to amounts otherwise authorized to be ap13 propriated, there is authorized to be appropriated to the 

14 Department of Defense for fiscal year 2023 the aggregate 

15 amount of $175,000,000 for Procurement, Marine Corps, 

16 for a production increase of 115 Naval Strike Missiles. 

17 SEC. 104. SURGE IN EMERGENCY FUNDING TO RECONSTI18 TUTE STOCKPILES OF CRITICAL AIR FORCE 

19 MUNITIONS TO DETER RUSSIAN AND CHI20 NESE AGGRESSION. 

21 In addition to amounts otherwise authorized to be ap22 propriated, there is authorized to be appropriated to the 

23 Department of Defense for fiscal year 2023 the aggregate 

24 amount of $806,350,000 for Missile Procurement, Air 

25 Force, to acquire replacement munitions and expand the 


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1 defense industrial base of the United States, in amounts 

2 as follows: 

3 (1) $85,000,000 for a capacity expansion for 

4 joint air-to-surface standoff missiles to 1000 missiles 

5 per year. 

6 (2) $206,000,000 for a production increase of 

7 500 AIM–9X missiles. 

8 (3) $139,000,000 for a production increase of 

9 150 advanced medium range air-to-air missiles. 

10 (4) $173,000,000 for a production increase in 

11 Small Diameter Bomb II bombs. 

12 SEC. 105. SURGE IN EMERGENCY FUNDING TO RECONSTI13 TUTE STOCKPILES OF CRITICAL DEPART14 MENT OF DEFENSE-WIDE MUNITIONS TO 

15 DETER RUSSIAN AND CHINESE AGGRESSION. 

16 In addition to amounts otherwise authorized to be ap17 propriated, there is authorized to be appropriated to the 

18 Department of Defense for fiscal year 2023 the aggregate 

19 amount of $315,000,000 for Procurement, Defense-wide, 

20 to acquire replacement munitions and expand the defense 

21 industrial base of the United States, in amounts as fol22 lows: 

23 (1) $252,000,000 for a production increase of 

24 8 SM–3 Block IIA missiles. 


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1 (2) $63,000,000 for a capacity expansion for 

2 SM–3 Block IIA missiles to 36 missiles per year via 

3 test equipment. 

4 SEC. 106. SURGE IN EMERGENCY FUNDING TO RECONSTI5 TUTE STOCKPILES OF CRITICAL ARMY 

6 EQUIPMENT TO DETER RUSSIAN AND CHI7 NESE AGGRESSION. 

8 In addition to amounts otherwise authorized to be ap9 propriated, there is authorized to be appropriated to the 

10 Department of Defense for fiscal year 2023 the aggregate 

11 amount of $244,000,000 for Other Procurement, Army, 

12 for the Coyote counter-sUAS system. 

13 TITLE II—OTHER MATTERS 

14 SEC. 201. MULTIYEAR CONTRACTING AUTHORITY FOR 

15 WEAPONS PROCUREMENT. 

16 (a) IN GENERAL.—The Secretary of Defense may 

17 execute multiyear contracts for the purposes of acquiring 

18 munitions. 

19 (b) REQUIREMENTS.—Any contracts executed under 

20 this section shall— 

21 (1) not extend beyond five years; and 

22 (2) acquire or procure ammunition, bombs, mis23 siles, rockets, or other munitions critical to deter24 rence or the execution of operational plans. 


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1 SEC. 202. ANNUAL REPORT ON INDUSTRIAL BASE CON2 STRAINTS FOR MUNITIONS. 

3 (a) BRIEFING ON FULFILLMENT OF MUNITIONS RE4 QUIREMENTS.— 

5 (1) IN GENERAL.—Not later than 30 days after 

6 the date of the enactment of this Act, the Secretary 

7 of Defense and the Chairman of the Joint Chiefs of 

8 Staff shall deliver a briefing to the congressional de9 fense committees regarding the current process for 

10 fulfilling the requirements of section 222c of title 

11 10, United States Code, in a timely fashion with 

12 standardization across the Department of Defense. 

13 (2) CONGRESSIONAL DEFENSE COMMITTEES

14 DEFINED.—In this subsection, the term ‘‘congres15 sional defense committees’’ has the meaning given 

16 that term in section 101(a) of title 10, United 

17 States Code. 

18 (b) ANNUAL REPORT ON INDUSTRIAL BASE CON19 STRAINTS FOR MUNITIONS.— 

20 (1) IN GENERAL.—Chapter 9 of title 10, United 

21 States Code, is amended by inserting after section 

22 222c the following new section: 

23 ‘‘§ 222d. Annual report on industrial base constraints 

24 for munitions 

25 ‘‘(a) IN GENERAL.—Not later than 30 days after the 

26 submission of all reports required under section 222c(a) 


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1 of this title, the Under Secretary of Defense for Acquisi2 tion and Sustainment, in coordination with the Service Ac3 quisition Executive for each military service, shall submit 

4 to the congressional defense committees a report setting 

5 forth in detail the industrial base constraints for each mu6 nition identified in the Out-Year Unconstrained Total Mu7 nitions Requirement. 

8 ‘‘(b) ELEMENTS.—The report required under sub9 section (a) shall include the following elements, by muni10 tion: 

11 ‘‘(1) Programmed purchase quantities per year. 

12 ‘‘(2) Average procurement unit cost per year. 

13 ‘‘(3) Contract type. 

14 ‘‘(4) Current minimum sustaining rate of pro15 duction per month and year. 

16 ‘‘(5) Current maximum rate of production per 

17 month and year. 

18 ‘‘(6) Expected date to meet the total require19 ment in section 222c of this title under the current 

20 programmed purchase profile. 

21 ‘‘(7) A description of industrial base constraints 

22 on increased production. 

23 ‘‘(8) A description of investments or policy 

24 changes made by the contractor to increase producVerDate Sep 11 2014 20:14 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5034.IS S5034

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1 tion, enable more efficient production, or mitigate 

2 significant loss of stability in potential production. 

3 ‘‘(9) A description of investments or policy 

4 changes made by the United States Government to 

5 increase production, enable more efficient produc6 tion, or mitigate significant loss of stability in poten7 tial production. 

8 ‘‘(10) A description of potential investments or 

9 policy changes identified by the contractor or the 

10 United States Government to increase production, 

11 enable more efficient production, or mitigate signifi12 cant loss of stability in potential production. 

13 ‘‘(11) A list of contracts for munitions with DX 

14 or DO ratings under the Defense Priorities and Allo15 cations System. 

16 ‘‘(12) A prioritized list of munitions or capabili17 ties judged to have high value for export for which 

18 additional work would be necessary to enable export, 

19 including a description of required investments to 

20 enhance exportability. 

21 ‘‘(c) WORKING DEFINITION OF MUNITION.—The 

22 Under Secretary may define munition for the purposes of 

23 this section given the multiple subtypes of munitions.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of chapter 9 of title 10, 


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1 United States Code, is amended by inserting after 

2 the item relating to section 222c the following new 

3 item: 

‘‘222d. Annual report on industrial base constraints for munitions.’’. 

4 SEC. 203. NATO PROCUREMENT AUTHORITY. 

5 (a) SUPPORT OR PROCUREMENT PARTNERSHIP

6 AGREEMENTS.—Notwithstanding the provisions of sub7 sections (a), (b) and (d) of section 2350d of title 10, 

8 United States Code, the Secretary of Defense may enter 

9 into Support or Procurement Partnership Agreements 

10 pursuant to such section to provide materiel and related 

11 services— 

12 (1) directly to the Government of Ukraine; or 

13 (2) to foreign countries that have provided sup14 port to Ukraine. 

15 (b) ACQUISITION AND CROSS-SERVICING AGREE16 MENTS.—Notwithstanding the provisions of sections 2347, 

17 2348, and 2350 of title 10, United States Code, the Sec18 retary of Defense may enter into an agreement under sec19 tion 2342 of such title to provide materiel and related 

20 services— 

21 (1) directly to the Government of Ukraine; or 

22 (2) to foreign countries that have provided sup23 port to Ukraine. 

Æ 


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