I 

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. 

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

3 SECTION 1. FUNDING INDO-PACIFIC READINESS AND EN4 HANCING STOCKPILES FUND TO DETER THE 

5 CHINESE COMMUNIST PARTY. 

6 (a) ESTABLISHMENT.—There is established in the 

7 Treasury a fund to be known as the ‘‘Funding Indo-PaVerDate Sep 11 2014 23:05 Sep 30, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5753.IH H5753

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1 cific Readiness and Enhancing Stockpiles Fund’’ or the 

2 ‘‘FIRES’’ Fund (hereafter in this section referred to as 

3 the ‘‘Fund’’). There shall be deposited into the Fund 

4 amounts transferred under subsection (c), which shall be 

5 used only for the purposes specified in subsection (d). 

6 (b) CONTROL OF THE FUND.—The Fund shall be 

7 under the control of the Secretary of Defense acting in 

8 consultation with the Under Secretary of Defense for Ac9 quisition and Sustainment. 

10 (c) TRANSFER OF EXPIRED AMOUNTS.— 

11 (1) IN GENERAL.—Subject to paragraph (2), 

12 the Secretary of Defense shall transfer into the 

13 Fund any amounts previously appropriated for to 

14 the Department of Defense for procurement; re15 search, development, test, and evaluation; operation 

16 and maintenance; or military personnel that are un17 obligated on the last day of the fifth fiscal year after 

18 the period of availability for obligation of such 

19 amounts ends pursuant to section 1552 of title 31, 

20 United States Code. 

21 (2) TREATMENT OF CERTAIN UNOBLIGATED

22 FUNDS.—In carrying out paragraph (1), the Sec23 retary of Defense may elect to use all or a portion 

24 of unobligated amounts previously appropriated for 

25 military personnel or operation and maintenance— 


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1 (A) for transfers to the Foreign Currency 

2 Fluctuations Account in accordance with sec3 tion 2779(d) of title 10, United States Code; or 

4 (B) for transfers to the Fund. 

5 (d) USE OF FUNDS.—Subject to subsections (e) 

6 through (h), monies deposited into the Fund shall be avail7 able, without fiscal year limitation, for expenditure. Funds 

8 deposited into the account as designated in subsection (c) 

9 of this section shall be made available, without fiscal year 

10 limitation, for expenditures only for advancing the fol11 lowing purposes: 

12 (1) The production of munitions, the expansion 

13 of munitions production capacity, and the construc14 tion of facilities for the production, storage, and 

15 transport of munitions, including government-owned 

16 munitions facilities specializing in solid rocket motor 

17 production, prioritizing weapons platforms identified 

18 in the reports submitted under section 1251(d)(1) of 

19 the William M. (Mac) Thornberry National Defense 

20 Authorization Act for Fiscal Year 2021 (10 U.S.C. 

21 113 note), in concurrence with the Commander of 

22 the United States Indo-Pacific Command. 

23 (2) Shipbuilding and conversion, associated fa24 cilities, and programs in support of section 1025 of 


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1 the National Defense Authorization Act for Fiscal 

2 Year 2018 (10 U.S.C. 7291 note). 

3 (3) Within the Indo-Pacific Theater, expedi4 tionary air base infrastructure, forward arming and 

5 refueling sites, facilities enabling the pre-positioning 

6 of military stocks and logistics capabilities, and in7 stallations to support Navy vessel mobility. 

8 (e) RESERVATION.—Not less than 10 percent of 

9 amounts deposited into the Fund shall be used for loans 

10 or grants to, or contracts with nontraditional defense con11 tractors and small- and medium-sized businesses. 

12 (f) CONTRACT AUTHORITIES.—To carry out the pur13 poses of this section, the Secretary may, in addition to 

14 any other authorities provided under law— 

15 (1) use other transactional authorities described 

16 in sections 4021 and 4022 of title 10, United States 

17 Code; and 

18 (2) enter into multiyear contracts in accordance 

19 with section 3501 of such title. 

20 (g) CONGRESSIONAL NOTICE AND APPROVAL OF

21 CONTRACTS.—No contract may be entered into using 

22 amounts in the Fund until— 

23 (1) the Secretary of Defense submits to the 

24 congressional defense committees written notice of 

25 the intent to enter into such contract; and 


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1 (2) a period of 15 days has elapsed following 

2 the date of the submittal of such notice. 

3 (h) RETURN OF EXPIRED AMOUNTS.—Any amounts 

4 transferred to the Fund under subsection (c) that are un5 obligated on the date that is 10 years after the date of 

6 such transfer shall be returned to the general fund of the 

7 Treasury. 

8 (i) REPORTS.— 

9 (1) REPORTS ON TRANSFERS AND EXPENDI10 TURES.—Not later than 90 days after the first 

11 transfer of amounts to the Fund under subsection 

12 (c), and not less frequently than once every 180 

13 days thereafter, the Under Secretary of Defense for 

14 Acquisition and Sustainment shall submit to the 

15 congressional defense committees a report on ex16 penditures made from the Fund. Each report shall 

17 identify— 

18 (A) the amount and source of any appro19 priations transferred to the Fund under sub20 section (c); 

21 (B) the specific expenditures for which 

22 such amounts were used after such transfer; 

23 and 

24 (C) the balance of funds remaining in the 

25 Fund. 


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1 (2) REPORTS ON EXPIRED AMOUNTS.—On a 

2 quarterly basis, the Secretary of Defense shall sub3 mit to the congressional defense committees a report 

4 identifying any amounts described in subsection 

5 (c)— 

6 (A) that are available and have not yet 

7 been transferred to the Fund; or 

8 (B) that are expected to become available 

9 for transfer to the fund, regardless of when 

10 such availability is expected to occur. 

11 (3) GAO REVIEW AND VERIFICATION.—Not 

12 later than 30 days after the submittal of each report 

13 described in paragraphs (1) and (2), the Comptroller 

14 General of the United States shall— 

15 (A) review and verify the information con16 tained the report; and 

17 (B) submit to the congressional defense 

18 committees a report on the results of such re19 view and verification. 

20 (j) CONGRESSIONAL DEFENSE COMMITTEES DE21 FINED.—In this section, the term ‘‘congressional defense 

22 committees’’ has the meaning given such term in section 

23 101 of title 10, United States Code. 

Æ 


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