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congressional intelligence committees, and is docu-
mented as meeting those criteria. 
(5) INITIAL REPORT AND PUBLICATION.—Not 
later than 180 days after the date of the enactment 
of this Act, the head of the Office, on behalf of the 
Secretary and the Director, shall— 
(A) submit to the congressional intelligence 
committees, the congressional defense commit-
tees, and congressional leadership a report de-
tailing the system established under paragraph 
(1); and 
(B) make available to the public on a 
website of the Department of Defense informa-
tion about such system, including clear public 
guidance for accessing and using such system 
and providing feedback about the expected 
timeline to process a report. 
(6) ANNUAL
REPORTS.—Section 1683 of the 
National Defense Authorization Act for Fiscal Year 
2022 (50 U.S.C. 3373) is amended— 
(A) in subsection (h)— 
(i) in paragraph (1), by inserting 
‘‘and congressional leadership’’ after ‘‘ap-
propriate congressional committees’’; and 
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(ii) in paragraph (2), by adding at the 
end the following new subparagraph: 
‘‘(Q) A summary of the reports received 
using the system established under title XVI of 
the National Defense Authorization Act for Fis-
cal Year 2023.’’; and 
(B) in subsection (l)— 
(i) by redesignating paragraphs (2) 
through (5) as paragraphs (3) through (6), 
respectively; and 
(ii) by inserting after paragraph (1) 
the following new paragraph (2): 
‘‘(2) 
The 
term 
‘congressional 
leadership’ 
means— 
‘‘(A) the majority leader of the Senate; 
‘‘(B) the minority leader of the Senate; 
‘‘(C) the Speaker of the House of Rep-
resentatives; and 
‘‘(D) the minority leader of the House of 
Representatives.’’. 
(c) RECORDS OF NONDISCLOSURE AGREEMENTS.— 
(1) 
IDENTIFICATION
OF
NONDISCLOSURE 
AGREEMENTS.—The Secretary of Defense, the Di-
rector of National Intelligence, the Secretary of 
Homeland Security, the heads of such other depart-
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ments and agencies of the Federal Government that 
have supported investigations of the types of events 
covered by subparagraph (A) of subsection (b)(1) 
and activities and programs described subparagraph 
(B) of such subsection, and contractors of the Fed-
eral Government supporting such activities and pro-
grams shall conduct comprehensive searches of all 
records relating to nondisclosure orders or agree-
ments or other obligations relating to the types of 
events described in subsection (a) and provide copies 
of all relevant documents to the Office. 
(2) SUBMITTAL TO CONGRESS.—The head of 
the Office shall— 
(A) make the records compiled under para-
graph (1) accessible to the congressional intel-
ligence committees, the congressional defense 
committees, and congressional leadership; and 
(B) not later than September 30, 2023, 
and at least once each fiscal year thereafter 
through fiscal year 2026, provide to such com-
mittees and congressional leadership briefings 
and reports on such records. 
(d) PROTECTION FROM LIABILITY
AND PRIVATE 
RIGHT OF ACTION.— 
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(1) PROTECTION FROM LIABILITY.—It shall not 
be a violation of section 798 of title 18, United 
States Code, or any other provision of law, and no 
cause of action shall lie or be maintained in any 
court or other tribunal against any person, for re-
porting any information through, and in compliance 
with, the system established pursuant to subsection 
(b)(1). 
(2) PROHIBITION ON REPRISALS.—An employee 
of a Federal agency and an employee of a contractor 
for the Federal Government who has authority to 
take, direct others to take, recommend, or approve 
any personnel action, shall not, with respect to such 
authority, take or fail to take, or threaten to take 
or fail to take, a personnel action, including the rev-
ocation or suspension of security clearances, with re-
spect to any individual as a reprisal for any report-
ing as described in paragraph (1). 
(3) PRIVATE RIGHT OF ACTION.—In a case in 
which an employee described in paragraph (2) takes 
a personnel action against an individual in violation 
of such paragraph, the individual may bring a pri-
vate civil action for all appropriate remedies, includ-
ing injunctive relief and compensatory and punitive 
damages, against the Government or other employer 
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who took the personnel action, in the United States 
Court of Federal Claims. 
(e) REVIEW BY INSPECTORS GENERAL.—Not later 
than one year after the date of the enactment of this Act, 
the Inspector General of the Department of Defense and 
the Inspector General of the Intelligence Community shall 
each— 
(1) conduct an assessment of the compliance 
with the requirements of this section and the oper-
ation and efficacy of the system established under 
subsection (b); and 
(2) submit to the congressional intelligence 
committees, the congressional defense committees, 
and congressional leadership a report on their re-
spective findings with respect to the assessments 
they conducted under paragraph (1). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘congressional intelligence com-
mittees’’ has the meaning given such term in section 
3 of the National Security Act of 1947 (50 U.S.C. 
3003). 
(2) 
The 
term 
‘‘congressional 
leadership’’ 
means— 
(A) the majority leader of the Senate; 
(B) the minority leader of the Senate; 
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(C) the Speaker of the House of Rep-
resentatives; and 
(D) the minority leader of the House of 
Representatives. 
(3) The term ‘‘intelligence community’’ has the 
meaning given such term in section 3 of the Na-
tional Security Act of 1947 (50 U.S.C. 3003). 
(4) The term ‘‘Office’’ means the office estab-
lished under section 1683(a) of the National Defense 
Authorization Act for Fiscal Year 2022 (50 U.S.C. 
3373(a)). 
(5) The term ‘‘personnel action’’ has the mean-
ing given such term in section 1104(a) of the Na-
tional Security Act of 1947 (50 U.S.C. 3234(a)). 
(6) The term ‘‘unidentified aerial phenomena’’ 
has the meaning given such term in section 1683(l) 
of the National Defense Authorization Act for Fiscal 
Year 2022 (50 U.S.C. 3373(l)). 
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TITLE 
XVII—MUNITIONS 
RE-
PLENISHMENT AND FUTURE 
PROCUREMENT 
SEC. 1701. MODIFICATION TO SPECIAL DEFENSE ACQUISI-
TION FUND. 
Section 114(c)(1) of title 10, United States Code, is 
amended by striking ‘‘$2,500,000,000’’ and inserting 
‘‘$3,500,000,000’’. 
SEC. 1702. DEVELOPMENT OF TECHNOLOGIES WITH RE-
SPECT TO CRITICAL, PREFERRED, AND PRE-
CISION-GUIDED CONVENTIONAL MUNITIONS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Under Secretary of Defense for Research 
and Engineering and the Under Secretary of Defense for 
Acquisition and Sustainment, in coordination with the 
Secretaries of the Army, Navy, and Air Force and the 
heads of the Defense Agencies, shall develop and invest 
in the following with respect to critical, preferred, and pre-
cision-guided conventional munitions: 
(1) Technologies to— 
(A) reduce the costs of such munitions; 
(B) increase the reliability and lethality of 
such munitions; and 
(C) simplify the manufacturing processes 
for such munitions. 
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(2) Technologies related to the diversification of 
the supply chains relevant to the production of such 
munitions. 
(3) The development of novel methods to more 
easily and affordably manufacture such munitions, 
including the capability of rapid production scaling 
to meet required demand. 
(b) TYPES OF TECHNOLOGIES.—The types of tech-
nologies developed under subsection (a) shall include— 
(1) the additive manufacturing of components, 
including energetics; 
(2) expeditionary manufacturing; 
(3) simplified supply chains, including, where 
possible, the use of open source, commercial, and 
commercial-derived technologies, including microelec-
tronics; and 
(4) such other technologies as the Under Secre-
taries determine appropriate. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Under Secretaries shall 
jointly submit to the congressional defense committees a 
report on the plan to carry out this section. 
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SEC. 1703. SENSE OF CONGRESS AND QUARTERLY BRIEF-
INGS ON REPLENISHMENT AND REVITALIZA-
TION OF STOCKS OF TACTICAL MISSILES 
PROVIDED TO UKRAINE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the delivery of anti-tank and air defense 
missiles and munitions to Ukraine by the United 
States and numerous allies and partners around the 
world has had a crucial impact on the ability of 
Ukraine to resist Russia’s illegal invasion; 
(2) the war in Ukraine has demonstrated the 
utility of these weapons in contemporary military 
conditions; 
(3) it is vital to continue providing Ukraine 
with such assistance, as needed, in an appropriately 
rapid and sustained manner; 
(4) the ability of the Department of Defense to 
support replenishment of these stocks is a matter of 
major importance for— 
(A) the provision of additional support, as 
needed, to Ukraine; 
(B) the defense needs of the United States; 
and 
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(C) the defense needs of allies and part-
ners that have provided, or are considering pro-
viding, their own stocks to assist Ukraine. 
(5) in response to the March 18, 2022, letter 
sent by the Chairman and Ranking Member of the 
Committee on Armed Services of the House of Rep-
resentatives, the Department of Defense responded 
effectively with efforts to buy down strategic risk 
and accelerate production of air defense munitions; 
(6) the effort to replace existing stocks while 
prioritizing the rapid development of a low-cost, ex-
portable evolution of a short-range air defense sys-
tem should proceed as quickly and efficiently as pos-
sible; 
(7) the Department of Defense should continue 
to develop and pursue this strategy while providing 
full transparency into its efforts to buy down stra-
tegic risk and engaging in substantial dialogue re-
garding the path forward; 
(8) the Department of Defense should use its 
authorities to work with allies and partners in a fo-
cused and sustained manner to advance the replen-
ishment of munitions stocks for allies and partners 
that have provided, or are contemplating providing, 
such equipment to Ukraine, in order to ensure they 
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are capable of meeting ongoing alliance and partner-
ship deterrence and security needs. 
(b) QUARTERLY BRIEFINGS.—The Secretary of De-
fense shall provide to Congress quarterly briefings, in ac-
cordance with subsection (c), on the progress of the De-
partment of Defense toward replenishing and sustaining 
the production capacity and stocks of covered systems that 
have been delivered to Ukraine as part of the effort to— 
(1) support Ukraine’s resistance against Rus-
sian aggression; and 
(2) buy down strategic risks. 
(c) ELEMENTS OF BRIEFINGS.— 
(1) BRIEFINGS ON US STOCKS.—The Secretary 
of Defense shall provide to the congressional defense 
committees quarterly briefings that include each of 
the following: 
(A) A timeline and budgetary estimate for 
developing and procuring replacement stocks of 
covered systems for the United States. 
(B) An analysis of the amount of funding 
provided to defense contractors to procure re-
placement stocks of covered systems for the 
United States. 
(C) An identification of any opportunities 
to allow vendors to compete for agreements to 
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produce next-generation short-range tactical 
missiles, launchers, fire controls, and any other 
supporting equipment. 
(D) An analysis of risks within the indus-
trial base that provides support for covered sys-
tems, and detailed options to mitigate those 
risks. 
(E) A discussion of options to maximize 
competition among providers of covered systems 
and components thereof, and an identification 
of any gaps in legal authority to pursue and 
achieve the objectives of maximizing competi-
tion and replenishing and sustaining the pro-
duction capacity of covered systems. 
(F) An update on the use of the authori-
ties of the Department of Defense to replenish 
and sustain the production capacity and stocks 
of covered systems referred to in subsection (b). 
(2) BRIEFINGS
ON
STOCKS
OF
ALLIES
AND 
PARTNERS.—The Secretary of Defense shall provide 
to the congressional defense committees, the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives, and the Committee on Foreign Rela-
tions of the Senate quarterly briefings that include 
each of the following: 
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(A) A timeline and budgetary estimate for 
developing and procuring replacement stocks of 
covered systems for allies and partners of the 
United States. 
(B) An update on the efforts of the De-
partment to work with allies and partners of 
the United States to advance the replenishment 
of munitions stocks for such allies and partners 
that have provided, or are contemplating pro-
viding, such stocks to Ukraine. 
(d) COVERED SYSTEM.—In this section, the term 
‘‘covered system’’ means any short-range tactical missile 
(including any SHORAD or anti-tank missile), loitering 
munition, drone, or ammunition. 
(e) TERMINATION.—The requirement to provide 
quarterly briefings under this section shall terminate on 
December 31, 2026. 
SEC. 1704. ASSESSMENT OF ACQUISITION OBJECTIVES FOR 
PATRIOT AIR AND MISSILE DEFENSE BATTAL-
IONS. 
(a) FINDINGS; SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds the following: 
(A) The unlawful Russian invasion of and 
war in Ukraine has highlighted the importance 
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of lower tier air and missile defense capabilities 
in the European Area of Command. 
(B) The emergency supplemental appro-
priations request by the President for the situa-
tion in Ukraine for fiscal year 2022 included 
funding for a 16th Patriot air and missile de-
fense system battalion, which increases the long 
standing inventory requirement by one bat-
talion. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that given the evolving cruise- and bal-
listic-missile threat from rogue nations and near- 
peer adversaries, particularly in regional scenarios, 
the Secretary of the Army should reassess the cur-
rent battalion and interceptor acquisition objectives 
for the Patriot air and missile defense system to de-
termine if 16 battalions and 3,376 Patriot advanced 
capability-3 missile segment enhancement missiles 
are still valid. 
(b) ASSESSMENT.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of the 
Army shall assess and validate the battalion and inter-
ceptor acquisition objectives, as of the date of the enact-
ment of this Act, for the Patriot air and missile defense 
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system and Patriot advanced capability-3 missile segment 
enhancement missiles. 
(c) REPORT.—Not later than 30 days after the date 
on which the Secretary completes the assessment under 
subsection (b), the Secretary shall submit to the congres-
sional defense committees a report on the assessment, in-
cluding whether the acquisition objectives described in 
such subsection are valid or should be modified. 
(d) AUTHORITY.—Subject to the availability of ap-
propriations for such purpose, the Secretary of the Army 
may procure up to four additional Patriot air and missile 
defense battalions to achieve a total of up to 20 such bat-
talions. 
SEC. 1705. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTER ANALYSIS OF DEPARTMENT 
OF DEFENSE CAPABILITY AND CAPACITY TO 
REPLENISH MISSILE AND MUNITION INVEN-
TORIES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the ongoing war in Ukraine has highlighted 
the importance of understanding the defense indus-
trial base gaps and limitations of replenishing inven-
tories of critical, preferred, and precision-guided 
weapon systems; and 
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(2) the ability of the Department of Defense to 
replenish critical munitions in the event of a conflict 
with a strategic competitor lasting not less than six 
months is of critical importance to the national secu-
rity interests of the United States. 
(b) FFRDC STUDY.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall seek to enter into an agreement 
with an appropriate federally funded research and 
development center for the conduct of a detailed 
analysis of the capability of the Department of De-
fense replenish inventory of the weapons described in 
paragraph (3) to address long-range strike capabili-
ties, including against naval surface and subsurface, 
as well as land-based forces, air superiority, interdic-
tion, air and missile defense, and hard and deeply 
buried target mission areas. Such an agreement 
shall provide that an analysis conducted pursuant to 
the agreement shall be completed within 180 days. 
(2) MATTERS FOR CONSIDERATION.—An anal-
ysis conducted pursuant to an agreement under 
paragraph (1) shall include a consideration of each 
of the following with respect to the weapons de-
scribed in paragraph (3): 
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(A) Any gaps in current or near-term pro-
duction capability through 2025 or capacity due 
to the loss, impending loss, or obsolescence of 
manufacturers or suppliers of items, raw mate-
rials, or software, along with recommendations 
to address the highest priority gaps. 
(B) The capability to significantly increase 
current levels of production beyond steady-state 
demand requirements, including an assessment 
of sub-tier supplier capacity, capability, and 
rates of production. 
(C) The predicted production capability 
and capacity during the time period beginning 
in 2025 and ending in 2035, including the ca-
pability and any recommendations to signifi-
cantly increase production during that time pe-
riod. 
(D) The reliance of the United States on 
materials and parts that are produced or 
sourced in foreign countries, particularly in the 
case of such reliance on a sole-source producer 
or supplier, an identification of countries of ori-
gin of such materials and parts, and associated 
recommendations 
to 
address 
any 
priority 
vulnerabilities. 
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(E) The capacity of the organic industrial 
base, including both Government-operated and 
contractor-operated facilities, to support surge 
production, and an identification of the weap-
ons that each such facilities is equipped, or 
could be equipped, to produce. 
(3) WEAPONS DESCRIBED.—The weapons de-
scribed in this paragraph are each of the following: 
(A) Evolved sea sparrow missile. 
(B) MK 48 heavyweight torpedo. 
(C) Standard missile variants (SM-6, SM- 
3 block IB and SM-3 block IIA). 
(D) Patriot guided missiles. 
(E) Terminal high altitude area defense 
interceptors. 
(F) Guided and ballistic missiles fired from 
the multiple launch rocket system (MLRS) or 
the high mobility artillery rocket system 
(HIMARS). 
(G) Javelin missile. 
(H) Stinger missile. 
(I) Air intercept missile (AIM)-9X-Side-
winder. 
(J) AIM-120D - Advanced medium range 
air-to-air missile (AMRAAM). 
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(K) Air to ground (AGM)-114 - hellfire 
missile. 
(L) Small diameter bomb II. 
(M) Joint direct attack munition. 
(N) Advanced penetrating bombs. 
(O) Enhanced fragmentation bombs. 
(P) Low collateral damage bombs. 
(Q) Tomahawk land attack missile. 
(R) Maritime strike tomahawk. 
(S) Long range anti-ship missile. 
(T) Naval strike missile. 
(U) Joint air-to-surface standoff missile- 
extended range. 
(V) Harpoon anti-ship missile. 
(W) Any other weapon that the Secretary 
of Defense or the federally funded research and 
development center determine should be in-
cluded in the analysis. 
(4) REPORT.— 
(A) IN
GENERAL.—Not later than 180 
days after entering into an agreement under 
subsection (a), the Secretary shall submit to the 
congressional defense committees a report con-
taining the unaltered results of the analysis 
completed pursuant to the agreement. 
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(B) FORM.—The report required under 
subparagraph (A) shall be submitted in unclas-
sified form, but may include a classified annex. 
SEC. 1706. OUT-YEAR UNCONSTRAINED TOTAL MUNITIONS 
REQUIREMENT, OUT-YEAR INVENTORY NUM-
BERS, AND CRITICAL MUNITIONS RESERVE. 
(a) ANNUAL REPORTING REQUIREMENTS.—Section 
222c of title 10, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘the chief of staff of each 
armed force (other than the Coast Guard)’’ and 
inserting ‘‘the Under Secretary of Defense for 
Acquisition and Sustainment’’; 
(B) by striking ‘‘such armed force’’ and in-
serting ‘‘each armed force (other than the 
Coast Guard)’’; and 
(C) by inserting ‘‘for each critical muni-
tions program’’ after ‘‘the following’’; 
(2) by striking subsection (b); 
(3) by redesignating subsections (c) and (d) as 
subsections (b) and (c), respectively; 
(4) by amending subsection (c), as so redesig-
nated, to read as follows: 
‘‘(c) IMPLEMENTATION GUIDANCE USED.—A report 
required to be submitted under subsection (a) for a fiscal 
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year shall include a description and explanation of the mu-
nitions requirements process implementation guidance de-
veloped by the Under Secretary of Defense for Acquisition 
and Sustainment and used by each armed force for the 
munitions requirements process for such armed force for 
that fiscal year. Such description and explanation shall in-
clude each of the following: 
‘‘(1) A list of configurations fielded as of the 
date of the submittal of the report. 
‘‘(2) The percentage of the total munitions in-
ventory that is fielded, by configuration. 
‘‘(3) The average shelf life and age of the muni-
tions in the inventory and the percentage of the mu-
nitions in the inventory that will exceed shelf life 
during the ten-year period following the date of the 
submittal of the report. 
‘‘(4) The number of years required to meet the 
out-year unconstrained total munitions requirement 
at the rate requested for the fiscal year covered by 
the report. 
‘‘(5) The average rate of procurement during 
the three-year period preceding the date of the sub-
mittal of the report, and the number of years re-
quired to meet the out-year unconstrained total mu-
nitions requirement at such three-year average rate. 
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‘‘(6) The additional amount of funding that 
would be required, for each fiscal year, to meet the 
out-year unconstrained total munitions requirement 
for each munition by the end of the period covered 
by the most recent future-years defense program 
submitted to Congress pursuant to section 221 of 
this title. 
‘‘(7) Such other information as the Under Sec-
retary determines is appropriate.’’; 
(5) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) CRITICAL MUNITIONS RESERVE.—(1) For each 
critical munitions program, the Under Secretary of De-
fense for Acquisition and Sustainment shall establish and 
maintain a critical munitions reserve, through which the 
Under Secretary shall procure longest lead sub-compo-
nents, concurrent with year production, to provide the ca-
pability to quickly access the amount of critical munitions 
inventory required for one or more years in order to accel-
erate the delivery of such munitions. 
‘‘(2) A critical munitions reserve under paragraph (1) 
may take the form of a rotable pool to facilitate the timely 
use of critical munitions material while producing suffi-
cient quantities of such material to maintain an ongoing 
reserve of such material. 
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‘‘(3) The Under Secretary of Defense for Acquisition 
and Sustainment shall submit to the congressional defense 
committees quarterly reports on the critical munitions re-
serves maintained under this paragraph, which shall in-
clude the recommendations of the Under Secretary with 
respect to— 
‘‘(A) the management of the critical munition 
reserves, including any recommendations for legisla-
tive changes; and 
‘‘(B) critical munitions components for inclu-
sion in the critical munitions reserves and funding 
requirements for each such component.’’; and 
(6) in subsection (e), as so redesignated, by 
striking paragraph (1) and inserting the following 
new paragraph (1): 
‘‘(1) The term ‘critical munition’ means a mu-
nition that— 
‘‘(A) is considered to be among the most 
important for executing plan objectives in one 
or more conflict scenarios; 
‘‘(B) has an inventory that is insufficient 
to meet the requirements of the national de-
fense strategy under section 113(g) of this title; 
and 
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‘‘(C) has a projected inventory that is fore-
casted to remain insufficient at the end of the 
period covered by the future-years defense pro-
gram most recently submitted to Congress pur-
suant to section 221 of this title.’’. 
(b) REPORT ON CRITICAL MUNITIONS RESERVE.— 
Not later than 90 days after the date of the enactment 
of this Act, the Under Secretary of Defense for Acquisition 
and Sustainment shall submit to the congressional defense 
committees a report on the progress of the Under Sec-
retary in establishing the critical munitions reserves re-
quired by subsection (d) of section 222c of title 10, United 
States Code, as added by subsection (a)(5). 
SEC. 1707. IDENTIFICATION OF SUBCONTRACTORS FOR 
CRITICAL MUNITIONS CONTRACTS. 
(a) IDENTIFICATION
OF
SUBCONTRACTORS.—Not 
later than 210 days after the date of the enactment of 
this Act, the Under Secretary of Defense for Acquisition 
and Sustainment shall carry out a pilot program to estab-
lish a process for identifying subcontractors (at any tier) 
that, on the date on which the process described in sub-
section (a) is implemented— 
(1) are performing one or more critical muni-
tions contracts; and 
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(2)(A) provide products to a prime contractor 
or a higher-tier subcontractor for such prime con-
tractor under such a contract; or 
(B) are responsible for the storage or handling 
of controlled unclassified information under such a 
contract. 
(b) USE
OF FRAMEWORK.—The Under Secretary 
shall, to the extent practicable, use the framework devel-
oped under section 4819 of title 10, United States Code, 
to carry out the pilot program established under this sec-
tion. 
(c) IMPLEMENTATION PLAN.—Not later than 180 
days after the date of the enactment of this Act, the Under 
Secretary shall submit to the congressional defense com-
mittees an implementation plan for the pilot program re-
quired by this section. Such plan shall include the fol-
lowing: 
(1) Information on the practices that will be 
used to apply processes established under the pilot 
program, including an identification of any practices 
used by the Missile Defense Agency or the Strategic 
Capabilities Office that identify subcontractors (at 
any tier) for covered contracts. 
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(2) A list of programs of the Department of 
Defense to which the Under Secretary will apply the 
process established under this section. 
(d) RECOMMENDATIONS.—Not later than 90 days 
after the implementation of the pilot program required by 
this section, the Under Secretary shall submit to the con-
gressional defense committees recommendations on the 
feasibility of expanding, beginning on or after November 
1, 2023, the pilot program established under this section 
to Department of Defense program under which a DO- 
rated order or a DX-rated order may be placed. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered contract’’ means a crit-
ical munitions contract for which a subcontractor (at 
any tier)— 
(A) provides products to a prime con-
tractor or a higher-tier subcontractor for such 
prime contractor; or 
(B) is responsible for the storage or han-
dling of controlled unclassified information. 
(2) The term ‘‘critical munition’’ has the mean-
ing given such term in section 1705 of this Act. 
(3) The term ‘‘critical munitions contract’’ 
means a contract between the Department of De-
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fense and a prime contractor for the procurement of 
critical munitions. 
(4) The term ‘‘DO-rated order’’ means an order 
with a priority rating of ‘‘critical to national de-
fense’’ in the Defense Priorities and Allocation Sys-
tem pursuant to part 700 of title 15, Code of Fed-
eral Regulations (or any successor regulation). 
(5) The term ‘‘DX-rated order’’ means an order 
with a priority rating of ‘‘highest national defense 
urgency’’ in the Defense Priorities and Allocation 
System pursuant to part 700 of title 15, Code of 
Federal Regulations (or any successor regulation). 
SEC. 1708. STUDY ON STOCKPILES AND PRODUCTION OF 
CRITICAL GUIDED MUNITIONS. 
(a) STUDY.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense 
shall complete a study to determine how rapidly stockpiles 
of the United States of critical guided munitions would 
become depleted in the event of the involvement of the 
United States in a large-scale conflict. 
(b) MATTERS.—The study under subsection (a) shall 
include, at a minimum, the following: 
(1) Modeling of the monthly munitions expendi-
ture of the United States in the scenario of a large- 
scale conflict (lasting for a period of at least 180 
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(c) REPORT AND BRIEFING.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the completion of the study under 
subsection (a), the Secretary of Defense shall submit 
to the congressional defense committees a report, 
and provide to the congressional defense committees 
a briefing, on the study. Such report shall contain 
the following: 
(A) A summary of the findings of the 
study. 
(B) Recommendations to expedite the pro-
duction of the munitions specified in subsection 
(b)(3). 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may 
contain a classified annex. 
(d) CRITICAL GUIDED MUNITION.—In this section, 
the term ‘‘critical guided munition’’ means— 
(1) any munition specified in subsection (b)(3); 
and 
(2) any other munition designated as such by 
the Secretary of Defense. 
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SEC. 1709. UKRAINE CRITICAL MUNITIONS ACQUISITION 
FUND. 
(a) ESTABLISHMENT.—There shall be established in 
the Treasury of the United States a revolving fund to be 
known as the ‘‘Ukraine Critical Munitions Acquisition 
Fund’’ (in this section referred to as the ‘‘Fund’’). 
(b) PURPOSE.—Subject to the availability of appro-
priations, amounts in the Fund shall be made available 
by the Secretary of Defense— 
(1) to ensure that adequate stocks of critical 
munitions are available for allies and partners of the 
United States during the war in Ukraine; and 
(2) to finance the acquisition of critical muni-
tions in advance of the transfer of such munitions 
to foreign countries during the war in Ukraine. 
(c) ADDITIONAL AUTHORITY.—Subject to the avail-
ability of appropriations, the Secretary may also use 
amounts made available to the Fund— 
(1) to keep on continuous order munitions that 
the Secretary deems as critical due to a reduction in 
current stocks as a result of the drawdown of stocks 
provided to the government of Ukraine for transfer 
to Ukraine; or 
(2) with the concurrence of the Secretary of 
State, to procure munitions identified as having a 
high use rate during the war in Ukraine. 
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(d) DEPOSITS.— 
(1) IN GENERAL.—The Fund shall consist of 
each of the following: 
(A) Collections from sales made under let-
ters of offer (or transfers made under the For-
eign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.)) of munitions acquired using amounts 
made available from the Fund pursuant to this 
section, representing the value of such items 
calculated, as applicable, in accordance with— 
(i) subparagraph (B) or (C) of section 
21(a)(1) of the Arms Export Control Act 
(22 U.S.C. 2761(a)(1); 
(ii) section 22 of the Arms Export 
Control Act (22 U.S.C. 2762); or 
(iii) section 644(m) of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2403). 
(B) Such amounts as may be appropriated 
pursuant to the authorization under this section 
or otherwise made available for the purposes of 
the Fund. 
(C) Not more than $500,000,000 may be 
transferred to the Fund for any fiscal year, in 
accordance with subsection (e), from amounts 
authorized to be appropriated by this Act for 
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the Department in such amounts as the Sec-
retary determines necessary to carry out the 
purposes of this section, which shall remain 
available until expended. The transfer authority 
provided by this paragraph is in addition to any 
other transfer authority available to the Sec-
retary. 
(2) CONTRIBUTIONS FROM FOREIGN GOVERN-
MENTS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary of Defense may accept 
contributions of amounts to the Fund from any 
foreign government or international organiza-
tion. Any amounts so accepted shall be credited 
to the Ukraine Critical Munitions Acquisition 
Fund and shall be available for use as author-
ized under subsection (b). 
(B) LIMITATION.—The Secretary may not 
accept a contribution under this paragraph if 
the acceptance of the contribution would com-
promise, or appear to compromise, the integrity 
of any program of the Department of Defense. 
(C) NOTIFICATION.—If the Secretary ac-
cepts any contribution under this paragraph, 
the Secretary shall notify the congressional de-
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fense committees, the Committee on Foreign 
Relations of the Senate, and the Committee on 
Foreign Affairs of the House of Representa-
tives. Such notice shall specify the source and 
amount of any contribution so accepted and the 
use of any amount so accepted. 
(e) NOTIFICATION.— 
(1) IN GENERAL.—No amount may be trans-
ferred pursuant to subsection (d)(1)(C) until the 
date that is 15 days after the date on which the Sec-
retary provides to the congressional defense commit-
tees, the Committee on Foreign Affairs of the House 
of Representatives, and the Committee on Foreign 
Relations of the Senate— 
(A) notice in writing of the amount and 
purpose of the proposed transfer; and 
(B) a description of how the Secretary in-
tends to use the munitions acquired under this 
section to meet national defense requirements 
as specified in subsection (f)(1)(A). 
(2) AMMUNITION PURCHASES.—No amounts in 
the Fund may be used to purchase ammunition, as 
authorized by this Act, until the date that is 15 days 
after the date on which the Secretary notifies the 
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congressional defense committees in writing of the 
amount and purpose of the proposed purchase. 
(3) FOREIGN TRANSFERS.—No munition pur-
chased using amounts in the Fund may be trans-
ferred to a foreign country until the date that is 15 
days after the date on which the Secretary notifies 
the congressional defense committees in writing of 
the proposed transfer. 
(f) LIMITATIONS.— 
(1) LIMITATION ON TRANSFER.—No munition 
acquired by the Secretary of Defense using amounts 
made available from the Fund pursuant to this sec-
tion may be transferred to any foreign country un-
less such transfer is authorized by the Arms Export 
Control Act (22 U.S.C. 2751 et seq.), the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or 
other applicable law, except as follows: 
(A) The Secretary of Defense, with the 
concurrence of the Secretary of State, may au-
thorize the use by the Department of Defense 
of munitions acquired under this section prior 
to transfer to a foreign country, if such use is 
necessary to meet national defense require-
ments and the Department bear the costs of re-
placement and transport, maintenance, storage, 
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SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2021 PROJECT. 
In the case of the authorization contained in the table 
in section 2301(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2021 (division B of Public Law 
116–283; 134 Stat. 4299) for Hill Air Force Base, Utah, 
for construction of GBSD Organic Software Sustainment 
Center, the Secretary of the Air Force may construct— 
(1) up to 7,526 square meters of Surface Park-
ing Lot in lieu of constructing a 13,434 square me-
ters vehicle parking garage; and 
(2) up to 402 square meters of Storage Igloo. 
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN 
MILITARY 
CONSTRUCTION 
PROJECTS AT TYNDALL AIR FORCE BASE, 
FLORIDA. 
In the case of the authorization contained in section 
2912(a) of the Military Construction Authorization Act 
for Fiscal Year 2020 (division B of Public Law 116–92; 
133 Stat. 1913) for Tyndall Air Force Base, Florida— 
(1) for construction of Lodging Facilities 
Phases 1-2, as specified in such funding table and 
modified by section 2306(a)(7) of the Military Con-
struction Authorization Act for Fiscal Year 2021 
(division B of Public Law 116–283; 134 Stat. 
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4302), the Secretary of the Air Force may construct 
two emergency backup generators; 
(2) for construction of Dorm Complex Phases 
1-2, as specified in such funding table and modified 
by section 2306(a)(8) of the Military Construction 
Authorization Act for Fiscal Year 2021 (division B 
of Public Law 116–283; 134 Stat. 4302), the Sec-
retary of the Air Force may construct an emergency 
backup generator; 
(3) for construction of Site Development, Utili-
ties, and Demo Phase 2, as specified in such funding 
table and modified by section 2306(a)(6) of the Mili-
tary Construction Authorization Act for Fiscal Year 
2021 (division B of Public Law 116–283; 134 Stat. 
4302), the Secretary of the Air Force may con-
struct— 
(A) up to 6,248 lineal meters of storm 
water utilities; 
(B) up to 55,775 square meters of roads; 
(C) up to 4,334 lineal meters of gas pipe-
line; and 
(D) up to 28,958 linear meters of elec-
trical; 
(4) for construction of Tyndall AFB Gate Com-
plex, as specified in such funding table and modified 
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