II 117th CONGRESS 2d Session S. 5034 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. 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. I Emergency funding to increase munitions and ammunition production and expand industrial base production capacity and responsiveness 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. 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. 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. 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. 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. 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. II Other matters 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. 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: 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. . 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.