I 118th CONGRESS 1st Session H. R. 5753 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. Funding Indo-Pacific Readiness and Enhancing Stockpiles Fund to deter the Chinese Communist Party (a) Establishment There is established in the Treasury a fund to be known as the Funding Indo-Pacific Readiness and Enhancing Stockpiles Fund or the FIRES Fund (hereafter in this section referred to as the Fund ). There shall be deposited into the Fund amounts transferred under subsection (c), which shall be used only for the purposes specified in subsection (d). (b) Control of the Fund The Fund shall be under the control of the Secretary of Defense acting in consultation with the Under Secretary of Defense for Acquisition and Sustainment. (c) Transfer of expired amounts (1) In general Subject to paragraph (2), the Secretary of Defense shall transfer into the Fund any amounts previously appropriated for to the Department of Defense for procurement; research, development, test, and evaluation; operation and maintenance; or military personnel that are unobligated on the last day of the fifth fiscal year after the period of availability for obligation of such amounts ends pursuant to section 1552 of title 31, United States Code. (2) Treatment of certain unobligated funds In carrying out paragraph (1), the Secretary of Defense may elect to use all or a portion of unobligated amounts previously appropriated for military personnel or operation and maintenance— (A) for transfers to the Foreign Currency Fluctuations Account in accordance with section 2779(d) of title 10, United States Code; or (B) for transfers to the Fund. (d) Use of Funds Subject to subsections (e) through (h), monies deposited into the Fund shall be available, without fiscal year limitation, for expenditure. Funds deposited into the account as designated in subsection (c) of this section shall be made available, without fiscal year limitation, for expenditures only for advancing the following purposes: (1) The production of munitions, the expansion of munitions production capacity, and the construction of facilities for the production, storage, and transport of munitions, including government-owned munitions facilities specializing in solid rocket motor production, prioritizing weapons platforms identified in the reports submitted under section 1251(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note), in concurrence with the Commander of the United States Indo-Pacific Command. (2) Shipbuilding and conversion, associated facilities, and programs in support of section 1025 of the National Defense Authorization Act for Fiscal Year 2018 ( 10 U.S.C. 7291 note). (3) Within the Indo-Pacific Theater, expeditionary air base infrastructure, forward arming and refueling sites, facilities enabling the pre-positioning of military stocks and logistics capabilities, and installations to support Navy vessel mobility. (e) Reservation Not less than 10 percent of amounts deposited into the Fund shall be used for loans or grants to, or contracts with nontraditional defense contractors and small- and medium-sized businesses. (f) Contract authorities To carry out the purposes of this section, the Secretary may, in addition to any other authorities provided under law— (1) use other transactional authorities described in sections 4021 and 4022 of title 10, United States Code; and (2) enter into multiyear contracts in accordance with section 3501 of such title. (g) Congressional notice and approval of contracts No contract may be entered into using amounts in the Fund until— (1) the Secretary of Defense submits to the congressional defense committees written notice of the intent to enter into such contract; and (2) a period of 15 days has elapsed following the date of the submittal of such notice. (h) Return of expired amounts Any amounts transferred to the Fund under subsection (c) that are unobligated on the date that is 10 years after the date of such transfer shall be returned to the general fund of the Treasury. (i) Reports (1) Reports on transfers and expenditures Not later than 90 days after the first transfer of amounts to the Fund under subsection (c), and not less frequently than once every 180 days thereafter, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on expenditures made from the Fund. Each report shall identify— (A) the amount and source of any appropriations transferred to the Fund under subsection (c); (B) the specific expenditures for which such amounts were used after such transfer; and (C) the balance of funds remaining in the Fund. (2) Reports on expired amounts On a quarterly basis, the Secretary of Defense shall submit to the congressional defense committees a report identifying any amounts described in subsection (c)— (A) that are available and have not yet been transferred to the Fund; or (B) that are expected to become available for transfer to the fund, regardless of when such availability is expected to occur. (3) GAO review and verification Not later than 30 days after the submittal of each report described in paragraphs (1) and (2), the Comptroller General of the United States shall— (A) review and verify the information contained the report; and (B) submit to the congressional defense committees a report on the results of such review and verification. (j) Congressional defense committees defined In this section, the term congressional defense committees has the meaning given such term in section 101 of title 10, United States Code.