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Code · STATUTE-COMPILATIONS · James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 · Sec. 1701

Sec. 1701. ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR MUNITIONS

1,116 words·~5 min read·/statute-compilations/comps-17475/sec-1701

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## SEC. 1701 ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR MUNITIONS ###
(a)Briefing on Fulfillment of Munitions Requirements 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 provide to the congressional defense committees a briefing regarding the current process for fulfilling the requirements of section 222c of title 10, United States Code, including a description of the timeliness of the process and any standardization of such process across the Department of Defense. ###
(b)Briefing on Revision of Requirements 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 provide to the congressional defense committees a briefing regarding the timeline for revision of munitions requirements generated by section 222c of title 10, United States Code as a result of actions taken in response to the conflict in Ukraine. ###
(c)Additional Report Requirements on Out-Year Unconstrained Total Munitions Requirements and Out-Year Inventory Numbers Section 222c of title 10, United States Code, is amended— ####
(1)in subsection (c), by adding at the end the following new paragraph: > > #### “(8) > > Requirement for Protracted Warfare Scenarios, calculated by doubling the duration of each applicable operation plan.” > ; ####
(2)by redesignating subsection
(e)as subsection (f); and ####
(3)by inserting after subsection
(d)the following new subsection: > > ### “(e) Additional Requirements > > Each report required under subsection
(a)shall include the following: > > > #### “(1) > > 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. > > > #### “(2) > > The average rate of procurement during the three-year period preceding the date of the submission of the report, and the number of years required to meet the Out-Year Unconstrained Total Munitions Requirement at such three-year average rate. > > > #### “(3) > > 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.” > . ###
(d)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: > > ## “SEC. 222d Annual report on industrial base constraints for munitions > > **[**[10 U.S.C. 222d](/us/usc/t10/s222d)**]** > > > ### “(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 of each military department, shall submit to the congressional defense committees a report detailing 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, broken down 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 Out-Year Unconstrained Total Munitions Requirement in section 222c of this title under the programmed purchase quantities established for the period covered by the report. > > > #### “(7) > > A description of industrial base constraints on increased production of each munition, including any supply chain weaknesses. > > > #### “(8) > > A description of investments or policy changes made by a defense contractor or by the United States Government to increase production, enable more efficient production, or mitigate significant loss of stability in potential production. > > > #### “(9) > > A description of potential investments or policy changes identified by a defense contractor or the United States Government to increase munitions production, enable more efficient production, or mitigate significant loss of stability in potential production, including— > > > ##### “(A) > > direct investments in test and tooling equipment, workforce development, or improvements to existing production facilities; > > > ##### “(B) > > a pool of rotable critical components or subcomponents for munitions; > > > ##### “(C) > > multiyear contracts or other contracting strategies; > > > ##### “(D) > > direct investments in components, subcomponents, or raw materials commonly used across the industrial base; > > > ##### “(E) > > direct investments in additive manufacturing or expeditionary manufacturing capabilities; > > > ##### “(F) > > direct investments in simplification of supply chains; and > > > ##### “(G) > > direct investments in technologies or methods to enable increased scalability and reduced complexity of production processes for current or future munitions. > > > #### “(10) > > A list of each contract for a munition with a priority rating of ‘critical to national defense’ (commonly referred to as a ‘DO-rated order’) or a priority rating of ‘highest national defense urgency’ (commonly referred to as a ‘DX-rated order’) in the Defense Priorities and Allocation System pursuant to part 700 of title 15, Code of Federal Regulations (or any successor regulation). > > > #### “(11) > > A prioritized list of munitions judged to have high value for export for which additional investments would be necessary to enable export, including a description of such investments required. > > > #### “(12) > > A list of munitions subject to the requirements of chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) relating to foreign military sales that are anticipated to be exported based on developments in the conflict in Ukraine. > > > ### “(c) Munition Defined > > In this section, the term ‘munition’ has the meaning given by the Under Secretary of Defense for Acquisition.” > . ####
(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.” ".
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Sec. 1701
ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR MUNITIONS
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