S.Amdt. 828

SA 828. Mr. BROWN (for himself and Mr. Cotton) submitted an amendment
intended to be proposed by him to the bill S. 2226, to authorize
appropriations for fiscal year 2024 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in title II, insert the following:

SEC. 2__. RAPID RESPONSE TO EMERGENT TECHNOLOGY ADVANCEMENTS
OR THREATS.

(a) Authorities.--Upon approval by the Secretary of Defense
of a determination described in subsection (b), the Secretary
of a military department may use the rapid acquisition and
funding authorities established pursuant to section 3601 of
title 10, United States Code, to initiate urgent or emerging
operational development activities for a period of up to one
year, in order to--
(1) leverage an emergent technological advancement of value
to the national defense to address a specific need of a
military department; or
(2) provide a rapid response to an emerging threat
identified by a military department.
(b) Determination.--A determination described in this
subsection is a determination by the Secretary of a military
department submitted in writing to the Secretary of Defense
that provides the following:
(1) Identification of a compelling urgent or emergency
national security need to immediately initiate development
activity in anticipation of a programming or budgeting
action, in order to leverage an emergent technological
advancement or provide a rapid response to an emerging
threat.
(2) Justification for why the effort cannot be delayed
until the next submission of the budget of the President
(under section 1105(a) of title 31, United States Code)
without harming the national defense.
(3) Funding is identified for the effort in the current
fiscal year to initiative the activity.
(4) An appropriate acquisition pathway and programmed
funding for transition to continued development, integration,
or sustainment is identified to on-ramp this activity within
two years.
(c) Additional Procedures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
amend the procedures for the rapid acquisition and deployment
of capabilities needed in response to urgent operational
needs prescribed pursuant to such section 3601 to carry out
this section.
(2) Requirements to be included.--The procedures amended
under paragraph (1) shall include the following requirements:
(A) Funding.--(i) Subject to clause (ii), in any fiscal
year in which a determination described in subsection (b) is
made, the Secretary of the military department making the
determination may initiate the activities authorized under
subsection (a) using any funds available to the Secretary for
such fiscal year for--
(I) procurement; or
(II) research, development, test, and evaluation.
(ii) The total cost of all developmental activities within
the Department of Defense, funded under this section, may not
exceed $100,000,000 for any fiscal year.
(B) Waiver authority.--(i) Subject to clause (ii), the
Secretary of the military department making a determination
under subsection (b) may issue a waiver under subsection (d)
of such section 3601.
(ii) Chapter 221 of title 10, United States Code, may not
be waived pursuant to clause (i).
(C) Transition.--(i) Any acquisition initiated under
subsection (a) shall transition to an appropriate acquisition
pathway for transition and integration of the development
activity, or be transitioned to a newly established program
element or procurement line for completion of such activity.
(ii)(I) Transition shall be completed within one year of
initiation, but may be extended one time only at the
discretion of the Secretary of the military department for
one additional year.
(II) In the event an extension determination is made under
subclause (I), the affected Secretary of the military
department shall

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submit to the congressional defense committees, not later
than 30 days before the extension takes effect, notification
of the extension with a justification for the extension.
(3) Submittal to congress.--Concurrent with promulgation to
the Department of the amendments to the procedures under
paragraph (1), the Secretary shall submit to the
congressional defense committees the procedures update by
such amendments.
(d) Congressional Notification.--Within 15 days after the
Secretary of Defense approves a determination described in
subsection (b), the Secretary of the military department
making the determination shall provide written notification
of such determination to the congressional defense committees
following the procedures for notification in subsections
(c)(4)(D) and (c)(4)(F) of such section 3601. A notice under
this subsection shall be sufficient to fulfill any
requirement to provide notification to Congress for a new
start program.
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