[Congressional Record Volume 163, Number 147 (Tuesday, September 12, 2017)]
[Senate]
[Page S5235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 991. Mr. PORTMAN (for himself and Mr. Brown) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 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:

       Strike section 212 and insert the following:

     SEC. 212. CODIFICATION AND ENHANCEMENT OF AUTHORITIES TO 
                   PROVIDE FUNDS FOR DEFENSE LABORATORIES FOR 
                   RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR 
                   MILITARY MISSIONS.

       (a) In General.--Chapter 139 of title 10, United States 
     Code, is amended by inserting after section 2362 the 
     following new section:

     ``Sec. 2363. Mechanisms to provide funds for defense 
       laboratories for research and development of technologies 
       for military missions

       ``(a) Mechanisms to Provide Funds.--(1) The Secretary of 
     Defense, in consultation with the Secretaries of the military 
     departments, shall establish mechanisms under which the 
     director of a defense laboratory may use an amount of funds 
     equal to not less than two percent and not more than four 
     percent of all funds available to the defense laboratory for 
     the following purposes:
       ``(A) To fund innovative basic and applied research that is 
     conducted at the defense laboratory and supports military 
     missions.
       ``(B) To fund development programs that support the 
     transition of technologies developed by the defense 
     laboratory into operational use.
       ``(C) To fund workforce development activities that improve 
     the capacity of the defense laboratory to recruit and retain 
     personnel with necessary scientific and engineering expertise 
     that support military missions.
       ``(D) To fund the repair or minor military construction of 
     the laboratory infrastructure and equipment, in accordance 
     with subsection (b).
       ``(2) The mechanisms established under paragraph (1) shall 
     provide that funding shall be used under paragraph (1) at the 
     discretion of the director of a defense laboratory in 
     consultation with the science and technology executive of the 
     military department concerned.
       ``(3) After consultation with the science and technology 
     executive of the military department concerned, the director 
     of a defense laboratory may charge customer activities a 
     fixed percentage fee, in addition to normal costs of 
     performance, in order to obtain funds to carry out activities 
     authorized by this subsection. The fixed fee may not exceed 
     four percent of costs.
       ``(b) Availability of Funds for Infrastructure Projects.--
     Funds shall be available in accordance with subsection 
     (a)(1)(D) only if--
       ``(1) the Secretary notifies the congressional defense 
     committees of the total cost of the project before the date 
     on which the Secretary uses the mechanism under such 
     subsection for such project; and
       ``(2) the Secretary ensures that the project complies with 
     the applicable cost limitations in--
       ``(A) section 2805(d) of this title, with respect to 
     revitalization and recapitalization projects; and
       ``(B) section 2811 of this title, with respect to repair 
     projects.
       ``(c) Annual Report on Use of Authority.--Not later than 
     March 1 of each year, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the use 
     of the authority under subsection (a) during the preceding 
     year.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 139 of such title is amended by 
     inserting after the item relating to section 2362 the 
     following new item:

``2363. Mechanisms to provide funds for defense laboratories for 
              research and development of technologies for military 
              missions.''.

       (c) Conforming Amendments.--(1) Section 219 of the Duncan 
     Hunter National Defense Authorization Act for Fiscal Year 
     2009 (Public Law 110-417; 10 U.S.C. 2358 note), is hereby 
     repealed.
       (2) Section 2805(d)(1)(B) of title 10, United States Code, 
     is amended by striking ``under section 219(a) of the Duncan 
     Hunter National Defense Authorization Act for Fiscal Year 
     2009 (Public Law 110-417; 10 U.S.C. 2358 note)'' and 
     inserting ``section 2363(a) of this title''.

     SEC. 213. ANNUAL REPORT ON UNFUNDED REQUIREMENTS FOR 
                   LABORATORY MILITARY CONSTRUCTION PROJECTS.

       The Under Secretary of Defense for Research and Engineering 
     shall submit to the congressional defense committees each 
     year, at the time the budget of the President for the fiscal 
     year beginning in such year is submitted to Congress under 
     section 1105(a) of title 31, United States Code, a reporting 
     listing unfunded requirements on major and minor military 
     construction projects for Department of Defense science and 
     technology laboratories and facilities and test evaluation 
     facilities.
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