[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 755. 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 new start 
     development activities, up to a preliminary design review 
     level of maturity, in order to--
       (1) leverage an emergent technological advancement of value 
     to the national defense; or
       (2) provide a rapid response to an emerging threat.
       (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) There is a compelling national security need to 
     immediately initiate development activity up to a preliminary 
     design review level of maturity, in order to leverage an 
     emergent technological advancement or provide a rapid 
     response to an emerging threat.
       (2) 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.
       (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 
     procurement or research, development, test, and evaluation 
     for such fiscal year.
       (ii) The total cost of all developmental activities within 
     the Department of Defense, funded under this section, may not 
     exceed $300,000,000 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.--Any acquisition initiated under subsection 
     (a) shall transition to an acquisition pathway after 
     completion and approval of a preliminary design review or its 
     functional equivalent.
       (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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