[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S3005-S3006]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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

[[Page S3006]]

     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.
                                 ______