Sec. 229. RAPID RESPONSE TO EMERGENT TECHNOLOGY ADVANCEMENTS OR THREATS
733 words·~3 min read·
/statute-compilations/comps-17632/sec-229A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 229 RAPID RESPONSE TO EMERGENT TECHNOLOGY ADVANCEMENTS OR THREATS **[**[10 U.S.C. 3601 note](/us/usc/t10/s3601)**]** ###
(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 military service-specific need; or ####
(2)provide a rapid response to an emerging threat identified by a military service. ###
(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 initiate 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. Such updated procedures shall be provided to the congressional defense committees concurrently with the promulgation to the rest of the Department of Defense. ####
(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 submit to the congressional defense committees, not later than 30 days before the extension takes effect, written 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 updated 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.
Connectionstraces to 1
Citation graph
cites case law
Sec. 229
RAPID RESPONSE TO EMERGENT TECHNOLOGY ADVANCEMENTS OR THREATS
Cites 1Cited by 0 across 0 sources