I 

114TH CONGRESS 

2D SESSION H. R. 4964 

To amend title 10, United States Code, to provide for the rapid acquisition 

of directed energy weapons systems by the Department of Defense, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2016 

Mr. LAMBORN (for himself and Mr. LANGEVIN) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to provide for the 

rapid acquisition of directed energy weapons systems by 

the Department of Defense, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Directed Energy 

5 Weapon Systems Acquisition Act of 2016’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The Committee on Armed Services of the 

9 Senate noted in the report accompanying S. 1356 


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1 (S. Rept. 114–49; 114th Congress) that since 1960, 

2 the Department of Defense has invested more than 

3 $6,000,000,000 in directed energy science and tech4 nology initiatives, and that the Committee is con5 cerned that, despite this significant investment, the 

6 Department’s directed energy initiatives are not 

7 resourced at levels necessary to transition them to 

8 full-scale acquisition programs. 

9 (2) The Defense Science Board Task Force on 

10 Directed Energy Weapon Systems and Technology 

11 Applications (the ‘‘Task Force’’) found that ‘‘di12 rected energy offers promise as a transformational 

13 ‘game changer’ in military operations, able to aug14 ment and improve operational capabilities in many 

15 areas’’. 

16 (3) Despite this potential, years of investment 

17 have not resulted in any operational systems with 

18 high energy laser capability. 

19 (4) The Task Force believes that the range of 

20 potential application is sufficient to warrant signifi21 cantly increased attention to the scope and direction 

22 of efforts to assess, develop, and field appropriate 

23 laser, microwave, and millimeter wave weapons. 


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1 SEC. 3. INCLUSION OF DIRECTED ENERGY WEAPON SYS2 TEM PROGRAMS IN THE RAPID ACQUISITION 

3 AUTHORITY PROGRAM. 

4 (a) IN GENERAL.—Section 806(c)(1) of the Bob 

5 Stump National Defense Authorization Act for Fiscal 

6 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note) 

7 is amended by adding at the end the following new sub8 paragraph: 

9 ‘‘(D)(i) In the case of any supplies and associ10 ated support services that, as determined in writing 

11 by the Secretary of Defense without delegation, are 

12 urgently needed to eliminate a deficiency in directed 

13 energy weapon systems, the Secretary may use the 

14 procedures developed under this section in order to 

15 accomplish the rapid acquisition and deployment of 

16 needed offensive or defensive directed energy weapon 

17 systems capabilities, supplies, and associated support 

18 services. 

19 ‘‘(ii) For the purposes of directed energy weap20 on systems acquisition, the Secretary of Defense 

21 shall consider use of the following procedures: 

22 ‘‘(I) The rapid acquisition authority pro23 vided under this section. 

24 ‘‘(II) Use of other transactions authority 

25 provided under section 2371 of title 10, United 

26 States Code. 


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1 ‘‘(III) The acquisition of commercial items 

2 using simplified acquisition procedures. 

3 ‘‘(IV) The authority for procurement for 

4 experimental purposes provided under section 

5 2373 of title 10, United States Code. 

6 ‘‘(iii) In this subparagraph, the term ‘directed 

7 energy weapon system’ means military action involv8 ing the use of directed energy to incapacitate, dam9 age, or destroy enemy equipment, facilities, or per10 sonnel.’’. 

11 (b) CONFORMING AMENDMENTS.—Section 2373 of 

12 title 10, United States Code, is amended— 

13 (1) in subsection (a), by striking ‘‘and aero14 nautical supplies’’ and inserting ‘‘, aeronautical sup15 plies, and directed energy weapon systems’’; and 

16 (2) by adding at the end of the following new 

17 subsection: 

18 ‘‘(c) DIRECTED ENERGY WEAPON SYSTEM DE19 FINED.—In this section, the term ‘directed energy weapon 

20 system’ means military action involving the use of directed 

21 energy to incapacitate, damage, or destroy enemy equip22 ment, facilities, or personnel.’’. 

23 SEC. 4. JOINT DIRECTED ENERGY PROGRAM OFFICE. 

24 (a) REDESIGNATION.—The High Energy Laser Joint 

25 Technology Office of the Department of Defense is hereby 


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1 redesignated as the ‘‘Joint Directed Energy Program Of2 fice’’ (in this section referred to as the ‘‘Office’’). 

3 (b) STRATEGIC PLAN FOR DEVELOPMENT AND

4 TRANSITION OF DIRECTED ENERGY WEAPONS CAPABILI5 TIES TOWARD FIELDING.—In addition to the functions 

6 and duties of the Office in effect on the day before the 

7 date of the enactment of this Act, the Office shall develop 

8 a strategic plan for development and transition of directed 

9 energy weapons capabilities toward fielding for the De10 partment, in which the Office may define requirements for 

11 directed energy capabilities that address the highest pri12 ority warfighting capability gaps of the Department. 

13 (c) ACCELERATION OF DEVELOPMENT AND TRANSI14 TION OF DIRECTED ENERGY WEAPONS CAPABILITIES TO15 WARD FIELDING.— 

16 (1) IN GENERAL.—To the degree practicable, 

17 the Office shall use the policies of the Department 

18 that are revised pursuant to this Act and new acqui19 sition and management practices established pursu20 ant to this Act to accelerate the development and 

21 transition of directed energy capabilities toward 

22 fielding. 

23 (2) ENGAGEMENT.—The Secretary shall ensure 

24 that use of policies and practices described in para25 graph (1) include engagement with defense and priVerDate Sep 11 2014 20:53 Apr 22, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4964.IH H4964

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1 vate industries, research universities, and unaffili2 ated, nonprofit research institutions. 

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