I 

108TH CONGRESS 

2D SESSION H. R. 4323

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

to the Secretary of Defense to respond to combat emergencies. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2004

Mr. HUNTER (for himself, Mr. SKELTON, and Mr. TOM DAVIS of Virginia) 

introduced the following bill; which was referred to the Committee on 

Armed Services 

A BILL

To amend title 10, United States Code, to provide rapid 

acquisition authority to the Secretary of Defense to respond to combat emergencies.

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

3 SECTION 1. RAPID ACQUISITION AUTHORITY TO RESPOND 

4 TO COMBAT EMERGENCIES. 

5 (a) IN GENERAL.—Chapter 141 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new section:
2

•HR 4323 IH 

1 ‘‘§ 2410p. Rapid acquisition authority to respond to 

2 combat emergencies 

3 ‘‘(a) RAPID ACQUISITION AUTHORITY.—The Sec4 retary of Defense may rapidly acquire, in accordance with 

5 this section, equipment needed by a combatant com6 mander to eliminate a combat capability deficiency that 

7 has resulted in combat fatalities. 

8 ‘‘(b) PROCESS FOR RAPID ACQUISITION.—Not later 

9 than 30 days after the date of the enactment of this sec10 tion, the Secretary of Defense shall develop a process for 

11 the rapid acquisition authority provided by subsection (a) 

12 and submit to Congress a detailed explanation of the proc13 ess, including procedures to be followed in carrying out 

14 the process. The process shall provide for the following: 

15 ‘‘(1) A requirement that the process may be 

16 used only to acquire the minimum amount of equip17 ment needed until the needs of the combatant com18 mander can be fulfilled under existing acquisition 

19 statutes, policies, directives, and regulations. 

20 ‘‘(2) A goal of awarding a contract for the 

21 equipment within 15 days after receipt of a request 

22 from a commander. 

23 ‘‘(3) In a case in which the equipment cannot 

24 be acquired without an extensive delay, a require25 ment for an interim solution to minimize the combat 
3

•HR 4323 IH 

1 capability deficiency and combat fatalities until the 

2 equipment can be acquired. 

3 ‘‘(4) Waiver of the applicability of all policies, 

4 directives, and regulations related to—

5 ‘‘(A) the establishment of the requirement 

6 for the equipment; 

7 ‘‘(B) the research, development, test, and 

8 evaluation of the equipment; and 

9 ‘‘(C) the solicitation and selection of 

10 sources, and the award of the contract, for pro11 curement of the equipment. 

12 ‘‘(5) Such other procedures or requirements as 

13 the Secretary considers appropriate. 

14 ‘‘(c) WAIVER OF CERTAIN STATUTES.—For purposes 

15 of exercising the authority provided by subsection (a) with 

16 respect to equipment, laws relating to the following shall 

17 not apply: 

18 ‘‘(A) The establishment of the requirement for 

19 the equipment. 

20 ‘‘(B) The research, development, test, and eval21 uation of the equipment. 

22 ‘‘(C) The solicitation and selection of sources, 

23 and the award of the contract, for procurement of 

24 the equipment. 
4

•HR 4323 IH 

1 ‘‘(d) LIMITATIONS.—The rapid acquisition authority 

2 provided by subsection (a) may be used only—

3 ‘‘(1) after the Secretary of Defense, without 

4 delegation, determines in writing that there exists a 

5 combat capability deficiency that has resulted in 

6 combat fatalities; and 

7 ‘‘(2) to acquire equipment in an amount aggre8 gating not more than $100,000,000 during a fiscal 

9 year. 

10 ‘‘(e) SOURCE OF FUNDS.—For acquisitions under 

11 this section to be made during any fiscal year, the Sec12 retary may use any funds made available to the Depart13 ment of Defense for that fiscal year. 

14 ‘‘(f) NOTIFICATION TO CONGRESS AFTER EACH USE

15 OF AUTHORITY.—The Secretary of Defense shall notify 

16 the congressional defense committees within 15 days after 

17 each use of the authority provided by subsection (a). Each 

18 such notice shall identify the equipment to be acquired, 

19 the amount to be expended for such acquisition, and the 

20 source of funds for such acquisition. 

21 ‘‘(g) COMBATANT COMMANDER.—In this section, the 

22 term ‘combatant commander’ means the commander of a 

23 unified combatant command with authority for the con24 duct of operations in a specific area of responsibility or 
5

•HR 4323 IH 

1 who otherwise has authority to conduct operations at the 

2 direction of the President or Secretary of Defense.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by adding 

5 at the end the following new item:

‘‘2410p. Rapid acquisition authority to respond to combat emergencies.’’.

Æ