SECTION 1. RAPID ACQUISITION AUTHORITY TO RESPOND
TO COMBAT EMERGENCIES.
(a) IN GENERAL.—Chapter 141 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 2410p. Rapid acquisition authority to respond to
combat emergencies
‘‘(a) RAPID ACQUISITION AUTHORITY.—The Sec-
retary of Defense may rapidly acquire, in accordance with
this section, equipment needed by a combatant com-
mander to eliminate a combat capability deficiency that
has resulted in combat fatalities.
‘‘(b) PROCESS FOR RAPID ACQUISITION.—Not later
than 30 days after the date of the enactment of this sec-
tion, the Secretary of Defense shall develop a process for
the rapid acquisition authority provided by subsection (a)
and submit to Congress a detailed explanation of the proc-
ess, including procedures to be followed in carrying out
the process. The process shall provide for the following:
‘‘(1) A requirement that the process may be
used only to acquire the minimum amount of equip-
ment needed until the needs of the combatant com-
mander can be fulfilled under existing acquisition
statutes, policies, directives, and regulations.
‘‘(2) A goal of awarding a contract for the
equipment within 15 days after receipt of a request
from a commander.
‘‘(3) In a case in which the equipment cannot
be acquired without an extensive delay, a require-
ment for an interim solution to minimize the combat
capability deficiency and combat fatalities until the
equipment can be acquired.
‘‘(4) Waiver of the applicability of all policies,
directives, and regulations related to—
‘‘(A) the establishment of the requirement
for the equipment;
‘‘(B) the research, development, test, and
evaluation of the equipment; and
‘‘(C) the solicitation and selection of
sources, and the award of the contract, for pro-
curement of the equipment.
‘‘(5) Such other procedures or requirements as
the Secretary considers appropriate.
‘‘(c) WAIVER OF CERTAIN STATUTES.—For purposes
of exercising the authority provided by subsection (a) with
respect to equipment, laws relating to the following shall
not apply:
‘‘(A) The establishment of the requirement for
the equipment.
‘‘(B) The research, development, test, and eval-
uation of the equipment.
‘‘(C) The solicitation and selection of sources,
and the award of the contract, for procurement of
the equipment.
‘‘(d) LIMITATIONS.—The rapid acquisition authority
provided by subsection (a) may be used only—
‘‘(1) after the Secretary of Defense, without
delegation, determines in writing that there exists a
combat capability deficiency that has resulted in
combat fatalities; and
‘‘(2) to acquire equipment in an amount aggre-
gating not more than $100,000,000 during a fiscal
year.
‘‘(e) SOURCE OF FUNDS.—For acquisitions under
this section to be made during any fiscal year, the Sec-
retary may use any funds made available to the Depart-
ment of Defense for that fiscal year.
‘‘(f) NOTIFICATION TO CONGRESS AFTER EACH USE
OF AUTHORITY.—The Secretary of Defense shall notify
the congressional defense committees within 15 days after
each use of the authority provided by subsection (a). Each
such notice shall identify the equipment to be acquired,
the amount to be expended for such acquisition, and the
source of funds for such acquisition.
‘‘(g) COMBATANT COMMANDER.—In this section, the
term ‘combatant commander’ means the commander of a
unified combatant command with authority for the con-
duct of operations in a specific area of responsibility or
who otherwise has authority to conduct operations at the
direction of the President or Secretary of Defense.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2410p. Rapid acquisition authority to respond to combat emergencies.’’.
Passed the House of Representatives June 14, 2004.
Attest:
Clerk.