IIB 
108TH CONGRESS 
2D SESSION 
H. R. 4323 
IN THE SENATE OF THE UNITED STATES 
JUNE 15, 2004 
Received; read twice and referred to the Committee on Armed Services 
AN ACT 
To amend title 10, United States Code, to provide rapid 
acquisition authority to the Secretary of Defense to re-
spond to combat emergencies. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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: 
JEFF TRANDAHL, 
Clerk.