[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4323 Referred in Senate (RFS)]







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 respond to combat emergencies.

    Be it enacted by the Senate and House of Representatives 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 following new section:
``Sec. 2410p. Rapid acquisition authority to respond to combat 
              emergencies
    ``(a) Rapid Acquisition Authority.--The Secretary of Defense may 
rapidly acquire, in accordance with this section, equipment needed by a 
combatant commander 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 section, 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 
process, 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 equipment needed until the needs 
        of the combatant commander 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 requirement 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 procurement 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 evaluation 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 aggregating 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 Secretary may use any funds made 
available to the Department 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 conduct 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.