[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2778 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2778

    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 SENATE OF THE UNITED STATES

                             April 12, 2016

  Mr. Heinrich (for himself and Mr. Inhofe) introduced the following 
   bill; which was read twice and 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Directed Energy Weapon Systems 
Acquisition Act of 2016''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Committee on Armed Services of the Senate noted in 
        the report accompanying S. 1356 (S. Rept. 114-49; 114th 
        Congress) that since 1960, the Department of Defense has 
        invested more than $6,000,000,000 in directed energy science 
        and technology initiatives, and that the Committee is concerned 
        that, despite this significant investment, the Department's 
        directed energy initiatives are not resourced at levels 
        necessary to transition them to full-scale acquisition 
        programs.
            (2) The Defense Science Board Task Force on Directed Energy 
        Weapon Systems and Technology Applications (the ``Task Force'') 
        found that ``directed energy offers promise as a 
        transformational `game changer' in military operations, able to 
        augment and improve operational capabilities in many areas''.
            (3) Despite this potential, years of investment have not 
        resulted in any operational systems with high energy laser 
        capability.
            (4) The Task Force believes that the range of potential 
        application is sufficient to warrant significantly increased 
        attention to the scope and direction of efforts to assess, 
        develop, and field appropriate laser, microwave, and millimeter 
        wave weapons.

SEC. 3. INCLUSION OF DIRECTED ENERGY WEAPON SYSTEM PROGRAMS IN THE 
              RAPID ACQUISITION AUTHORITY PROGRAM.

    (a) In General.--Section 806(c)(1) of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 
U.S.C. 2302 note) is amended by adding at the end the following new 
subparagraph:
            ``(D)(i) In the case of any supplies and associated support 
        services that, as determined in writing by the Secretary of 
        Defense without delegation, are urgently needed to eliminate a 
        deficiency in directed energy weapon systems, the Secretary may 
        use the procedures developed under this section in order to 
        accomplish the rapid acquisition and deployment of needed 
        offensive or defensive directed energy weapon systems 
        capabilities, supplies, and associated support services.
            ``(ii) For the purposes of directed energy weapon systems 
        acquisition, the Secretary of Defense shall consider use of the 
        following procedures:
                    ``(I) The rapid acquisition authority provided 
                under this section.
                    ``(II) Use of other transactions authority provided 
                under section 2371 of title 10, United States Code.
                    ``(III) The acquisition of commercial items using 
                simplified acquisition procedures.
                    ``(IV) The authority for procurement for 
                experimental purposes provided under section 2373 of 
                title 10, United States Code.
            ``(iii) In this subparagraph, the term `directed energy 
        weapon system' means military action involving the use of 
        directed energy to incapacitate, damage, or destroy enemy 
        equipment, facilities, or personnel.''.
    (b) Conforming Amendments.--Section 2373 of title 10, United States 
Code, is amended--
            (1) in subsection (a), by striking ``and aeronautical 
        supplies'' and inserting ``, aeronautical supplies, and 
        directed energy weapon systems''; and
            (2) by adding at the end the following new subsection:
    ``(c) Directed Energy Weapon System Defined.--In this section, the 
term `directed energy weapon system' means military action involving 
the use of directed energy to incapacitate, damage, or destroy enemy 
equipment, facilities, or personnel.''.

SEC. 4. JOINT DIRECTED ENERGY PROGRAM OFFICE.

    (a) Redesignation.--The High Energy Laser Joint Technology Office 
of the Department of Defense is hereby redesignated as the ``Joint 
Directed Energy Program Office'' (in this section referred to as the 
``Office'').
    (b) Strategic Plan for Development and Transition of Directed 
Energy Weapons Capabilities Toward Fielding.--In addition to the 
functions and duties of the Office in effect on the day before the date 
of the enactment of this Act, the Office shall develop a strategic plan 
for development and transition of directed energy weapons capabilities 
toward fielding for the Department, in which the Office may define 
requirements for directed energy capabilities that address the highest 
priority warfighting capability gaps of the Department.
    (c) Acceleration of Development and Transition of Directed Energy 
Weapons Capabilities Toward Fielding.--
            (1) In general.--To the degree practicable, the Office 
        shall use the policies of the Department that are revised 
        pursuant to this Act and new acquisition and management 
        practices established pursuant to this Act to accelerate the 
        development and transition of directed energy capabilities 
        toward fielding.
            (2) Engagement.--The Secretary shall ensure that use of 
        policies and practices described in paragraph (1) include 
        engagement with defense and private industries, research 
        universities, and unaffiliated, nonprofit research 
        institutions.
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