[Congressional Record Volume 150, Number 81 (Monday, June 14, 2004)]
[House]
[Pages H3900-H3902]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING RAPID ACQUISITION AUTHORITY TO SECRETARY OF DEFENSE TO
RESPOND TO COMBAT EMERGENCIES
Mr. HUNTER. Mr. Speaker, I move to suspend the rules and pass the
bill (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.
The Clerk read as follows:
H.R. 4323
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Hunter) and the gentleman from Washington (Mr. Larsen)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Hunter).
General Leave
Mr. HUNTER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. HUNTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, on April 21, 2004, the Committee on Armed Services held
an open hearing on the performance of the DOD acquisition process in
support of force protection for combat forces, an area which is of
extreme importance to all Americans, and especially to our 138,000-plus
troops serving in Iraq and the troops who are serving in Afghanistan,
and obviously other places around the world where our forces are
exposed to terrorist operations and the dangers thereof.
Mr. Speaker, as a result of the testimony that we received in this
hearing, it became very clear that under the special circumstances, a
change in the acquisition process is required. When a combat commander
submits an urgent requirement for equipment that directly relates to
preventing combat fatalities, it should not take 6 months to process
the commander's request. Because of the oversight role that Congress
plays and of course the interest that any administration, the executive
branch, has in the acquisition process and the many billions of dollars
which flow through the military acquisition process, it is
understandable that our acquisition process is rather slow moving.
There are combatant requirements that are set up by the field
commanders. Those are scrubbed by a number of requirements, bodies,
including the joint chiefs, and the service that attends that
particular area. There is a competitive bidding process which carries
with it its own appeals process. And as a result of that, when we have
a requirement that emanates from field conditions, from a threat that
is posed by the enemy on the battlefield, it can take months and months
and months before America can respond to that particular challenge.
Right now we are seeing some of that, and we are seeing rapid
tactical changes by our adversaries in the field in Afghanistan and
Iraq and other places. Very simply, Mr. Speaker, we have to be able to
react quickly. We need to be able to come up with not necessarily the
100 percent solution, but maybe the 80 percent solution while we are
researching and developing and putting out contracts in this very
measured pace that the present acquisition system takes.
[[Page H3901]]
So the trust that is given to the people of the United States
Congress by the soldiers and families is that we provide them with the
necessary systems and equipment to accomplish their mission at any
time, anywhere in the world. In keeping this trust, we must be honest
in our assessment of whether we are doing everything in our power to
not only give them everything that they need to accomplish their
mission but we give it to them when they need it, in other words, to be
able to act quickly to tactical changes by our adversaries.
H.R. 4323 does that. It says that a combatant commander makes a
request from the field and that request emanates from combat
fatalities, that the contract award should not take more than 15 days
from the time that urgent request is made from the field. This is not
intended to knock out the normal acquisition process. It is intended as
a quick-start bridge to the normal acquisition process that gets
something in the field quickly, whether it is armor for our troops, new
types of munitions, new types of surveillance, but gets something in
the field quickly that will have an immediate salutary effect on the
casualty rate.
As I said before, we do not need to have the 100 percent solution. In
many cases, the 80 percent solution would draw down that casualty rate
very substantially. This is a very narrow, but important, piece of
legislation. It is the right thing to do for our troops.
Mr. Speaker, I reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I am pleased to rise today in favor of H.R. 4323, a bill
to provide rapid acquisition authority to the Secretary of Defense to
respond to combat emergencies. This is a bill that passed the Committee
on Armed Services under the leadership of the gentleman from California
(Mr. Hunter) last month on a voice vote, and I urge its support here.
I might also note that this is just one other example of the laser-
like focus of the gentleman from California (Mr. Hunter) on getting the
kinds of tools and resources our troops in the field need. This is one
example of that. We have seen it in other subcommittee hearings, the
gentleman coming to encourage the Department of Defense to do all it
can as quickly as possible to get our troops what they need as quickly
as possible.
We all know the importance of body armor and armored vehicles for our
soldiers in Iraq. These capabilities save lives, but the Department's
acquisition system often is not agile enough to get these capabilities
in the field when we need them. In fact, a recent hearing in the
Committee on Armed Services showed the acquisition system is in many
ways badly broken when it comes to getting our troops what they need
when they need it.
This bill will go a long way to meeting the deficiencies in the
current system. It requires the Secretary of Defense to develop a
process within 30 days of enactment for the rapid acquisition of
equipment needed by a combatant commander to eliminate a deficiency
that has resulted in combat fatalities.
{time} 1600
The goal is to award the contract within 15 days or to provide an
interim solution if there will be a substantial delay.
To get these capabilities to our troops in the field fast, we allow
the department to waive acquisition laws relating to competition. This
is something we should take seriously given the problems in Iraq and
elsewhere with the lack of competition for contracts. But the authority
in this bill is narrowly drawn and is used to prevent the deaths of our
soldiers, sailors, airmen and Marines. There is congressional
notification so that we can watch how the authority is used.
All of us in Congress appreciate the tremendous sacrifice of our
servicemen and women. We are providing enormous amounts of money to
ensure that they have the best training and equipment they need to
complete their missions in Iraq, Afghanistan and around the world. This
authority will ensure that the department can get that equipment to
them as quickly as we should and fix the deficiencies in the
acquisition system. We owe that to our troops. I urge support for this
bill.
Mr. Speaker, I yield back the balance of my time.
Mr. HUNTER. Mr. Speaker, I yield myself such time as I may consume.
Once again I want to thank the distinguished gentleman from
Washington for his leadership on this bill, also, and all the Members,
Republican and Democrat, who worked on this. This is truly a bipartisan
product.
Mr. Speaker, I include for printing in the Congressional Record two
letters: One is a letter from the Committee on Government Reform
waiving jurisdiction over H.R. 4323 and the second letter is my
response dated today.
House of Representatives,
Committee on Government Reform,
Washington, DC, May 23, 2004.
Hon. Duncan Hunter,
Chairman, Committee on Armed Services, 2120 Rayburn House
Office Building, Washington, DC.
Dear Chairman: On May 11, 2004, we introduced H.R. 4323, a
bill to provide rapid acquisition authority to the Secretary
of Defense to respond to combat emergencies. The Committee on
Armed Services ordered this bill reported on May 12. As you
know, H.R. 4323 contains provisions within the jurisdiction
of the Committee on Government Reform under Rule X of the
Rules of the House of Representatives--specifically, the
subsection entitled ``Waiver of Certain Statutes.''
Because of our desire to move this legislation
expeditiously, I will waive consideration of the bill by the
Committee on Government Reform. By agreeing to waive this
consideration of the bill, the Committee does not waive its
jurisdiction over H.R. 4323. In addition, the Committee
reserves its authority to seek conferees on any provisions of
the bill that are within its jurisdiction during any House-
Senate conference that may be convened on this legislation. I
ask your commitment to support any request for conferees by
the Committee on H.R. 4323 or similar legislation.
I request that you include this letter in the Congressional
Record during consideration of the legislation on the House
floor. Thank you for your attention to these matters.
Sincerely,
Tom Davis,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 14, 2004.
Hon. Thomas Davis,
Chairman, Committee on Government Reform, United States House
of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
4323, a bill to provide rapid acquisition authority to the
Secretary of Defense to respond to combat emergencies.
I agree that the Committee on Government Reform has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request such a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on Government Reform is
not waiving its jurisdiction. Further, this exchange of
letters will be included in the Congressional Record during
consideration of the legislation on the House floor.
With best wishes.
Sincerely,
Duncan Hunter,
Chairman.
Mr. Speaker, I also want to thank our staff who worked on this bill
and who came back from their trips, and almost every member of our
committee has been to Iraq, a number of them to Afghanistan. The need
to get equipment to the field quickly is a concern that we all have. I
want to thank the staff folks also who took these trips and attended
many long and weary hours moving around in various forms of
transportation in Iraq and Afghanistan, talking with the troops about
equipment, about what we do; that is, supplying the tools to get the
job done and helping to work up this legislation. Again I thank the
gentleman from Washington and our great staff on the Committee on Armed
Services.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Petri). The question is on the motion
offered by the gentleman from California (Mr. Hunter) that the House
suspend the rules and pass the bill, H.R. 4323.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. HUNTER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
[[Page H3902]]
____________________