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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

P. L. 108-375

House Conference Report 108-767

SEC. 811. RAPID ACQUISITION AUTHORITY TO RESPOND TO COMBAT EMERGENCIES.

Section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended —

(1) by redesignating subsections (c) and (d) as 11 subsections (e) and (f), respectively; and

(2) by inserting after subsection (b) the following new subsections (c) and (d):

     "(c) RESPONSE TO COMBAT EMERGENCIES. —

(1) In the case of any equipment that, as determined in writing by the Secretary of Defense without delegation, is urgently needed to eliminate a combat capability deficiency that has resulted in combat fatalities, the Secretary shall use the procedures developed under this section in order to accomplish the rapid acquisition and deployment of the needed equipment.

"(2)(A) Whenever the Secretary makes a determination under paragraph (1) that certain equipment is urgently needed to eliminate a combat capability deficiency that has resulted in combat fatalities, the Secretary shall designate a senior official of the Department of Defense to ensure that the needed equipment is acquired and deployed as quickly as possible, with a goal of awarding a contract for the acquisition of the equipment within 15 days.

     "(B) Upon designation of a senior official under subparagraph (A), the Secretary shall authorize that official to waive any provision of law, policy, directive, or regulation described in subsection (d) that such official determines in writing would unnecessarily impede the rapid acquisition and deployment of the needed equipment. In a case in which the needed equipment cannot be acquired without an extensive delay, the senior official shall require that an interim solution be implemented and deployed using the procedures developed under this section to minimize the combat capability deficiency and combat fatalities.

     "(3) The authority of this section may not be used to acquire equipment in an amount aggregating more than $100,000,000 during any fiscal year. For acquisitions of equipment under this section during the fiscal year in which the Secretary makes the determination described in paragraph (1) with respect to such equipment, the Secretary may use any funds available to the Department of Defense for that fiscal year.

     "(4) The Secretary of Defense shall notify the congressional defense committees within 15 days after each determination made under paragraph (1). Each such notice shall identify —

"(A) the equipment to be acquired;

"(B) the amount anticipated to be expended for the acquisition; and

"(C) the source of funds for the acquisition.

     "(5) Any acquisition initiated under this subsection shall transition to the normal acquisition system not later than two years after the date on which the Secretary makes the determination described in paragraph (1) with respect to that equipment.

     "(d) WAIVER OF CERTAIN STATUES AND REGULATIONS. —

(1) Upon a determination described in subsection (c)(1), the senior official designated in accordance with subsection (c)(2) with respect to that designation is authorized to waive any provision of law, policy, directive or regulation addressing —

 "(A) the establishment of the requirement for the equipment;

"(B) the research, development, test, and evaluation of the equipment; or

"(C) the solicitation and selection of sources, and the award of the contract, for procurement of the equipment.

"(2) Nothing in this subsection authorizes the waiver of —

"(A) the requirements of this section or the regulations implementing this section; or

"(B) any provision of law imposing civil or criminal penalties.".  

The House bill contained a provision (sec. 801) that would authorize the Secretary of Defense to establish a streamlined acquisition process for use when combat fatalities have occurred, the combatant commander has an urgent need of equipment, and delay would cause a continuation of combat fatalities.  This process is to be used as a 'quick start' bridge to the normal acquisition process.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would incorporate the new authority into section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314), provide for waivers to be made on a case-by-case basis, and clarify that a program initiated under this authority must transition to the traditional acquisition process within two years.

House Report 108-491