Home > 108th Congressional Bills > H.R. 4324 (eh) To amend chapter 84 of title 5, United States Code, to provide for Federal employees to make elections to make, modify, and terminate contributions to the Thrift Savings Fund at any time, and for other purposes. [Engrossed in House] %%Filen...
H.R. 4324 (eh) To amend chapter 84 of title 5, United States Code, to provide for Federal employees to make elections to make, modify, and terminate contributions to the Thrift Savings Fund at any time, and for other purposes. [Engrossed in House] %%Filen...
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.
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