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

Subtitle A--Acquisition Policy and Management

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

SEC. 803. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY TO RESPOND TO COMBAT AND SAFETY EMERGENCIES THROUGH RAPID ACQUISITION AND DEPLOYMENT OF URGENTLY NEEDED SUPPLIES.

(a) Requirement To Establish Procedures- Subsection (a) of section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended--

(1) in the matter preceding paragraph (1), by striking `items' and inserting `supplies'; and

(2) by striking paragraph (1) and inserting the following new paragraph (1):

`(1)(A) currently under development by the Department of Defense or available from the commercial sector; or

`(B) require only minor modifications to supplies described in subparagraph (A); and'.

(b) Issues To Be Addressed- Subsection (b) of such section is amended--

(1) in paragraph (1)(B), by striking `items' and inserting `supplies'; and

(2) in paragraph (2)--

(A) in the matter preceding subparagraph (A), by striking `items' and inserting `supplies';

(B) in subparagraphs (A) and (B), by striking `an item' and inserting `the supplies'; and

(C) in subparagraph (C), by inserting `and utilization' after `deployment'.

(c) Response to Combat Emergencies- Subsection (c) of such section is amended--

(1) by striking `equipment' each place it appears other than paragraph (5) and inserting `supplies';

(2) by striking `combat capability' each place it appears;

(3) by striking `that has resulted in combat fatalities' each place it appears and inserting `that has resulted in combat casualties, or is likely to result in combat casualties';

(4) in paragraph (1), by striking `is' and inserting `are';

(5) in paragraph (2)--

(A) in subparagraph (A), by striking `is' each place it appears and inserting `are'; and

(B) in subparagraph (B), by striking `fatalities' at the end and inserting `casualties';

(6) by amending paragraph (3) to read as follows:

`(3) In any fiscal year in which the Secretary makes a determination described in paragraph (1), the Secretary may use any funds available to the Department of Defense for that fiscal year for acquisitions of supplies under this section if the determination includes a written finding that the use of such funds is necessary to address the combat capability deficiency in a timely manner. The authority of this section may not be used to acquire supplies in an amount aggregating more than $200,000,000 during any such fiscal year.';

(7) in paragraph (4)--

(A) by inserting `, in consultation with the Director of the Office of Management and Budget,' after `shall'; and

(B) by striking `Each such notice' and inserting `For each such determination, the notice under the preceding sentence'; and

(8) in paragraph (5), by striking `that equipment' and inserting `the supplies concerned'.

(d) Waiver of Certain Statues and Regulations- Subsection (d)(1) of such section is amended by striking `equipment' in subparagraphs (A), (B), and (C) and inserting `supplies'.

(e) Testing Requirement- Subsection (e) of such section is amended--

(1) in paragraph (1)--

(A) in the matter preceding subparagraph (A), by striking `an item' and inserting `the supplies'; and

(B) in subparagraph (B), by striking `of the item' and all that follows through `requirements document' and inserting `of the supplies in meeting the original requirements for the supplies (as stated in a statement of the urgent operational need';

(2) in paragraph (2)--

(A) by striking `an item' and inserting `supplies'; and

(B) by striking `the item' and inserting `the supplies'; and

(3) in paragraph (3), by striking `items' each place it appears and inserting `supplies'.

(f) Limitation- Subsection (f) of such section is amended to read as follows:

`(f) Limitation- In the case of supplies that are part of a major system for which a low-rate initial production quantity determination has been made pursuant to section 2400 of title 10, United States Code, the quantity of such supplies acquired using the procedures prescribed pursuant to this section may not exceed an amount consistent with complying with limitations on the quantity of articles approved for low-rate initial production for such system. Any such supplies shall be included in any relevant calculation of quantities for low-rate initial production for the system concerned.'.

From H.R.5136:  National Defense Authorization Act for Fiscal Year 2011

SEC. 804. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY TO RESPOND TO COMBAT AND SAFETY EMERGENCIES THROUGH RAPID ACQUISITION AND DEPLOYMENT OF URGENTLY NEEDED SUPPLIES.

(a) Requirement to Establish Procedures- Subsection (a) of section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended by striking `items that are--' and inserting `supplies that are--'.

(b) Issues to Be Addressed- Subsection (b) of such section is amended--

(1) in paragraph (1)(B), by striking `items' and inserting `supplies'; and

(2) in paragraph (2)--

(A) in the matter preceding subparagraph (A), by striking `items' and inserting `supplies';

(B) in subparagraph (A), by striking `an item' and inserting `the supplies';

(C) in subparagraph (B), by striking `an item' and inserting `the supplies'; and

(D) in subparagraph (C), by inserting `and utilization' after `deployment'.

(c) Response to Combat Emergencies- Subsection (c) of such section is amended--

(1) by striking `equipment' each place it appears and inserting `supplies';

(2) by striking `combat capability' each place it appears;

(3) by inserting `, or could result,' after `that has resulted' each place it appears;

(4) by striking `fatalities' each place it appears and inserting `casualties';

(5) in paragraphs (1) and (2)(A), by striking `is' each place it appears and inserting `are';

(6) in paragraph (3)--

(A) by striking `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.'; and

(B) by inserting `in an amount aggregating no more than $200,000,000' after `for that fiscal year';

(7) in paragraph (4), by striking `Each such notice' and inserting `For each such determination, the notice under the preceding sentence'; and

(8) in paragraph (5), by striking `that equipment' and inserting `those supplies'.

(d) Waiver of Certain Statues and Regulations- Subsection (d)(1) of such section is amended by striking `equipment' in subparagraphs (A), (B), and (C) and inserting `supplies'.

(e) Testing Requirement- Subsection (e) of such section is amended--

(1) in paragraph (1)--

(A) by striking `an item' in the matter preceding subparagraph (A) and inserting `the supplies'; and

(B) in subparagraph (B), by striking `of the item' and all that follows through `requirements document' and inserting `of the supplies in meeting the original requirements for the supplies (as stated in a statement of the urgent operational need';

(2) in paragraph (2)--

(A) by striking `an item' and inserting `supplies'; and

(B) by striking `the item' and inserting `the supplies'; and

(3) in paragraph (3)--

(A) by striking `If items' and inserting `If the supplies'; and

(B) by striking `items' each place it appears and inserting `supplies'.

(f) Limitation- Subsection (f) of such section is amended to read as follows:

`(f) Limitation- In the case of supplies that are part of a major system for which a low-rate initial production quantity determination has been made pursuant to section 2400 of title 10, United States Code, the quantity of such supplies acquired using the procedures prescribed pursuant to this section may not exceed an amount consistent with complying with limitations on the quantity of articles approved for low-rate initial production for such system. Any such supplies shall be included in any relevant calculation of quantities for low-rate initial production for the system concerned.'.

From S. 3454, National Defense Authorization Act for Fiscal Year 2011

SEC. 835. ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY TO RESPOND TO COMBAT AND SAFETY EMERGENCIES THROUGH RAPID ACQUISITION AND DEPLOYMENT OF URGENTLY NEEDED SUPPLIES.

(a) Requirement To Establish Procedures- Subsection (a) of section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended--

(1) in the matter preceding paragraph (1), by striking `items' and inserting `supplies'; and

(2) by striking paragraph (1) and inserting the following new paragraph (1):

`(1)(A) currently under development by the Department of Defense or available from the commercial sector; or

`(B) require only minor modifications to supplies described in subparagraph (A); and'.

(b) Issues To Be Addressed- Subsection (b) of such section is amended--

(1) in paragraph (1)(B), by striking `items' and inserting `supplies';

(2) in paragraph (2)--

(A) in the matter preceding subparagraph (A), by striking `items' and inserting `supplies';

(B) in subparagraphs (A) and (B), by striking `an item' and inserting `the supplies'; and

(C) in subparagraph (C), by inserting `and utilization' after `deployment'.

(c) Response to Combat Emergencies- Subsection (c) of such section is amended--

(1) by striking `equipment' each place it appears and inserting `supplies';

(2) by striking `combat capability' each place it appears;

(3) by striking `that has resulted in combat fatalities' each place it appears and inserting `that has resulted in combat casualties, or is likely to result in imminent combat casualties';

(4) in paragraph (1), by striking `is' and inserting `are';

(5) in paragraph (2)--

(A) in subparagraph (A), by striking `is' each place it appears and inserting `are'; and

(B) in subparagraph (B), by striking `fatalities' at the end and inserting `casualties';

(6) in paragraph (3)--

(A) by striking the first sentence; and

(B) by inserting `if the Secretary makes a written determination that the use of such funds is necessary to address the deficiency concerned in a timely manner. The authority of this section may not be used to acquire supplies in an amount aggregating more than $200,000,000 during any fiscal year.' after `for that fiscal year';

(7) in paragraph (4)--

(A) by inserting `, in consultation with the Director of the Office of Management and Budget,' after `shall';

(B) by inserting `or (3)' after `paragraph (1)'; and

(C) by striking `Each such notice' and inserting `For each such determination, the notice under the preceding sentence'; and

(8) in paragraph (5), by striking `that equipment' and inserting `the supplies concerned'.

(d) Waiver of Certain Statues and Regulations- Subsection (d)(1) of such section is amended by striking `equipment' in subparagraphs (A), (B), and (C) and inserting `supplies'.

(e) Testing Requirement- Subsection (e) of such section is amended--

(1) in paragraph (1)--

(A) in the matter preceding subparagraph (A), by striking `an item' and inserting `the supplies'; and

(B) in subparagraph (B), by striking `of the item' and all that follows through `requirements document' and inserting `of the supplies in meeting the original requirements for the supplies (as stated in a statement of the urgent operational need';

(2) in paragraph (2)--

(A) by striking `an item' and inserting `supplies'; and

(B) by striking `the item' and inserting `the supplies'; and

(3) in paragraph (3)--

(A) by striking `If items' and inserting `If the supplies'; and

(B) by striking `items' each place it appears and inserting `supplies'.

The House bill contained a provision (sec. 804) that would enhance the acquisition flexibility provided to the Secretary of Defense to respond quickly to combat emergencies.

The Senate committee-reported bill contained a similar provision (sec. 835).

The agreement includes a provision combining elements of the House and Senate provisions.

From H. Rpt. 111-491, accompanying H. R. 5136, the NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

SECTION 804--ENHANCEMENT OF DEPARTMENT OF DEFENSE AUTHORITY TO RESPOND TO COMBAT AND SAFETY EMERGENCIES THROUGH RAPID ACQUISITION AND DEPLOYMENT OF URGENTLY NEEDED SUPPLIES

This section would amend section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314), as amended by section 811 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375), to expand the Department of Defense's ability to use the rapid acquisition authority provided under section 806 of Public Law 107-314 to respond to combat and safety emergencies. This section would extend the authority by allowing the authority to be used to:

(1) Acquire supplies in addition to items of equipment;

(2) Prevent casualties in addition to addressing causes of fatalities; and

(3) Purchase up to $200.0 million in supplies, annually, an increase of $100.0 million.

From S. Rpt. 111-201, to accompany S. 3454, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

Enhancement of Department of Defense authority to respond to combat and safety emergencies through rapid acquisition and deployment of urgently needed supplies (sec. 835)

The committee recommends a provision that would amend section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314), as amended by section 811 of the Ronald W. Reagan National Defense Authorization Act for Fiscal year 2005 (Public Law 108-375), to enhance the authority provided to the Secretary of Defense to respond quickly to combat emergencies, as requested by the Department of Defense (DOD). The amendment would: (1) authorize DOD to use that authority for the acquisition of all kinds of supplies--including material, equipment, and stores; (2) extend the application of the authority from cases in which combat fatalities have occurred to cases in which combat casualties have occurred or are imminent; and (3) double the ceiling on the use of the authority to $200.0 million in any fiscal year and clarify the applicability of the ceiling. The committee continues to believe that DOD should have the flexibility it needs to rapidly acquire supplies that are likely to prevent imminent casualties on the battlefield.