NDAA for Fiscal Year 2012

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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle F--Other Matters
P. L. 113-291	Explanatory Statement, 12/4/14, H8671
SEC. 851. RAPID ACQUISITION AND DEPLOYMENT PROCEDURES FOR UNITED STATES SPECIAL OPERATIONS COMMAND. (a) Authority to Establish Procedures- The Secretary may prescribe procedures for the rapid acquisition and deployment of items for the United States Special Operations Command that are currently under development by the Department of Defense or available from the commercial sector and are-- (1) urgently needed to react to an enemy threat or to respond to significant and urgent safety situations; (2) needed to avoid significant risk of loss of life or mission failure; or (3) needed to avoid collateral damage risk where the absence of collateral damage is a requirement for mission success. (b) Issues to Be Addressed- The procedures prescribed under subsection (a) shall include the following: (1) A process for streamlined communication between the Commander of the United States Special Operations Command and the acquisition and research and development communities, including-- (A) a process for the Commander to communicate needs to the acquisition community and the research and development community; and (B) a process for the acquisition community and the research and development community to propose items that meet the needs communicated by the Commander. (2) Procedures for demonstrating, rapidly acquiring, and deploying items proposed pursuant to paragraph (1)(B), including-- (A) a process for demonstrating performance and evaluating for current operational purposes the existing capability of an item; (B) a process for developing an acquisition and funding strategy for the deployment of an item; and (C) a process for making deployment determinations based on information obtained pursuant to subparagraphs (A) and (B). (c) Testing Requirement- (1) IN GENERAL- The process for demonstrating performance and evaluating for current operational purposes the existing capability of an item prescribed under subsection (b)(2)(A) shall include-- (A) an operational assessment in accordance with expedited procedures prescribed by the Director of Operational Testing and Evaluation; and (B) a requirement to provide information to the deployment decision-making authority about any deficiency of the item in meeting the original requirements for the item (as stated in an operational requirements document or similar document). (2) DEFICIENCY NOT A DETERMINING FACTOR- The process may not include a requirement for any deficiency of an item to be the determining factor in deciding whether to deploy the item. (3) ADDITIONAL REQUIREMENT IN CASE OF DEFICIENCY- In the case of any deficiency of an item, a decision to deploy the item may be made only if the Commander of the United States Special Operations Command determines that, for reasons of national security, the deficiency of the item is acceptable. (d) Limitation- The quantity of items of a system procured using the procedures prescribed pursuant to this section may not exceed the number established for low-rate initial production for the system. Any such items shall be counted for purposes of the number of items of the system that may be procured through low-rate initial production. (e) Annual Funding Limitation- Of the funds available to the Commander of the United States Special Operations Command in any given fiscal year, not more than $50,000,000 may be used to procure items under this section. (f) Relationship to Other Rapid Acquisition Authority- The Commander of the United States Special Operations Command may not use the authority under this section at the same time the Commander uses the authority under section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2302 note). (g) Congressional Notifications- (1) NOTIFICATION BEFORE PROCEDURES GO INTO EFFECT- The Secretary of Defense shall notify the congressional defense committees at least 30 days before the procedures prescribed pursuant to this section are made effective. (2) NOTIFICATION AFTER USE OF PROCEDURES- The Secretary of Defense shall notify the congressional defense committees not later than 48 hours after each use of the procedures prescribed pursuant to this section.	Rapid acquisition and deployment procedures for United States Special Operations Command (sec. 851) The Senate committee-reported bill contained a provision (sec. 807) that would require procedures for the rapid acquisition and deployment of items for the U.S. Special Operations Command (SOCOM) that are currently under development by the Department of Defense (DOD) or available from the commercial sector and are urgently needed to avoid significant risk or loss of life or mission failure, or needed to avoid collateral damage where no collateral damage is necessary for mission success. The House bill contained no similar provision. The agreement includes the Senate provision with an amendment that would authorize the establishment of procedures for rapid acquisition and deployment of items for SOCOM that are currently under development by DOD or available from the commercial sector and are urgently needed to avoid significant risk or loss of life or mission failure, or needed to avoid collateral damage where no collateral damage is necessary for mission success. The provision would also require the Commander, SOCOM, in instances where an item has identified deficiencies, to make the determination that deployment of such an item is acceptable for reasons of national security. The provision would also make clear the SOCOM Commander may not use the authority under this provision at the same time as the Commander uses the authority under section 806 of Public Law 107-314. The agreement also includes amendments to the provision that would require congressional notifications be made before such rapid acquisition procedures go into effect and after such use of rapid acquisition procedures are used to ensure robust congressional oversight of this authority. S. Rept. 113-176 to accompany S. 2410 Rapid acquisition and deployment procedures for United States Special Operations Command (sec. 807) The committee recommends a provision that would require procedures for the rapid acquisition and deployment of items for the United States Special Operations Command that are currently under development by the Department of Defense or available from the commercial sector and are urgently needed to avoid significant risk of loss of life or mission failure, or needed to avoid collateral damage where no collateral damage is necessary for mission success.