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

Subtitle D--Provisions Relating to Programs for Accelerating Acquisition

P. L. 118-31

SEC. 843. SPECIAL AUTHORITY FOR RAPID CONTRACTING FOR COMMANDERS OF COMBATANT COMMANDS.

(a) In General.--The commander of a combatant command, upon providing a written determination to a senior contracting official (as defined in section 1737 of title 10, United States Code), may request use of the special authorities described in subsection (b)--

(1) in support of a contingency operation (as defined in section 101(a) of title 10, United States Code);

(2) to facilitate the defense against or recovery from a cyber attack, nuclear attack, biological attack, chemical attack, or radiological attack against the United States;

(3) in support of a humanitarian or peacekeeping operation (as the term is defined in section 3015(2) of title 10, United States Code); and

(4) for purposes of protecting the national security interests of the United States during directed operations that are below the threshold of traditional armed conflict.

(b) Special Authorities Described.--The special authorities for
contracting that may be used by the senior contracting official to
rapidly respond to time-sensitive or unplanned emergency situations are as follows:

(1) Procedures applicable to purchases below micro-purchase threshold (described in section 1902 of title 41, United States Code), with respect to a single contracting action taken under subsection (a) for a contract to be awarded and performed, or purchase to be made--

(A) in the United States, with a value less than $15,000; or

(B) outside the United States, with a value less than $25,000.

(2) Simplified acquisition procedures (described in section 1901 of title 41, United States Code), with respect to a single contracting action taken under subsection (a) for a contract to be awarded and performed, or purchase to be made--

(A) in the United States, with a value less than $750,000; or

(B) outside the United States, with a value less than $1,500,000.

(3) For simplified procedures for purchases under section 3205 of title 10, United States Code, subsection (a)(2) of such section shall be applied by substituting ``$10,000,000'' for ``$5,000,000''.

(4) The property or service being procured may be treated as a commercial product or a commercial service for the purpose of carrying out the procurement.

(c) Determination.--A written determination required under subsection (a)--

(1) may include more than one requested action;

(2) may be directed to more than one senior contracting official; and

(3) shall include--

(A) the rationale for the request in accordance with paragraphs (1) through (4) of such subsection;

(B) a description of any special authority requested; and

(C) an attestation that funds are available for such special authority.

(d) Sunset.--The authority under subsection (a) shall terminate on September 30, 2028.

(e) Annual Report.--Not later than January 15, 2025, and annually thereafter for four years, the Chairman of the Joint Chiefs of Staff, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the use of the authority under this section for the fiscal year preceding the date of submission of the report. The report shall include a summary of each instance of the authority being used, including--

(1) an identification of each commander submitting a request under subsection (a);

(2) an identification of each senior contracting official responding to such request; and

(3) the specific special authority requested, including an identification of the contractor that performed the contract and the value of the contract.

Sec. 843--Special authority for rapid contracting for commanders of combatant commands

The Senate amendment contained a provision (sec. 811) that would allow the commander of a combatant command, upon providing a written determination to a supporting head of contracting activity, to request emergency, rapid contracting
response using special authorities prescribed in the provision.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.