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Conference Report 107-772 - National Defense Authorization Act for Fiscal Year 2003

Conference Report Section

Legislative History

(a) REQUIREMENT TO ESTABLISH PROCEDURES- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe procedures for the rapid acquisition and deployment of items that are--

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

(2) urgently needed to react to an enemy threat or to respond to significant and urgent safety situations.

(b) ISSUES TO BE ADDRESSED- The procedures prescribed under subsection (a) shall include the following:

(1) A process for streamlined communications between the Chairman of the Joint Chiefs of Staff, the acquisition community, and the research and development community, including--

(A) a process for the commanders of the combatant commands and the Joint Chiefs of Staff to communicate their 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 combatant commands and the Joint Chiefs of Staff.

(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) 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 procedures prescribed by the Director of Operational Test and Evaluation; and

(B) a requirement to provide information about any deficiency of the item in meeting the original requirements for the item (as stated in an operational requirements document or similar document) to the deployment decisionmaking authority.

(2) 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.

(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.

Conference Report 107-772

The House bill contained a provision (sec. 808) that would require the Secretary of Defense to develop procedures for the rapid acquisition and deployment of items that a commander of a unified combatant command urgently requires. (See H. R. 4546 - House Bill and House Report 107-436 below)

The Senate amendment contained no similar provision. 

The Senate recedes with an amendment that would give the Secretary greater flexibility in the development of the required procedures.

H. R. 4546 - House Bill

SEC. 808. RAPID ACQUISITION AND DEPLOYMENT PROCEDURES.

(a) REQUIREMENT TO ESTABLISH PROCEDURES- Chapter 141 of title 10, United States Code, is amended by inserting after section 2396 the following new section:

Sec. 2397. Rapid acquisition and deployment procedures

(a) ESTABLISHMENT- The Secretary of Defense shall establish tailored rapid acquisition and deployment procedures for items urgently needed to react to an enemy threat or to respond to significant and urgent safety situations.

(b) PROCEDURES- The procedures established under subsection (a) shall include the following:

(1) A process for streamlined communications between the Chairman of the Joint Chiefs of Staff, the acquisition community, and the testing community.

(2) A process for expedited technical, programmatic, and financial decisions.

(3) An expedited procurement and contracting process.

(c) SPECIFIC STEPS TO BE INCLUDED- The procedures established under subsection (a) shall provide for the following:

(1) The commander of a unified combatant command may notify the Chairman of the Joint Chiefs of Staff of the need for an item described in subsection (a) that is currently under development.

(2) The Chairman may request the Secretary of Defense to use rapid acquisition and deployment procedures with respect to the item.

(3) The Secretary of Defense shall decide whether to use such procedures with respect to the item and shall notify the Secretary of the appropriate military department of the decision.

(4) If the Secretary of Defense decides to use such procedures with respect to the item, the Secretary of the military department shall prepare a funding strategy for the rapid acquisition of the item and shall conduct a demonstration of the performance of the item.

(5) The Director of Operational Test and Evaluation shall immediately evaluate the existing capability of the item (but under such evaluation shall not assess the capability of the item as regards to the function the item was originally intended to perform).

(6) The Chairman of the Joint Chiefs of Staff shall review the evaluation of the Director of Operational Test and Evaluation and report to the Secretary of Defense regarding whether the capabilities of the tested item are able to meet the urgent need for the item.

(7) The Secretary of Defense shall evaluate the information regarding funding and rapid acquisition prepared pursuant to paragraph (4) and approve or disapprove of the acquisition of the item using the procedures established pursuant to subsection (a).

(d) LIMITATION- The quantity of items of a system procured using the procedures established under this section may not exceed the number established for low-rate initial production for the system, and 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.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2396 the following new item:

2397. Rapid acquisition and deployment procedures.'.

House Report 107-436

SECTION 808--RAPID ACQUISITION AND DEPLOYMENT PROCEDURES

This section would require the Secretary of Defense to develop rapid procedures for the acquisition and the deployment of items a commander of a unified combatant command urgently requires. The procedures would require the Chairman of the Joint Chiefs of Staff, the Secretary of Defense, the secretary of the military service, as well as the Director, Operational Test & Evaluation to work together in an expedited manner in order to deliver to the commander of a unified combatant command the item urgently needed to react to an enemy or to provide safety.