118 STAT. 2012 PUBLIC LAW 108–375—OCT. 28, 2004 Subtitle B—Amendments to General Con tracting Authorities, Procedures, and Limitations SEC. 811. RAPID ACQUISITION AUTHORITY TO RESPOND TO COMBAT EMERGENCIES. Section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended— (1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and (2) by inserting after subsection (b) the following new sub sections (c) and (d): ‘‘(c) RESPONSE TO COMBAT EMERGENCIES.—(1) In the case of any equipment that, as determined in writing by the Secretary of Defense without delegation, is urgently needed to eliminate a combat capability deficiency that has resulted in combat fatalities, the Secretary shall use the procedures developed under this section in order to accomplish the rapid acquisition and deployment of the needed equipment. ‘‘(2)(A) Whenever the Secretary makes a determination under paragraph (1) that certain equipment is urgently needed to elimi nate a combat capability deficiency that has resulted in combat fatalities, the Secretary shall designate a senior official of the Department of Defense to ensure that the needed equipment is acquired and deployed as quickly as possible, with a goal of awarding a contract for the acquisition of the equipment within 15 days. ‘‘(B) Upon designation of a senior official under subparagraph (A), the Secretary shall authorize that official to waive any provision of law, policy, directive, or regulation described in subsection (d) that such official determines in writing would unnecessarily impede the rapid acquisition and deployment of the needed equipment. In a case in which the needed equipment cannot be acquired without an extensive delay, the senior official shall require that an interim solution be implemented and deployed using the procedures devel oped under this section to minimize the combat capability deficiency and combat fatalities. ‘‘(3) 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. For acquisitions of equipment under this section during the fiscal year in which the Secretary makes the determination described in paragraph (1) with respect to such equip ment, the Secretary may use any funds available to the Department of Defense for that fiscal year. ‘‘(4) The Secretary of Defense shall notify the congressional defense committees within 15 days after each determination made under paragraph (1). Each such notice shall identify— ‘‘(A) the equipment to be acquired; ‘‘(B) the amount anticipated to be expended for the acquisi tion; and ‘‘(C) the source of funds for the acquisition. ‘‘(5) Any acquisition initiated under this subsection shall transi tion to the normal acquisition system not later than two years after the date on which the Secretary makes the determination described in paragraph (1) with respect to that equipment. Notification. Deadline.
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