Page:United States Statutes at Large Volume 124.djvu/4284

 124 STAT. 4258 PUBLIC LAW 111–383—JAN. 7, 2011 (G) Establishing a dedicated source of funding for the rapid fielding of capabilities in response to urgent oper- ational needs. (H) Issuing guidance to provide for the appropriate transition of capabilities acquired through rapid fielding into the traditional budget, requirements, and acquisition process for purposes of contracts for follow-on production, sustainment, and logistics support. (I) Such other improvements as the Secretary considers appropriate. (b) DISCRIMINATING URGENT OPERATIONAL NEEDS FROM TRADI- TIONAL REQUIREMENTS.— (1) EXPEDITED REVIEW PROCESS.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall develop and implement an expedited review process to determine whether capabilities proposed as urgent operational needs are appropriate for fielding through the process for the rapid fielding of capabilities or should be fielded through the traditional acquisition process. (2) ELEMENTS.—The review process developed and imple- mented pursuant to paragraph (1) shall— (A) apply to the rapid fielding of capabilities in response to joint urgent operational need statements and to other urgent operational needs statements generated by the military departments and the combatant commands; (B) identify officials responsible for making determina- tions described in paragraph (1); (C) establish appropriate time periods for making such determinations; (D) set forth standards and criteria for making such determinations based on considerations of urgency, risk, and life-cycle management; (E) establish appropriate thresholds for the applica- bility of the review process, or of elements of the review process; and (F) authorize appropriate officials to make exceptions from standards and criteria established under subpara- graph (D) in exceptional circumstances. (3) COVERED CAPABILITIES.—The review process developed and implemented pursuant to paragraph (1) shall provide that, subject to such exceptions as the Secretary considers appro- priate for purposes of this section, the acquisition process for rapid fielding of capabilities in response to urgent operational needs is appropriate only for capabilities that— (A) can be fielded within a period of two to 24 months; (B) do not require substantial development effort; (C) are based on technologies that are proven and available; and (D) can appropriately be acquired under fixed price contracts. (4) INCLUSION IN REPORT.—The Secretary shall include a description of the expedited review process implemented pursu- ant to paragraph (1) in the report required by subsection (a). Applicability. Deadline.