S.Amdt. 4563

SA 4563. Mr. SCOTT submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title VIII, add the following:

SEC. 869. DEFINITION OF COMMERCIAL ITEMS.

(a) Amendments to Definition.--Section 103 of title 41,
United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``customarily''; and
(ii) by striking ``; and'' and inserting ``; or''; and
(B) in subparagraph (B), by inserting ``is of a type that''
before ``has been sold''; and
(2) in paragraph (3)(B), by inserting ``, and the item
retains a predominance or preponderance of nongovernmental
functions or essential physical characteristics'' after
``requirements''.
(b) Relationship to Certain Title 10 Provisions.--This
section, and the amendments made by this section, shall not
be construed as affecting--
(1) the meaning of the term ``commercial item'' under
subsection (a)(5) of section 2464 of title 10, United States
Code, or any requirement under subsection (a)(3) or
subsection (c) of such section;
(2) the percentage limitation under subsection (a) of
section 2466 of such title; or
(3) the definition of ``depot-level maintenance and
repair'' under subsection (a) of section 2460 of title 10,
United States Code, or the installation of parts as described
under subsection (b)(2) of such section.
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