S.Amdt. 1057

SA 1057. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) to
the bill H.R. 2810, to authorize appropriations for fiscal year 2018
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:

Beginning in section 854, strike paragraph (3) and all that
follows through the end of section 855 and insert the
following:
(3) by adding at the end the following new paragraph:
``(2) When applying the preference for the acquisition of
commercial items and nondevelopmental items under this
section, priority shall be provided to small businesses for
the acquisition of commercial items or nondevelopmental
items.''.

SEC. 855. INAPPLICABLE LAWS AND REGULATIONS.

(a) Review of Determinations Not to Exempt Department of
Defense Contracts for Commercial Items and Commercially
Available Off-the-shelf Items From Certain Laws and
Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) review each determination of the Federal Acquisition
Regulatory Council pursuant to section 1906(b)(2), section
1906(c)(3), or section 1907(a)(2) of title 41, United States
Code, not to exempt contracts and subcontracts described in
subsection (a) of section 2375 of title 10, United States
Code, from laws such contracts and subcontracts would

[[Page S5750]]

otherwise be exempt from under section 1906(d) of title 41,
United States Code; and
(2) revise the Department of Defense Supplement to the
Federal Acquisition Regulation to provide an exemption from
each law subject to such determination unless the Secretary
determines there is a specific reason not to provide the
exemption.
(b) Elimination of Certain Contract Clause Requirements
Applicable to Commercial Item Contracts.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense shall revise the Department of Defense
Supplement to the Federal Acquisition Regulation to eliminate
all regulations promulgated after the date of the enactment
of the Federal Acquisition Streamlining Act of 1994 (Public
Law 103-355) that require a specific contract clause for a
contract using commercial item acquisition procedures under
part 12 of the Federal Acquisition Regulation, except for
regulations required by law, unless the Secretary determines
on a case-by-case basis that there is a specific reason not
to eliminate the requirement.
(c) Elimination of Certain Contract Clause Requirements
Applicable to Commercially Available Off-the-shelf Item
Subcontracts.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall revise
the Department of Defense Supplement to the Federal
Acquisition Regulation to eliminate all requirements for a
prime contractor to include a specific contract clause in a
subcontract for commercially available off-the-shelf items
unless the inclusion of such clause is required by law or is
necessary for the contractor to meet the requirements of the
prime contract, unless the Secretary determines on a case-by-
case basis that there is a specific reason not to eliminate
the requirement.
______