Page:United States Statutes at Large Volume 100 Part 5.djvu/443

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3917

SEC. 907. PREFERENCE FOR NONDEVELOPMENTAL ITEMS

(a) IN GENERAL.—(1) Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: "§ 2325. Preference for nondevelopmental items 10 USC 2325. "(a) PREFERENCE.—The Secretary of Defense shall ensure that, to the maximum extent practicable— "(1) requirements of the Department of Defense with respect to a procurement of supplies are stated in terms of— "(A) functions to be performed; "(B) performance required; or "(C) essential physical characteristics; "(2) such requirements are defined so that nondevelopmental items may be procured to fulfill such requirements; and "(3) such requirements are fulfilled through the procurement of nondevelopmental items. '*"(b) IMPLEMENTATION.—The Secretary of Defense shall carry out this section through the Under Secretary of Defense for Acquisition, who shall have responsibility for its effective implementation. "(c) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this section. "(d) DEFINITION.—In this section, the term 'nondevelopmental item' means— "(1) any item of supply that is available in the commercial marketplace; "(2) any previously-developed item of supply that is in use by a department or agency of the United States, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement; "(3) any item of supply described in paragraph (1) or (2) that requires only minor modification in order to meet the requirements of the procuring agency; or "(4) any item of supply that is currently being produced that does not meet the requirements of paragraph (1), (2), or (3) solely because the item— "(A) is not yet in use; or "(B) is not yet available in the commercial marketplace.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "2325. Preference for nondevelopmental items.".

(3) The Secretary of Defense shall prescribe regulations as 10 USC 2325 required by section 2325(c) of title 10, United States Code (as added ^°^by subsection (a)(1)), before the end of the 180-day period beginning on the date of the enactment of this Act. ^^' "; ^ (b) REMOVAL OF IMPEDIMENTS TO DEVELOPMENTAL ITEMS.—(1) The Secretary

ACQUISITION

OF

NON-

Reports.

of Defense shall submit to 10 USC 2325 the Committees on Armed Services of the Senate and House of "°*®Representatives a report— (A) identifying actions taken, including training of personnel and changes in regulations and procurement procedures, to ' '- implement the requirements of section 2325 of title 10, United States Code (as added by subsection (a)(1)); ^ ' ^ (B) identifying all statutes and regulations that are deter'^•' mined by the Secretary to impede the acquisition of nondevelopmental items by the Department of Defense; and