[Congressional Record Volume 162, Number 90 (Wednesday, June 8, 2016)]
[Senate]
[Page S3653]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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