[Congressional Record Volume 163, Number 149 (Thursday, September 14, 2017)]
[Senate]
[Pages S5749-S5750]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
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