Page:United States Statutes at Large Volume 100 Part 2.djvu/818

 100 STAT. 1783-137

PUBLIC LAW 99-500—OCT. 18, 1986

"(3) The Secretary concerned may not obligate, for the purpose of carrying out a program described in paragraph (1) for which a program deviation report is received, amounts appropriated or otherwise made available to the Department of Defense for the fiscal year following the fiscal year during which the program deviation report was received unless such amounts are authorized to be appropriated after the date on which such report was received.". (2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2436 (as inserted by section 905) the following new item: , U-.M "2437. Defense enterprise programs: milestone authorization.".

(b) INITIAL DESIGNATION OF PARTICIPATING PROGRAMS.—The Secretary of Defense shall designate for fiscal year 1988 not less than three defense enterprise programs to be considered for milestone authorization under subsection (b). The Secretary shall make such designations as part of the budget submission of the Department of Defense for such fiscal year. 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 fornondevelopmental items "(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— -j^ •'.• "(A) functions to be performed; , ^- --^ d-:
 * . "(B) performance required; or

'' '*"" • • ^ J "(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— .i,;oU. "(A) is not yet in use; or "(B) is not yet available in the commercial marketplace.".

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