Page:United States Statutes at Large Volume 104 Part 3.djvu/243

 PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1595 (ii) If a Federal Government official outside the Department of Defense has the responsibility for implementation of the statute, the Secretary shall consult with such official regarding the proposed waiver or limitation before publishing the proposed waiver or limiting regulations under clause (i). (3) The Secretary may prescribe separate regulations for one or more major defense acquisition programs designated by the Secretary for participation in the pilot program. (f) NOTIFICATION AND IMPLEMENTATION. —(1) The Secretary shall transmit to the congressional defense committees a written notification of each major defense acquisition program proposed to be designated by the Secretary for participation in the pilot program. (2) If the Secretary proposes to wsdve or limit the applicability of any provision of law to a major defense acquisition program under the pilot program in accordance with this section, the Secretary shall include in the notification regarding that acquisition program— (A) the provision of law proposed to be waived or limited; (B) the effects of such provision of law on the acquisition, including specific examples; (C) the actions taken to ensure that the waiver or limitation will not reduce the efficiency, integrity, and effectiveness of the acquisition process used for the major defense acquisition program; and (D) specific budgetary and personnel savings, if any, that will result from the waiver or limitation. (g) LiMH-ATiON ON WAIVER AUTHORITY. —The applicability of the following requirements of law may not be weiived or limited under subsection (c)(1)(B) with respect to a major defense acquisition program: (1) The requirements of this section. (2) The requirements contained in any law enacted on or after the date of the enactment of this Act if that law designates such major defense acquisition program as a participant in the pilot program, except to the extent that a waiver of such requirement is specifically authorized for such major defense acquisition program in a law enacted on or after such date. (h) TERMINATION OF AUTHORITY.—The authority to waive or limit the applicability of any law under this section may not be exercised after September 30, 1992. (i) DEFINITION. —In this section the term "major defense acquisition program" shall have the meaning given such term in section 2430 of title 10, United States Code. SEC. 810. ACQUISITION OF COMMERCIAL PRODUCTS Section 2325(a) of title 10, United States Code, is Eimended— (1) in paragraph (2) by striking out "and"; (2) in paragraph (3) by striking out the period and inserting in lieu thereof a semicolon and "and"; and (3) by adding at the end thereof the following new paragraph: "(4) prior to developing new specifications, the Department conducts market research to determine whether nondevelopmental items are available or could be modified to meet agency needs.".

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