292
pears and inserting in lieu thereof ‘‘inter-
national agreement’’;
(D) in subsection (b), by striking out
‘‘memorandum or related agreement’’ each place
it appears in the second sentence and inserting
in lieu thereof ‘‘international agreement’’; and
(E) in subsection (c)—
(i) by striking out ‘‘A’’ after ‘‘AGREE-
MENTS.—’’ and inserting in lieu thereof
‘‘An’’; and
(ii) by striking out ‘‘memorandum or
agreement’’ and inserting in lieu thereof
‘‘international agreement’’.
(2) EXPANDED SCOPE OF AGREEMENTS.—Sub-
section (a) of such section is further amended by
striking out ‘‘research, development, or production’’ in
the matter preceding paragraph (1) and inserting in
lieu thereof ‘‘research, development, production, or lo-
gistics support’’.
(3) CLERICAL AMENDMENTS.—
(A) SECTION
HEADING.—The heading of
such section is amended to read as follows:
‘‘§ 2531. Defense international agreements’’.
(B) TABLE OF SECTIONS.—The item relat-
ing to such section in the table of sections at the
293
beginning of subchapter V of chapter 148 of such
title is amended to read as follows:
‘‘2531. Defense international agreements.’’.
(b) ADDITION
TO
DEFINITION
OF
COOPERATIVE
PROJECT.—Section 2350i(c)(1) of title 10, United States
Code, is amended in subparagraph (B)—
(1) by striking out ‘‘or’’ at the end of clause (ii);
(2) by redesignating clause (iii) as clause (iv);
and
(3) by inserting after clause (ii) the following:
‘‘(iii) 
modifying 
existing 
military
equipment to meet United States military
requirements; or’’.
SEC. 6005. MISCELLANEOUS REPEALS.
(a) REPEAL OF BUY AMERICAN REQUIREMENT FOR
POLICY GUIDANCE.—Title III of the Act of March 3, 1933
(41 U.S.C. 10a et seq.), commonly referred to as the ‘‘Buy
American Act’’, is amended in section 4(g) (41 U.S.C. 10b–
1(g)) by striking out paragraphs (2)(C) and (3).
(b) REPEAL OF BUY AMERICAN REPORTING REQUIRE-
MENT.—Section 9096(b) of Public Law 102–396 (106 Stat.
1924; 41 U.S.C. 10b–2(b)) is repealed.
(c) REPEAL
OF STUDIES
OF BUY AMERICAN ACT
WAIVERS.—Section 306 of the Trade Agreements Act of
1979 (19 U.S.C. 2516), relating to studies of certain em-
ployment effects and procurement effects of a waiver of title
294
III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.),
commonly referred to as the ‘‘Buy American Act’’, is re-
pealed.
TITLE VII—COMMERCIAL ITEMS
Subtitle A—Armed Services
Acquisitions
SEC. 7001. ESTABLISHMENT OF NEW CHAPTER IN TITLE 10.
(a) ESTABLISHMENT.—Part IV of subtitle A of title
10, United States Code, is amended by inserting before
chapter 137 the following new chapter 136:
‘‘CHAPTER 136—PROCUREMENT OF
COMMERCIAL ITEMS
‘‘Sec.
‘‘2281. Definitions.
‘‘2282. Preference for acquisition of commercial items.
‘‘2283. Pricing documentation for commercial items.
‘‘2284. Regulations; required terms and conditions.
‘‘2285. Principle of construction with future laws.
‘‘2286. Inapplicability of certain provisions of law.’’.
(b) CLERICAL AMENDMENT.—The tables of chapters at
the beginning of subtitle A of title 10, United States Code,
and the beginning of part IV of such subtitle are amended
by inserting before the item relating to chapter 137 the fol-
lowing new item:
‘‘136. Procurement of Commercial Items .......................................................
2281’’.
SEC. 7002. DEFINITIONS.
Chapter 136 of title 10, United States Code, as added
by section 7001, is amended by adding after the table of
sections the following:
295
‘‘§ 2281. Definitions
‘‘In this chapter:
‘‘(1) The term ‘commercial item’ means any of
the following:
‘‘(A) Any item of a type customarily used
in the course of normal business operations for
other than Federal Government purposes, that—
‘‘(i) has been sold, leased, or licensed to
the general public or to domestic State or
local government entities; or
‘‘(ii) has been offered for sale, lease, or
license to the general public or to domestic
State or local government entities.
‘‘(B) An item intended to be used in the
course of normal business operations for other
than Federal Government purposes that is not
yet available in the commercial marketplace, but
will be available in the commercial marketplace
in time to satisfy the delivery requirements
under a Federal Government solicitation.
‘‘(C) Any item that, but for—
‘‘(i) modifications of a type customar-
ily available in the commercial market-
place, or
‘‘(ii) minor modifications made to
meet Federal Government requirements,
296
would satisfy the criteria in subparagraph (A)
or (B).
‘‘(D) Any combination of items meeting the
requirements of subparagraph (A), (B), or (C)
that are of a type customarily combined and sold
in combination to the general public.
‘‘(E) Services offered and sold competitively,
in significant quantities, in the commercial mar-
ketplace at established catalog prices or standard
rates and under standard commercial terms and
conditions.
‘‘(F) Any item, combination of items, or
service referred to in subparagraphs (A) through
(E), notwithstanding the fact that the item, com-
bination of items, or service is transferred be-
tween or among separate divisions, subsidiaries,
or affiliates of a contractor.
‘‘(2) The term ‘nondevelopmental item’ means
any of the following:
‘‘(A) Any previously developed item of sup-
ply 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 agree-
ment.