INAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.

SEC. 8105. INAPPLICABILITY OF CERTAIN PROVISIONS OF LAW. (a) Inapplicability of Requirement for Contract Clause Regarding Contingent Fees.— Section 2306(b) of title 10, United States Code, as amended by section 4102(b), is further amended by inserting before the period at the end of the sentence added by that section the following: “or to a contract for the acquisition of commercial items”. (b) Inapplicability of Requirement To Identify Suppliers and Sources of Supplies.— Paragraph (2) of section 2384(b) of title 10, United States Code, is amended to read as follows: “(2) The regulations prescribed pursuant to paragraph (1) do not apply to a contract that requires the delivery of supplies that are commercial items, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).”. (c) Inapplicability of Prohibition Against Doing Business with Certain Offerors or Contractors.— Section 2393(d) of title 10, United States Code, as amended by section 4102(e), is further amended by adding at the end the following: “The requirement shall not apply in the case of a subcontract for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).”. (d) Reports by Employees or Former Employees of Defense Contractors.— Section 2397(a)(1) of title 10, United States Code, as amended by section 4401(d), is further amended by adding at the end the following: “The term does not include a contract for the purchase of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).”. (e) Limits on Employment for Certain Former DOD Officials.— Section 2397b(f) of title 10, United States Code, is amended in paragraph (2)(B)— (A) by striking out “or” at the end of clause (i); (B) by striking out the period at the end of clause (ii) and inserting in lieu thereof“; or”; and (C) by adding at the end the following new clause: “(iii) any person who contracts to supply the Department of Defense only commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))”. (f) Defense Contractor Requirements Concerning Former DOD Officials.— Section 2397c of title 10, United States Code, is amended by adding at the end the following: “(e) This section does not apply to contracts for the purchase of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).”. (g) Inapplicability of Prohibition on Limitation of Subcontractor Direct Sales.— Section 2402 of title 10, United States Code, as amended by section 4102(f), is further amended by adding at the end the following new subsection: “(d) (1) An agreement between the contractor in a contract for the acquisition of commercial items and a subcontractor under such contract that restricts sales by such subcontractor directly to persons other than the contractor may not be considered to unreasonably restrict sales by that subcontractor to the United States in violation of the provision included in such contract pursuant to subsection (a) if the agreement does not result in the United States being treated differently with regard to the restriction than 108 STAT. 3393any other prospective purchaser of such commercial items from that subcontractor. “(2) In paragraph (1), the term ‘commercial item’ has the meaning given such term in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).”. (h) Inapplicability of Prohibition on Persons Convicted of Defense-related Felonies.— Paragraph (4) of section 2408(a) of title 10, United States Code, as added by section 4102(g), is amended— (1) by inserting after subparagraph (A) the following: “(B) A contract referred to in such subparagraph that is for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).”; and (2) by inserting “or (B)” before the period at the end of subparagraph (C). (i) Inapplicability of Contractor Inventory Accounting System Standards.— Section 2410b of title 10, United States Code, is amended by adding after subsection (b), as added by section 4102(h), the following: “(c) The regulations prescribed pursuant to subsection (a) shall not apply to a contract for the purchase of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).”. (j) Inapplicability of Reporting Requirement Regarding Dealings With Terrorist Countries.— Section 843(a) of Public Law 103–160 (107 Stat. 1720) is amended by adding at the end the following: “(3) This section does not apply with respect to a contract for the procurement of a commercial item (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).”. (k) Amendments to Armed Services Provision.— Section 806 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2301 note) is amended by striking out subsection (b) and inserting in lieu thereof the following: “(b) Inapplicability to Certain Contracts.— Regulations prescribed under this section shall not apply to a contract for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act).”.