Limitations on the centralized commercial item capability

(a) Limitation No funds authorized to be appropriated for fiscal year 2027, or otherwise made available to the Department of Defense, may be obligated or expended for the centralized commercial item capability required by section 3456(a) of title 10, United States Code, until the conditions described in subsection (b) are satisfied. (b) Conditions The conditions referred to in subsection (a) are the following: (1) The Secretary of Defense certifies that the Department of Defense has— (A) issued comprehensive Department-wide guidance implementing subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60; 139 Stat. 1245); and (B) amended the Defense Federal Acquisition Regulation Supplement to fully implement such subtitle. (2) The Secretary of Defense has developed and issued stricter guidance, including higher standards and criteria of evidence, for the approval of noncommercial item determinations (or commercial item exceptions) with respect to the following capabilities: (A) Software or software-intensive systems. (B) Autonomous systems, including unmanned platforms and associated enabling technologies. (C) Artificial intelligence, machine learning, or data analytics capabilities. (D) Cloud computing, data infrastructure, or digital platforms. (E) Cyber capabilities, including cybersecurity and cyber defense tools. (F) Other technology areas as the Secretary of Defense determines are characterized by significant commercial market participation. (c) Comptroller General review and certification requirement (1) Review required Not later than 180 days after the date on which the Secretary of Defense notifies the congressional defense committees that the conditions in subsection (b) have been met, the Comptroller General of the United States shall conduct and complete— (A) a review of the guidance issued pursuant to subsection (b)(1) to determine whether such guidance provides adequate implementation of subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2026; and (B) a review of a representative sample of noncommercial item determinations (or commercial item exceptions) made under the stricter guidance required by subsection (b)(2) to assess whether such determinations are supported by sufficient evidence and are not being approved through an insufficiently rigorous process. (2) Report The Comptroller General shall submit to the congressional defense committees a report on the findings of the reviews required by paragraph (1), including an assessment of the adequacy and rigor of the guidance and determination processes.