§104. Commercially available off-the-shelf item
In this subtitle, the term “commercially available off-the-shelf item”—
(1) means an item that—
(A) is a commercial product (as described in section 103(1) of this title);
(B) is sold in substantial quantities in the commercial marketplace; and
(C) is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace; but
(2) does not include bulk cargo, as defined in section 40102(4) of title 46, such as agricultural products and petroleum products.
( Pub. L. 111-350, § 3 , Jan. 4, 2011 , 124 Stat. 3679 ; Pub. L. 115-232, div. A, title VIII, § 836(a)(2)(B) , Aug. 13, 2018 , 132 Stat. 1860 ; Pub. L. 116-283, div. A, title X, § 1081(d)(4)(A) , Jan. 1, 2021 , 134 Stat. 3874 .)
Historical and Revision Notes
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
104 | 41:431(c). | Pub. L. 93-400, § 35(c), as added Pub. L. 104-106, title XLII, § 4203(a), Feb. 10, 1996, 110 Stat. 655. |
In paragraph (2), the words “section 40102(4) of title 46” are substituted for “section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)” because of section 18(c) of Public Law 109–304 (46 U.S.C. note prec. 101).
Editorial Notes
Amendments
2021—Par. (1)(A). Pub. L. 116-283, § 1081(d)(4)(A), made technical correction to directory language of Pub. L. 115-232, § 836(a)(2)(B). See 2018 Amendment note below.
2018—Par. (1)(A). Pub. L. 115-232, as amended by Pub. L. 116-283, § 1081(d)(4)(A), substituted “commercial product” for “commercial item”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 116-283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(4)(A) to section 836(a)(2)(B) of Pub. L. 115-232, which amended this section, is effective as of Aug. 13, 2018, and as if included in Pub. L. 115-232.
Effective Date of 2018 Amendment
Amendment by Pub. L. 115-232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115-232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.