10 U.S.C. § 3457 | Treatment of certain products and services as commercial products and commercial services

(a)

Goods and Services Provided by Nontraditional Defense Contractors .—

section 3451(1) of this title section 3014 of this titleNotwithstanding , products and services provided by nontraditional defense contractors (as that term is defined in ) may be treated by the head of an agency as commercial products and commercial services, respectively, for purposes of this chapter.

(b)

Services Provided by Certain Nontraditional Contractors .—

section 3451(1) of this title section 3014 of this titleNotwithstanding , services provided by a business unit that is a nontraditional defense contractor (as that term is defined in ) shall be treated as commercial services for purposes of this chapter, to the extent that such services use the same pool of employees as used for commercial customers and are priced using methodology similar to methodology used for commercial pricing.

(c)

Commingled Items Purchased by Contractors .—

section 3451(1) of this titleNotwithstanding , items valued at less than $10,000 that are purchased by a contractor for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract shall be treated as a commercial product for purposes of this chapter.

Pub. L. 114–92, div. A, title VIII, § 857(a)Nov. 25, 2015129 Stat. 921 Pub. L. 114–328, div. A, title VIII, § 878(a)Dec. 23, 2016130 Stat. 2312 Pub. L. 115–232, div. A, title VIII, § 836(d)(6)Aug. 13, 2018132 Stat. 1868 Pub. L. 116–283, div. A, title XVIII, § 1821(a)(2)Jan. 1, 2021134 Stat. 4195 (Added , , , § 2380A; renumbered § 2380a and amended , (b)(1), , ; , (8)(F), , , 1869; renumbered § 3457 and amended , (b)(6), (7)(A), (B), , , 4196.)

Editorial Notes

Codification

Pub. L. 116–260 section 2380b of this title Pub. L. 114–328, div. A, title VIII, § 877(a)Dec. 23, 2016130 Stat. 2311 Pub. L. 115–232, div. A, title VIII, § 836(d)(7)Aug. 13, 2018132 Stat. 1868 Pub. L. 116–92, div. A, title XVII, § 1731(a)(47)Dec. 20, 2019133 Stat. 1815 Section 1821(a)(1), (2) of transferred chapter 140 of this title (§§ 2375 to 2380b) to this chapter and renumbered all the sections within it, except for final section 2380b. At that point, the last two sections of this chapter were this section (renumbered from section 2380a) followed by section 2380b. Section 1821(b)(7)(A) subsequently struck out “the heading of the final section of” this chapter, which was executed by incorporating the text of former section 2380b at the end of this section. The text of was based on , , ; , (8)(G), , , 1869; , , .

Prior Provisions

section 7191 of this titleA prior section 3491 was renumbered .

Pub. L. 90–235, § 1(a)(2)Jan. 2, 196881 Stat. 753 Prior sections 3492 and 3493 were repealed by , (b), , .

act Aug. 10, 1956, ch. 1041 70A Stat. 198 section 671a of this titleSection 3492, , , provided for extension of active service of Army members during war. See .

act Aug. 10, 1956, ch. 1041 70A Stat. 198 Section 3493, , , empowered the President to order commissioned officers of the Army Reserve to active duty with the Corps of Engineers.

Pub. L. 85–861, § 1(82)(A)Sept. 2, 195872 Stat. 1481 Pub. L. 86–559, § 1(20)June 30, 196074 Stat. 271 Pub. L. 96–513, title II, § 209(a)Dec. 12, 198094 Stat. 2884 Sept. 15, 1981section 12320 of this titleA prior section 3494, added , , ; amended , , , provided that a reserve commissioned officer who is ordered to active duty be ordered to that duty in his reserve grade unless the Secretary of the Army orders him to active duty, other than for training, in a higher temporary grade and authorized a reserve commissioned officer who is selected for participation in a program under which he will be ordered to active duty for at least one academic year at a civilian school or college to be ordered, upon his request, to that duty in a temporary grade that is lower than his reserve grade, without affecting his reserve grade, prior to repeal by , title VII, § 701, , , 2955, effective . See .

Pub. L. 103–337, div. A, title XVIOct. 5, 1994108 Stat. 2994 Dec. 1, 1994Prior sections 3495 to 3500 were repealed by , §§ 1662(f)(2), 1691, , , 3026, effective .

act Aug. 10, 1956, ch. 1041 70A Stat. 198 section 12401 of this titleSection 3495, , , provided that members of Army National Guard of United States were not in active Federal service except when ordered thereto under law. See .

act Aug. 10, 1956, ch. 1041 70A Stat. 198 Section 3496, , , authorized President to order commissioned officers of Army National Guard of United States to active duty in National Guard Bureau. See section 12402(a), (b)(1) of this title.

act Aug. 10, 1956, ch. 1041 70A Stat. 199 section 12403 of this titleSection 3497, , , provided that members of Army National Guard of United States ordered to active duty were to be ordered to duty as Reserves of Army. See .

act Aug. 10, 1956, ch. 1041 70A Stat. 199 section 12404 of this titleSection 3498, , , related to organization during initial mobilization of units of Army National Guard of United States ordered into active Federal service. See .

act Aug. 10, 1956, ch. 1041 70A Stat. 199 section 12405 of this titleSection 3499, , , related to application of laws governing Army to members of Army National Guard called into Federal service. See .

Aug. 10, 1956, ch. 1041 70A Stat. 199 Sept. 29, 1988Pub. L. 100–456, div. A, title XII, § 1234(a)(1)102 Stat. 2059 section 12406 of this titleSection 3500, acts , ; , , (3), , authorized President to call Army National Guard units and members into Federal service. See .

Amendments

Pub. L. 116–283, § 1821(a)(2)section 2380a of this title2021—, renumbered as this section.

Pub. L. 116–283, § 1821(b)(6)Subsecs. (a), (b). , substituted “section 3451(1)” for “section 2376(1)” and “section 3014” for “section 2302(9)”.

Pub. L. 116–283, § 1821(b)(7)(A)section 2380b of this titleSubsec. (c). , (B), transferred to this section and struck out section designation and catchline, designated text as subsec. (c) and inserted heading, and substituted “Notwithstanding section 3451(1)” for “Notwithstanding section 2376(1)”. See Codification note above.

Pub. L. 115–232, § 836(d)(8)(F)2018—, substituted “products and services as commercial products and commercial services” for “items as commercial items” in section catchline.

Pub. L. 115–232, § 836(d)(6)(A)Subsec. (a). , substituted “products and” for “items and” and “commercial products and commercial services, respectively,” for “commercial items”.

Pub. L. 115–232, § 836(d)(6)(B)Subsec. (b). , substituted “commercial services” for “commercial items”.

Pub. L. 114–328, § 878(b)(1)Section 2380A of title 102016—, which directed amendment of “” by striking out the section catchline and inserting “§ 2380a. Treatment of certain items as commercial items”, was executed by redesignating this section as section 2380a and substituting “Treatment of certain items as commercial items” for “Treatment of goods and services provided by nontraditional defense contractors as commercial items” in section catchline, to reflect the probable intent of Congress.

Pub. L. 114–328, § 878(a), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283 section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 2018 Amendment

Pub. L. 115–232Jan. 1, 2020section 836(h) of Pub. L. 115–232 section 453b of Title 6Amendment by effective , subject to a savings provision, see , set out as an Effective Date of 2018 Amendment; Savings Provision note under , Domestic Security.