Public Law 119-73 (01/23/2026)

41 U.S.C. § 104

Commercially available off-the-shelf item

In this subtitle, the term “commercially available off-the-shelf item”—
(1)
means an item that—
(A)
section 103(1) of this title is a commercial product (as described in );
(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)
section 40102(4) of title 46 does not include bulk cargo, as defined in , such as agricultural products and petroleum products.

Pub. L. 111–350, § 3124 Stat. 3679Pub. L. 115–232, div. A, title VIII, § 836(a)(2)(B)132 Stat. 1860Pub. L. 116–283, div. A, title X, § 1081(d)(4)(A)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.

section 40102(4) of title 46section 18(c) of Public Law 109–304In paragraph (2), the words “” are substituted for “section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)” because of (46 U.S.C. note prec. 101).

Editorial Notes

Amendments

Pub. L. 116–283, § 1081(d)(4)(A)Pub. L. 115–232, § 836(a)(2)(B)2021—Par. (1)(A). , made technical correction to directory language of . See 2018 Amendment note below.

Pub. L. 115–232Pub. L. 116–283, § 1081(d)(4)(A)2018—Par. (1)(A). , as amended by , 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)134 Stat. 3873section 836(a)(2)(B) of Pub. L. 115–232Pub. L. 115–232, , , provided that the amendment made by section 1081(d)(4)(A) to , which amended this section, is effective as of , and as if included in .

Effective Date of 2018 Amendment

Pub. L. 115–232section 836(h) of Pub. L. 115–232section 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.