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(B) by striking ‘‘commercial items’’ in 
paragraphs (1) and (2) and inserting ‘‘commer-
cial products and commercial services’’. 
(7) Section 2320(b) is amended— 
(A) in paragraph (1), by striking ‘‘a com-
mercial item, the item’’ and inserting ‘‘a com-
mercial product, the product’’; and 
(B) in paragraph (9)(A), by striking ‘‘any 
noncommercial item or process’’ and inserting 
‘‘any noncommercial product or process’’. 
(8) Section 2321(f) is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘commercial items’’ 
and inserting ‘‘commercial products’’; and 
(ii) by striking ‘‘the item’’ both places 
it appears and inserting ‘‘commercial prod-
ucts’’; and 
(B) in paragraph (2)(A), in clauses (i) and 
(ii), by striking ‘‘commercial item’’ and insert-
ing ‘‘commercial product’’. 
(9) Section 2324(l)(1)(A) is amended by strik-
ing ‘‘commercial items’’ and inserting ‘‘commercial 
products or commercial services’’. 
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(10) Section 2335(b) is amended by striking 
‘‘commercial items’’ and inserting ‘‘commercial prod-
ucts and commercial services’’. 
(d) AMENDMENTS TO CHAPTER 140 OF TITLE 10, 
UNITED STATES CODE.—Chapter 140 of title 10, United 
States Code, is amended as follows: 
(1) Section 2375 is amended— 
(A) in subsection (a), by striking ‘‘commer-
cial item’’ in paragraphs (1) and (2) and insert-
ing ‘‘commercial product or commercial serv-
ice’’; 
(B) in subsections (b) and (c)— 
(i) by striking ‘‘COMMERCIAL ITEMS’’ 
in the subsection heading and inserting 
‘‘COMMERCIAL PRODUCTS
AND COMMER-
CIAL SERVICES’’; and 
(ii) by striking ‘‘commercial items’’ 
each place it appears and inserting ‘‘com-
mercial products and commercial services’’; 
and 
(C) in subsection (e)(3), by striking ‘‘com-
mercial items’’ and inserting ‘‘commercial prod-
ucts and commercial services’’. 
(2) Section 2376(1) is amended— 
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(A) by striking ‘‘terms ‘commercial item’,’’ 
and inserting ‘‘terms ‘commercial product’, 
‘commercial service’,’’; and 
(B) by striking ‘‘chapter 1 of title 41’’ and 
inserting ‘‘sections 103, 103a, 110, 105, and 
102, respectively, of title 41’’. 
(3) Section 2377 is amended— 
(A) in subsection (a)— 
(i) in paragraph (2), by striking 
‘‘commercial items or, to the extent that 
commercial items suitable to meet the 
agency’s needs are not available, non-
developmental items other than commercial 
items’’ and inserting ‘‘commercial services 
or commercial products or, to the extent 
that commercial products suitable to meet 
the agency’s needs are not available, non-
developmental items other than commercial 
products’’; and 
(ii) in paragraph (3), by striking 
‘‘commercial items and nondevelopmental 
items other than commercial items’’ and 
inserting ‘‘commercial services, commercial 
products, 
and 
nondevelopmental 
items 
other than commercial products’’; 
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(B) in subsection (b)— 
(i) in paragraphs (1) and (2), by 
striking ‘‘commercial items or nondevelop-
mental items other than commercial items’’ 
and inserting ‘‘commercial services, com-
mercial products, or nondevelopmental 
items other than commercial products’’; 
(ii) in paragraphs (3) and (4), by 
striking ‘‘commercial items or, to the ex-
tent that commercial items suitable to 
meet the agency’s needs are not available, 
nondevelopmental items other than com-
mercial items’’ and inserting ‘‘commercial 
services or commercial products or, to the 
extent that commercial products suitable to 
meet the agency’s needs are not available, 
nondevelopmental items other than com-
mercial products’’; and 
(iii) in paragraphs (5) and (6), by 
striking ‘‘commercial items’’ and inserting 
‘‘commercial 
products 
and 
commercial 
services’’; 
(C) in subsection (c)— 
(i) in paragraph (2), by striking 
‘‘commercial items or, to the extent that 
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commercial items suitable to meet the 
agency’s needs are not available, non-
developmental items other than commercial 
items’’ and inserting ‘‘commercial services 
or commercial products or, to the extent 
that commercial products suitable to meet 
the agency’s needs are not available, non-
developmental items other than commercial 
products’’; and 
(ii) in paragraph (4), by striking 
‘‘items other than commercial items’’ and 
inserting ‘‘products other than commercial 
products or services other than commercial 
services’’; 
(D) in subsection (d)— 
(i) in the first sentence, by striking 
‘‘commercial items’’ and inserting ‘‘com-
mercial products or commercial services’’; 
(ii) in paragraph (1), by striking 
‘‘items’’ and inserting ‘‘products or serv-
ices’’; and 
(iii) in paragraph (2), by striking 
‘‘items’’ and inserting ‘‘products or serv-
ices’’; and 
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(E) in subsection (e)(1), by striking ‘‘com-
mercial items’’ and inserting ‘‘commercial prod-
ucts and commercial services’’. 
(4) Section 2379 is amended— 
(A) by striking ‘‘COMMERCIAL ITEMS’’ in 
the headings of subsections (b) and (c) and in-
serting ‘‘COMMERCIAL PRODUCTS’’; 
(B) in subsections (a)(1)(A), (b)(2), and 
(c)(1)(B), by striking ‘‘, as defined in section 
103 of title 41’’; and 
(C) by striking ‘‘commercial item’’ and 
‘‘commercial items’’ each place they appear and 
inserting ‘‘commercial product’’ and ‘‘commer-
cial products’’, respectively. 
(5) Section 2380 is amended— 
(A) in subsection (a), by striking ‘‘commer-
cial item determinations’’ in paragraphs (1) and 
(2) and inserting ‘‘commercial product and 
commercial service determinations’’; and 
(B) in subsection (b) (as added by section 
848 of the National Defense Authorization Act 
for Fiscal Year 2018)— 
(i) by striking ‘‘ITEM’’ in the sub-
section heading; 
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(ii) by striking ‘‘an item’’ each place 
it appears and inserting ‘‘a product or 
service’’; 
(iii) by striking ‘‘item’’ after ‘‘using 
commercial’’ each place it appears; 
(iv) by striking ‘‘prior commercial 
item determination’’ and inserting ‘‘prior 
commercial product or service determina-
tion’’; 
(v) by striking ‘‘such item’’ and in-
serting ‘‘such product or service’’; and 
(vi) by striking ‘‘the item’’ both places 
it appears and inserting ‘‘the product or 
service’’. 
(6) Section 2380a is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘items and’’ and insert-
ing ‘‘products and’’; and 
(ii) by striking ‘‘commercial items’’ 
and inserting ‘‘commercial products and 
commercial services, respectively,’’; and 
(B) in subsection (b), by striking ‘‘com-
mercial items’’ and inserting ‘‘commercial serv-
ices’’. 
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(7) Section 2380B is amended by striking 
‘‘commercial item’’ and inserting ‘‘commercial prod-
uct’’. 
(8) AMENDMENTS TO HEADINGS, ETC.— 
(A) The heading of such chapter is amend-
ed to read as follows: 
‘‘CHAPTER 140—PROCUREMENT OF COM-
MERCIAL PRODUCTS AND COMMER-
CIAL SERVICES’’. 
(B) The heading of section 2375 is amend-
ed to read as follows: 
‘‘§ 2375. Relationship of other provisions of law to 
procurement of commercial products and 
commercial services’’. 
(C) The heading of section 2377 is amend-
ed to read as follows: 
‘‘§ 2377. Preference for commercial products and 
commercial services’’. 
(D) The heading of section 2379 is amend-
ed to read as follows: 
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‘‘§ 2379. Procurement of a major weapon system as a 
commercial 
product: 
requirement 
for 
prior determination by Secretary of De-
fense and notification to Congress’’. 
(E) The heading of section 2380 is amend-
ed to read as follows: 
‘‘§ 2380. Commercial product and commercial service 
determinations by Department of De-
fense’’. 
(F) The heading of section 2380a is 
amended to read as follows: 
‘‘§ 2380a. Treatment of certain products and services 
as commercial products and commercial 
services’’. 
(G) Section 2380B is redesignated as sec-
tion 2380b and the heading of that section is 
amended to read as follows: 
‘‘§ 2380b. Treatment of commingled items purchased 
by contractors as commercial products’’. 
(H) The table of sections at the beginning 
of such chapter is amended to read as follows: 
‘‘2375. Relationship of other provisions of law to procurement of commercial 
products and commercial services. 
‘‘2376. Definitions. 
‘‘2377. Preference for commercial products and commercial services. 
‘‘2379. Procurement of a major weapon system as a commercial product: re-
quirement for prior determination by Secretary of Defense and 
notification to Congress. 
‘‘2380. Commercial product and commercial service determinations by Depart-
ment of Defense. 
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service’ have the meanings given those terms in 
sections 103 and 103a, respectively, of title 
41.’’. 
(5) Section 2408(a)(4)(B) is amended by strik-
ing ‘‘commercial items (as defined in section 103 of 
title 41)’’ and inserting ‘‘commercial products or 
commercial services (as defined in sections 103 and 
103a, respectively, of title 41)’’. 
(6) Section 2410b(c) is amended by striking 
‘‘commercial items’’ and inserting ‘‘commercial prod-
ucts’’. 
(7) Section 2410g(d)(1) is amended by striking 
‘‘Commercial items (as defined in section 103 of title 
41)’’ and inserting ‘‘Commercial products or com-
mercial services (as defined in sections 103 and 
103a, respectively, of title 41)’’. 
(8) Section 2447a is amended— 
(A) in subsection (a)(2), by striking ‘‘com-
mercial items and technologies’’ and inserting 
‘‘commercial products and technologies’’; and 
(B) in subsection (c), by inserting before 
the period at the end the following: ‘‘and the 
term ‘commercial product’ has the meaning 
given that term in section 103 of title 41’’. 
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(9) Section 2451(d) is amended by striking 
‘‘commercial items’’ and inserting ‘‘commercial prod-
ucts (as defined in section 103 of title 41)’’. 
(10) Section 2464 is amended— 
(A) in subsection (a)— 
(i) in paragraph (3), by striking 
‘‘commercial items’’ and inserting ‘‘com-
mercial products or commercial services’’; 
and 
(ii) in paragraph (5), by striking ‘‘The 
commercial items covered by paragraph (3) 
are commercial items’’ and inserting ‘‘The 
commercial products or commercial serv-
ices covered by paragraph (3) are commer-
cial products (as defined in section 103 of 
title 41) or commercial services (as defined 
in section 103a of such title)’’; and 
(B) in subsection (c)— 
(i) by striking ‘‘COMMERCIAL ITEMS’’ 
in the subsection heading and inserting 
‘‘COMMERCIAL
PRODUCTS
OR
COMMER-
CIAL SERVICES’’; and 
(ii) by striking ‘‘commercial item’’ and 
inserting ‘‘commercial product or commer-
cial service’’. 
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(11) Section 2484(f) is amended— 
(A) by striking ‘‘COMMERCIAL ITEMS’’ in 
the subsection heading and inserting ‘‘COMMER-
CIAL PRODUCTS’’; and 
(B) by striking ‘‘commercial item’’ and in-
serting ‘‘commercial product’’. 
(12) The items relating to chapter 140 in the 
tables of chapters at the beginning of subtitle A, and 
at the beginning of part IV of subtitle A, are amend-
ed to read as follows: 
‘‘140. Procurement of Commercial Products and Com-
mercial Services ..................................................... 2377’’. 
(f) AMENDMENTS TO PROVISIONS OF NATIONAL DE-
FENSE AUTHORIZATION ACTS.— 
(1) Section 806(b) of the National Defense Au-
thorization Act for Fiscal Years 1992 and 1993 
(Public Law 102–190; 10 U.S.C. 2302 note) is 
amended by striking ‘‘commercial items (as defined 
in section 103 of title 41, United States Code)’’ and 
inserting ‘‘commercial products or commercial serv-
ices (as defined in sections 103 and 103a, respec-
tively, of title 41, United States Code)’’. 
(2) Section 821(e) of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 
2001 (as enacted into law by Public Law 106–398; 
10 U.S.C. 2302 note) is amended— 
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(A) by striking paragraph (2); and 
(B) by redesignating paragraph (3) as 
paragraph (2). 
(3) Section 821(b) of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 
110–181; 10 U.S.C. 2304 note) is amended— 
(A) in paragraph (1), by striking ‘‘a com-
mercial item’’ and inserting ‘‘a commercial 
product or a commercial service’’; 
(B) in paragraph (2), by striking ‘‘com-
mercial item’’ and inserting ‘‘commercial prod-
uct’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) The term ‘commercial service’ has the 
meaning provided by section 103a of title 41, United 
States Code.’’. 
(4) Section 817(d) of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003 
(Public Law 107–314; 10 U.S.C. 2306a note) is 
amended— 
(A) in paragraph (1), by striking ‘‘com-
mercial item exceptions’’ and inserting ‘‘com-
mercial product-commercial service exceptions’’; 
and 
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(B) in paragraph (2), by striking ‘‘com-
mercial item exception’’ and inserting ‘‘commer-
cial product-commercial service exception’’; 
(5) Section 852(b)(2)(A)(ii) of the National De-
fense Authorization Act for Fiscal Year 2007 (Pub-
lic Law 109–364; 10 U.S.C. 2324 note) is amended 
by striking ‘‘a commercial item, as defined in section 
103 of title 41’’ and inserting ‘‘a commercial prod-
uct or a commercial service, as defined in sections 
103 and 103a, respectively, of title 41’’. 
(6) Section 805 of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 
110–181; 10 U.S.C. 2330 note) is amended— 
(A) in subsection (b), by striking ‘‘com-
mercial items’’ in paragraphs (1) and (2)(A) 
and inserting ‘‘commercial services’’; and 
(B) in subsection (c)— 
(i) by striking ‘‘ITEM’’ in the headings 
for paragraphs (1) and (2) and inserting 
‘‘SERVICES’’; 
(ii) in the matter in paragraph (1) 
preceding subparagraph (A), by striking 
‘‘commercial item’’ and inserting ‘‘commer-
cial service’’; 
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(iii) in paragraph (1)(A), by striking 
‘‘a commercial item, as described in section 
103(5) of title 41’’ and inserting ‘‘a serv-
ice, as described in section 103a(1) of title 
41’’; 
(iv) in paragraph (1)(C)(i), by strik-
ing ‘‘section 103(6) of title 41’’ and insert-
ing ‘‘section 103a(2) of title 41’’; and 
(v) in paragraph (2), by striking 
‘‘item’’ and inserting ‘‘service’’. 
(7) Section 849(d) of the National Defense Au-
thorization Act for Fiscal Year 2017 (Public Law 
114–328; 10 U.S.C. 2377 note) is amended— 
(A) by striking ‘‘commercial items’’ in 
paragraph (1) and inserting ‘‘commercial prod-
ucts’’; 
(B) by striking ‘‘commercial item’’ in para-
graph (3)(B)(i) and inserting ‘‘commercial 
product’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) DEFINITION.—In this subsection, the term 
‘commercial product’ has the meaning given that 
term in section 103 of title 41.’’. 
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(D) in subsection (e)(2), by striking 
‘‘item’’ in subparagraphs (A) and (B) and in-
serting ‘‘products’’. 
(10) Section 880 of the National Defense Au-
thorization Act for Fiscal Year 2017 (Public Law 
114–328; 41 U.S.C. 3301 note) is amended by strik-
ing ‘‘commercial items’’ in subsection (a)(1) and in-
serting ‘‘commercial products’’. 
(g) CONFORMING AMENDMENTS TO OTHER STAT-
UTES.— 
(1) Section 604(g) of the American Recovery 
and Reinvestment Act of 2009 (6 U.S.C. 453b(g)) 
is amended— 
(A) by striking ‘‘COMMERCIAL ITEMS’’ in 
the subsection heading and inserting ‘‘COMMER-
CIAL PRODUCTS’’; 
(B) by striking ‘‘procurement of commer-
cial’’ in the first sentence and all that follows 
through ‘‘items listed’’ and inserting ‘‘procure-
ment of commercial products notwithstanding 
section 1906 of title 41, United States Code, 
with the exception of commercial products list-
ed’’; and 
(C) in the second sentence— 
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(i) by inserting ‘‘product’’ after ‘‘com-
mercial’’; and 
(ii) by striking ‘‘in the’’ and all that 
follows and inserting ‘‘in section 103 of 
title 41, United States Code.’’. 
(2) Section 142 of the Higher Education Act of 
1965 (20 U.S.C. 1018a) is amended— 
(A) in subsection (e)— 
(i) by striking ‘‘COMMERCIAL ITEMS’’ 
in the subsection heading and inserting 
‘‘COMMERCIAL PRODUCTS
AND COMMER-
CIAL SERVICES’’; 
(ii) by striking ‘‘that commercial 
items’’ and inserting ‘‘that commercial 
products or commercial services’’; 
(iii) by striking ‘‘special rules for com-
mercial items’’ and inserting ‘‘special rules 
for commercial products and commercial 
services’’; 
(iv) by striking ‘‘without regard to— 
’’ and all that follows through ‘‘dollar limi-
tation’’ and inserting ‘‘without regard to 
any dollar limitation’’; 
(v) by striking ‘‘; and’’ and inserting 
a period; and 
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(vi) by striking paragraph (2); 
(B) in subsection (f)— 
(i) by striking ‘‘ITEMS’’ in the sub-
section heading and inserting ‘‘PRODUCTS 
AND SERVICES’’; 
(ii) by striking ‘‘ITEMS’’ in the head-
ing of paragraph (2) and inserting ‘‘PROD-
UCTS AND SERVICES’’; and 
(iii) by striking ‘‘a commercial item’’ 
in paragraph (2) and inserting ‘‘a commer-
cial product or a commercial service’’; 
(C) in subsection (h)— 
(i) by striking ‘‘ITEMS’’ in the sub-
section heading and inserting ‘‘SERVICES’’; 
and 
(ii) by striking ‘‘commercial items’’ in 
paragraph (1) and inserting ‘‘commercial 
services’’; and 
(D) in subsection (l)— 
(i) by redesignating paragraphs (2), 
(3), (4), and (5) as paragraphs (3), (4), 
(5), and (6), respectively; 
(ii) by striking paragraph (1) and in-
serting the following new paragraphs: 
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‘‘(1) COMMERCIAL PRODUCT.—The term ‘com-
mercial product’ has the meaning given the term in 
section 103 of title 41, United States Code. 
‘‘(2) COMMERCIAL SERVICE.—The term ‘com-
mercial service’ has the meaning given the term in 
section 103a of title 41, United States Code.’’; 
(iii) in paragraph (3), as so redesig-
nated, by striking ‘‘in section’’ and all that 
follows and inserting ‘‘in section 152 of 
title 41, United States Code.’’; 
(iv) in paragraph (5), as so redesig-
nated— 
(I) by striking ‘‘COMMERCIAL 
ITEMS’’ in the paragraph heading and 
inserting ‘‘COMMERCIAL
PRODUCTS 
AND COMMERCIAL SERVICES’’; 
(II) 
by 
striking 
‘‘commercial 
items’’ and inserting ‘‘commercial 
products and commercial services’’; 
and 
(III) by striking ‘‘pursuant to’’ 
and all that follows and inserting 
‘‘pursuant to sections 1901 and 
3305(a) of title 41, United States 
Code.’’; and 
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(v) in paragraph (6), as so redesig-
nated, by striking ‘‘pursuant to’’ and all 
that follows and inserting ‘‘pursuant to 
sections 1901(a)(1) and 3305(a)(1) of title 
41, United States Code.’’. 
(3) Section 3901(a)(4)(A)(ii)(II) of title 31, 
United States Code, is amended by striking ‘‘com-
mercial item’’ and inserting ‘‘commercial product’’. 
(4) Section 2455(c)(1) of the Federal Acquisi-
tion Streamlining Act of 1994 (31 U.S.C. 6101 
note) is amended by striking ‘‘commercial items’’ 
and inserting ‘‘commercial products’’. 
(5) Section 508(f) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1368(f)) is amended— 
(A) in paragraph (1), by striking ‘‘com-
mercial items’’ and inserting ‘‘commercial prod-
ucts or commercial services’’; and 
(B) in paragraph (2), by striking ‘‘the 
term’’ and all that follows and inserting ‘‘the 
terms ‘commercial product’ and ‘commercial 
service’ have the meanings given those terms in 
sections 103 and 103a, respectively, of title 41, 
United States Code.’’. 
(6) Section 3707 of title 40, United States 
Code, is amended by striking ‘‘a commercial item (as 
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defined in section 103 of title 41)’’ and inserting ‘‘a 
commercial product (as defined in section 103 of 
title 41) or a commercial service (as defined in sec-
tion 103a of title 41)’’. 
(7) Subtitle III of title 40, United States Code, 
is amended— 
(A) in section 11101(1), by striking ‘‘COM-
MERCIAL
ITEM.—The term ‘commercial item’ 
has’’ and inserting ‘‘COMMERCIAL PRODUCT.— 
The term ‘commercial product’ has’’; and 
(B) in section 11314(a)(3), by striking 
‘‘items’’ each place it appears and inserting 
‘‘products’’. 
(8) Section 8301(g) of the Federal Acquisition 
Streamlining Act of 1994 (42 U.S.C. 7606 note) is 
amended by striking ‘‘commercial items’’ and insert-
ing ‘‘commercial products or commercial services’’. 
(9) Section 40118(f) of title 49, United States 
Code, is amended— 
(A) in paragraph (1), by striking ‘‘com-
mercial items’’ and inserting ‘‘commercial prod-
ucts’’; and 
(B) in paragraph (2), by striking ‘‘com-
mercial item’’ and inserting ‘‘commercial prod-
uct’’. 
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HR 5515 PCS
(10) Chapter 501 of title 51, United States 
Code, is amended— 
(A) in section 50113(c)— 
(i) by striking ‘‘COMMERCIAL ITEM’’ 
in the subsection heading and inserting 
‘‘COMMERCIAL PRODUCT OR COMMERCIAL 
SERVICE’’; and 
(ii) by striking ‘‘commercial item’’ in 
the second sentence and inserting ‘‘com-
mercial product or commercial service’’; 
and 
(B) in section 50115(b)— 
(i) by striking ‘‘COMMERCIAL ITEM’’ 
in the subsection heading and inserting 
‘‘COMMERCIAL PRODUCT OR COMMERCIAL 
SERVICE’’; and 
(ii) by striking ‘‘commercial item’’ in 
the second sentence and inserting ‘‘com-
mercial product or commercial service’’; 
and 
(C) in section 50132(a)— 
(i) by striking ‘‘COMMERCIAL ITEM’’ 
in the subsection heading and inserting 
‘‘COMMERCIAL SERVICE’’; and 
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