311 
(14) Section 3509(b) is amended by striking 
‘‘commercial items’’ and inserting ‘‘commercial prod-
ucts or commercial services’’. 
(15) Section 3704(c)(5) is amended by striking 
‘‘commercial item’’ and inserting ‘‘commercial prod-
uct’’. 
(16) Section 3901(b)(3) is amended by striking 
‘‘commercial items’’ and inserting ‘‘commercial prod-
ucts or commercial services’’. 
(17) Section 4301(2) is amended by striking 
‘‘commercial items’’ and inserting ‘‘commercial prod-
ucts or commercial services’’. 
(18)(A) Section 4505 is amended by striking 
‘‘commercial items’’ in subsections (a) and (c) and 
inserting ‘‘commercial products or commercial serv-
ices’’. 
(B)(i) The heading of such section is amended to 
read as follows: 
‘‘§ 4505. Payments for commercial products and com-
mercial services’’. 
(ii) The table of sections at the beginning of 
chapter 45 is amended by striking the item relating 
to section 4505 and inserting the following new item: 
‘‘4505. Payments for commercial products and commercial services.’’. 
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312 
(19) Section 4704(d) is amended by striking 
‘‘commercial items’’ both places it appears and insert-
ing ‘‘commercial products or commercial services’’. 
(20) 
Sections 
8102(a)(1), 
8703(d)(2), 
and 
8704(b) are amended by striking ‘‘commercial items 
(as defined in section 103 of this title)’’ and inserting 
‘‘commercial products or commercial services (as de-
fined in sections 103 and 103a, respectively, of this 
title)’’. 
(c) AMENDMENTS TO CHAPTER 137 OF TITLE 10, 
UNITED STATES CODE.—Chapter 137 of title 10, United 
States Code, is amended as follows: 
(1) Section 2302(3) is amended— 
(A) by redesignating subparagraphs (J), 
(K), and (L) as subparagraphs (K), (L), and 
(M); and 
(B) by striking subparagraph (I) and in-
serting the following new subparagraphs (I) and 
(J): 
‘‘(I) The term ‘commercial product’. 
‘‘(J) The term ‘commercial service’.’’. 
(2) Section 2304 is amended— 
(A) in subsections (c)(5) and (f)(2)(B), by 
striking ‘‘brand-name commercial item’’ and in-
serting ‘‘brand-name commercial product’’; 
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313 
(B) in subsection (g)(1)(B), by striking 
‘‘commercial items’’ and inserting ‘‘commercial 
products or commercial services’’; and 
(C) in subsection (i)(3), by striking ‘‘com-
mercial items’’ and inserting ‘‘commercial prod-
ucts’’. 
(3) Section 2305 is amended— 
(A) in subsection (a)(2), by striking ‘‘com-
mercial items’’ and inserting ‘‘commercial prod-
ucts or commercial services’’; and 
(B) in subsection (b)(5)(B)(v), by striking 
‘‘commercial item’’ and inserting ‘‘commercial 
product’’. 
(4) Section 2306(b) is amended by striking 
‘‘commercial items’’ and inserting ‘‘commercial prod-
ucts or commercial services’’. 
(5) Section 2306a is amended— 
(A) in subsection (b)— 
(i) in paragraph (1)(B), by striking ‘‘a 
commercial item’’ and inserting ‘‘a com-
mercial product or a commercial service’’; 
(ii) in paragraph (2)— 
(I) by striking ‘‘COMMERCIAL 
ITEMS’’ in the paragraph heading and 
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314 
inserting ‘‘COMMERCIAL PRODUCTS OR 
COMMERCIAL SERVICES’’; and 
(II) 
by 
striking 
‘‘commercial 
item’’ each place it appears and insert-
ing ‘‘commercial product or commer-
cial services’’; 
(iii) in paragraph (3)— 
(I) by striking ‘‘COMMERCIAL 
ITEMS’’ in the paragraph heading and 
inserting ‘‘COMMERCIAL
PRODUCTS’’; 
and 
(II) by striking ‘‘item’’ each place 
it appears and inserting ‘‘product’’; 
and 
(iv) in paragraph (4)— 
(I) by striking ‘‘COMMERCIAL 
ITEM’’ in the paragraph heading and 
inserting ‘‘COMMERCIAL PRODUCT OR 
COMMERCIAL SERVICE’’; 
(II) 
by 
striking 
‘‘commercial 
item’’ in subparagraph (A) after ‘‘ap-
plying the’’; 
(III) by striking ‘‘prior commer-
cial item determination’’ in subpara-
graph (A) and inserting ‘‘prior com-
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315 
mercial product or commercial service 
determination’’; 
(IV) by striking ‘‘of such item’’ in 
subparagraph (A) and inserting ‘‘of 
such product or service’’; 
(V) by striking ‘‘of an item pre-
viously determined to be a commercial 
item’’ in subparagraph (B) and insert-
ing ‘‘of a product or service previously 
determined to be a commercial product 
or a commercial service’’; 
(VI) by striking ‘‘of a commercial 
item,’’ in subparagraph (B) and in-
serting ‘‘of a commercial product or a 
commercial service, as the case may 
be,’’; 
(VII) by striking ‘‘the commercial 
item determination’’ in subparagraph 
(B) and inserting ‘‘the commercial 
product or commercial service deter-
mination’’; and 
(VIII) by striking ‘‘commercial 
item’’ in subparagraph (C); and 
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316 
(v) in paragraph (5), by striking 
‘‘commercial items’’ and inserting ‘‘com-
mercial products or commercial services’’; 
(B) in subsection (d)(2), by striking ‘‘com-
mercial items’’ each place it appears and insert-
ing ‘‘commercial products or commercial serv-
ices’’; and 
(C) in subsection (h)— 
(i) in paragraph (2), by striking ‘‘com-
mercial items’’ and inserting ‘‘commercial 
products or commercial services’’; and 
(ii) by striking paragraph (3). 
(6) Section 2307(f) is amended— 
(A) by striking ‘‘COMMERCIAL ITEMS’’ in 
the subsection heading and inserting ‘‘COMMER-
CIAL PRODUCTS AND COMMERCIAL SERVICES’’; 
and 
(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 
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317 
(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 striking 
‘‘commercial items’’ and inserting ‘‘commercial prod-
ucts or commercial services’’. 
(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— 
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318 
(A) in subsection (a), by striking ‘‘commer-
cial item’’ in paragraphs (1) and (2) and insert-
ing ‘‘commercial product or commercial service’’; 
(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— 
(A) by striking ‘‘terms ‘commercial item’,’’ 
and inserting ‘‘terms ‘commercial product’, ‘com-
mercial 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)— 
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319 
(i) in paragraph (2), by striking ‘‘com-
mercial items or, to the extent that commer-
cial items suitable to meet the agency’s 
needs are not available, nondevelopmental 
items other than commercial items’’ and in-
serting ‘‘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 commercial products’’; and 
(ii) in paragraph (3), by striking 
‘‘commercial items and nondevelopmental 
items other than commercial items’’ and in-
serting ‘‘commercial services, commercial 
products, and nondevelopmental items other 
than commercial products’’; 
(B) in subsection (b)— 
(i) in paragraphs (1) and (2), by strik-
ing ‘‘commercial items or nondevelopmental 
items other than commercial items’’ and in-
serting ‘‘commercial services, commercial 
products, or nondevelopmental items other 
than commercial products’’; 
(ii) in paragraphs (3) and (4), by 
striking ‘‘commercial items or, to the extent 
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320 
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 
(iii) in paragraphs (5) and (6), by 
striking ‘‘commercial items’’ and inserting 
‘‘commercial products and commercial serv-
ices’’; 
(C) in subsection (c)— 
(i) in paragraph (2), by striking ‘‘com-
mercial items or, to the extent that commer-
cial items suitable to meet the agency’s 
needs are not available, nondevelopmental 
items other than commercial items’’ and in-
serting ‘‘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 commercial products’’; and 
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321 
(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 
(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 
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322 
(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 com-
mercial 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; 
(ii) by striking ‘‘an item’’ each place it 
appears and inserting ‘‘a product or serv-
ice’’; 
(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 insert-
ing ‘‘such product or service’’; and 
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323 
(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 ‘‘commer-
cial items’’ and inserting ‘‘commercial services’’. 
(7) Section 2380B is amended by striking ‘‘com-
mercial item’’ and inserting ‘‘commercial product’’. 
(8) AMENDMENTS TO HEADINGS, ETC.— 
(A) The heading of such chapter is amended 
to read as follows: 
‘‘CHAPTER 140—PROCUREMENT OF COM-
MERCIAL PRODUCTS AND COMMER-
CIAL SERVICES’’. 
(B) The heading of section 2375 is amended 
to read as follows: 
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324 
‘‘§ 2375. Relationship of other provisions of law to pro-
curement of commercial products and 
commercial services’’. 
(C) The heading of section 2377 is amended 
to read as follows: 
‘‘§ 2377. Preference for commercial products and com-
mercial services’’. 
(D) The heading of section 2379 is amended 
to read as follows: 
‘‘§ 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 amended 
to read as follows: 
‘‘§ 2380. Commercial product and commercial service 
determinations by Department of De-
fense’’. 
(F) The heading of section 2380a is amend-
ed 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: 
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