Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 238410:1207.34:583.R.S. 3731. The words “Each contractor” are substituted for the words “Every person”. The word “his” is substituted for the words “the name of the contractor furnishing such supplies”. The words “of any kind” and “and distinguish [distinguished]” are omitted as surplusage. The word “may” is substituted for the word “shall”.
Codification Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments
2021—Pub. L. 116–283 renumbered
section 2384 of this title as this section. 2018—Subsec. (b)(2). Pub. L. 115–232 substituted “commercial products” for “commercial items”. 2011—Subsec. (b)(2). Pub. L. 111–350, § 5(b)(23)(A), substituted “
section 103 of title 41)” for “
section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))”. Subsec. (b)(3). Pub. L. 111–350, § 5(b)(23)(B), substituted “
section 134 of title 41)” for “
section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))”. 1996—Subsec. (b)(2). Pub. L. 104–106, § 4321(b)(12)(A), substituted “items (as” for “items, as” and inserted a closing parenthesis after “403(12))”. Subsec. (b)(3). Pub. L. 104–106, § 4321(b)(12)(B), inserted a closing parenthesis after “403(11))”. 1994—Subsec. (b)(2). Pub. L. 103–355, § 8105(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Paragraph (1) does not apply to a contract that requires the delivery of supplies that are commercial items sold in substantial quantities to the general public if the contract— “(A) provides for the acquisition of such supplies by the Department of Defense at established catalog or market prices; or “(B) is awarded through the use of competitive procedures.” Subsec. (b)(3). Pub. L. 103–355, § 4102(d), added par. (3). 1986—Subsec. (b). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, amended subsec. (b) identically, designating existing provision as par. (1), redesignating former pars. (1) to (3) as subpars. (A) to (C), respectively, and inserting in provision preceding subpar. (A) “(other than a contract described in paragraph (2))”, and adding par. (2). 1984—Pub. L. 98–525 amended section generally, substituting “identification of supplier and sources” for “marking with name of contractor” in section catchline, and, in text, substituting provisions designated subsec. (a) and relating to the marking of supplies, providing the national stock number for the supplies furnished, and the contractor’s identification number for requirement that each contractor furnishing supplies to a military department mark the supplies with his name in the manner directed by the Secretary of the Department and prohibition of receipt of supplies unless so marked and adding subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date
of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see
section 1801(d) of Pub. L. 116–283, set out as a note preceding
section 3001 of this title.
Effective Date
of 2018 AmendmentAmendment 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.
Effective Date
of 1996 AmendmentFor
Effective Date
and applicability of amendment by Pub. L. 104–106, see
section 4401 of Pub. L. 104–106, set out as a note under
section 2220 of this title.
Effective Date
of 1994 AmendmentFor
Effective Date
and applicability of amendment by Pub. L. 103–355, see
section 10001 of Pub. L. 103–355, set out as a note under
section 8752 of this title.
Effective Date
of 1986 Amendment Pub. L. 99–500, § 101(c) [title X, § 928(b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–156, Pub. L. 99–591, § 101(c) [title X, § 928(b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–156, and Pub. L. 99–661, Pub. L. 99–661, div. A, title IX, formerly title IV, § 928(b), Nov. 14, 1986, 100 Stat. 3936, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273, provided that: “The
Amendments
made by subsection (a) [amending this section] shall apply with respect to contracts entered into after the end of the 180-day period beginning on the date of the enactment of this Act [Oct. 18, 1986].”
Effective Date
of 1984 Amendment Pub. L. 98–525, title XII, § 1231(b), Oct. 19, 1984, 98 Stat. 2600, provided that: “The amendment made by subsection (a) [amending this section] shall take effect at the end of the one-year period beginning on the date of the enactment of this Act [Oct. 19, 1984].”