The Internet site maintained by the General Services Administration known as FedBizOps.gov, referred to in subsec. (k), probably means FedBizOpps.gov or fbo.gov, see 65 F.R. 50872.

2006—Subsec. (b)(1)(B). Pub. L. 109–163, § 833(b), inserted before semicolon “and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof)”.

Subsec. (b)(2), (3). Pub. L. 109–364, § 842(a)(3)(A), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “Specialty metals, including stainless steel flatware.”

Subsec. (c). Pub. L. 109–364, § 842(a)(3)(B), struck out “or specialty metals (including stainless steel flatware)” after “subsection (b)(1)”.

Subsec. (d)(3). Pub. L. 109–163, § 831, inserted “, or for,” after “perishable foods by”.

Subsec. (e). Pub. L. 109–364, § 842(a)(3)(C), struck out “Specialty Metals and” after “Exception for” in heading and “specialty metals or” after “procurement of” in introductory provisions.

Subsec. (k). Pub. L. 109–163, § 833(a), added subsec. (k).

2003—Subsec. (d). Pub. L. 108–136, § 826(1), struck out “Outside the United States” after “Procurements” in heading.

Subsec. (d)(1). Pub. L. 108–136, § 826(2), inserted “or procurements of any item listed in subsection (b)(1)(A), (b)(2), or (b)(3) in support of contingency operations” after “combat operations”.

Subsec. (d)(4). Pub. L. 108–136, § 826(3), added par. (4).

Subsec. (f). Pub. L. 108–136, § 827, substituted “Exceptions for Certain Other Commodities and Items.—Subsection (a) does not preclude the procurement of the following:

“(1) Foods”

Pub. L. 109–364, div. A, title VIII, § 842(a)(4)(B), Oct. 17, 2006, 120 Stat. 2337, provided that: “The amendments made by paragraph (3) [amending this section] shall take effect on the date occurring 30 days after the date of the enactment of this Act [Oct. 17, 2006].”

This section is popularly known as the “Berry Amendment”.

Pub. L. 110–181, div. A, title VIII, § 829, Jan. 28, 2008, 122 Stat. 229, provided that:

“(a) Authority To Procure.—The Secretary of Defense may procure fire resistant rayon fiber for the production of uniforms that is manufactured in a foreign country referred to in subsection (d) if the Secretary determines either of the following:

“(1) That fire resistant rayon fiber for the production of uniforms is not available from sources within the national technology and industrial base.

“(2) That—

“(A) procuring fire resistant rayon fiber manufactured from suppliers within the national technology and industrial base would result in sole-source contracts or subcontracts for the supply of fire resistant rayon fiber; and

“(B) such sole-source contracts or subcontracts would not be in the best interests of the Government or consistent with the objectives of section 2304 of title 10, United States Code.

“(b) Submission to Congress.—Not later than 30 days after making a determination under subsection (a), the Secretary shall submit to Congress a copy of the determination.

“(c) Applicability to Subcontracts.—The authority under subsection (a) applies with respect to subcontracts under Department of Defense contracts as well as to such contracts.

“(d) Foreign Countries Covered.—The authority under subsection (a) applies with respect to a foreign country that—

“(1) is a party to a defense memorandum of understanding entered into under section 2531 of title 10, United States Code; and

“(2) does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.

“(e) National Technology and Industrial Base Defined.—In this section, the term ‘national technology and industrial base’ has the meaning given that term in section 2500 of title 10, United States Code.

“(f) Sunset.—The authority under subsection (a) shall expire on the date that is five years after the date of the enactment of this Act [Jan. 28, 2008].”

Pub. L. 109–163, div. A, title VIII, § 832, Jan. 6, 2006, 119 Stat. 3388, provided that:

“(a) Training During Fiscal Year 2006.—The Secretary of Defense shall ensure that each member of the defense acquisition workforce who participates personally and substantially in the acquisition of textiles on a regular basis receives training during fiscal year 2006 on the requirements of section 2533a of title 10, United States Code (commonly referred to as the ‘Berry Amendment’), and the regulations implementing that section.

“(b) Inclusion of Information in New Training Programs.—The Secretary shall ensure that any training program developed or implemented after the date of the enactment of this Act [Jan. 6, 2006] for members of the defense acquisition workforce who participate personally and substantially in the acquisition of textiles on a regular basis includes comprehensive information on the requirements described in subsection (a).”

Pub. L. 108–287, title VIII, § 8118, Aug. 5, 2004, 118 Stat. 998, provided that: “Notwithstanding any other provision of law, section 2533a (f) of title 10, United States Code, shall hereafter not apply to any fish, shellfish, or seafood product. This section applies to contracts and subcontracts for the procurement of commercial items notwithstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430).”