2023—Subsec. (b)(5). Pub. L. 118–31, § 832(a)(1), added par. (5).
Subsec. (h)(1). Pub. L. 118–31, § 832(a)(2)(A), substituted “Except with respect to purchases of flags of the United States, subsection (a)” for “Subsection (a)”.
Subsec. (h)(2), (3). Pub. L. 118–31, § 832(a)(2)(B), (C), added par. (2) and redesignated former par. (2) as (3).
2021—Pub. L. 116–283, § 1870(c)(2), renumbered section 2533a of this title as this section.
Subsec. (d)(4). Pub. L. 117–81, which directed substitution of “section 3204(a)(2)” for “section 2304(c)(2)”, could not be executed because of the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below.
Pub. L. 116–283, § 1883(b)(2), substituted “section 3204(a)(2)” for “section 2304(c)(2)”.
Subsec. (h). Pub. L. 116–283, § 817, amended subsec. (h) generally. Prior to amendment, text read as follows: “Subsection (a) does not apply to purchases for amounts not greater than the simplified acquisition threshold referred to in section 2304(g) of this title.”
2019—Subsec. (b)(3), (4). Pub. L. 116–92, § 854(a)(3), struck out pars. (3) and (4) which added stainless steel flatware and dinnerware to the list of covered items.
Pub. L. 116–92, § 854(a)(1), added pars. (3) and (4).
2018—Subsec. (i). Pub. L. 115–232 substituted “Products” for “Items” in heading and “commercial products” for “commercial items” in text.
2013—Subsec. (k). Pub. L. 112–239 substituted “FedBizOpps.gov” for “FedBizOps.gov”.
2011—Subsec. (b)(1)(C). Pub. L. 112–81 inserted “(and the structural components thereof)” after “tents”.
Subsec. (c). Pub. L. 111–383, § 847, substituted “subsection (b)” for “subsection (b)(1)”.
Subsec. (d)(1), (4). Pub. L. 111–383, § 1075(b)(38), substituted “(b)(1)(A) or (b)(2)” for “(b)(1)(A), (b)(2), or (b)(3)”.
Subsec. (i). Pub. L. 111–350 substituted “section 1906 of title 41” for “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)”.
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 “
“(1) Foods”
for “
Pub. L. 118–31, div. A, title VIII, § 832(b),
Amendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.
Amendment by sections 1870(c)(2) and 1883(b)(2) of Pub. L. 116–283 effective
Pub. L. 116–92, div. A, title VIII, § 854(a)(2),
Pub. L. 116–92, div. A, title VIII, § 854(a)(3),
Pub. L. 109–364, div. A, title VIII, § 842(a)(4)(B),
This section is popularly known as the “Berry Amendment”.
Pub. L. 118–47, div. A, title VIII, § 8037,
Similar provisions were contained in the following appropriation acts:
Pub. L. 117–328, div. C, title VIII, § 8037,
Pub. L. 117–103, div. C, title VIII, § 8038,
Pub. L. 113–66, div. A, title XVI, § 1601, “(a) The Inspector General of the Department of Defense shall conduct periodic audits of contracting practices and policies related to procurement under section 2533a of title 10, United States Code [now 10 U.S.C. 4862].“(b) The Inspector General of the Department of Defense shall ensure that findings and other information resulting from audits conducted pursuant to subsection (a) are included in the semiannual report transmitted to congressional committees under section 408(f)(1) of title 5, United States Code.”
Pub. L. 110–181, div. A, title VIII, § 829, “(a) 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 [see 10 U.S.C. 3201 et seq.].“(b) Not later than 30 days after making a determination under subsection (a), the Secretary shall submit to Congress a copy of the determination.“(c) The authority under subsection (a) applies with respect to subcontracts under Department of Defense contracts as well as to such contracts.“(d) 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 [now 10 U.S.C. 4851]; 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) 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 [now 10 U.S.C. 4801].”
Pub. L. 109–163, div. A, title VIII, § 832, “(a) 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 [now 10 U.S.C. 4862] (commonly referred to as the ‘Berry Amendment’), and the regulations implementing that section.“(b) The Secretary shall ensure that any training program developed or implemented after the date of the enactment of this Act [
Pub. L. 108–287, title VIII, § 8118,