10 U.S.C. § 2533a (ARMED FORCES)
[§ 2533a. Renumbered § 4862]
heading: Periodic Audits of Contracting Compliance by Inspector General of Department of Defense
text: Pub. L. 113–66, div. A, title XVI, § 1601, Dec. 26, 2013, 127 Stat. 941, provided that:
“(a) Requirement for Periodic Audits of Contracting Compliance.—
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) Requirement for Additional Information in Semiannual Reports.—
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 8(f)(1) of the Inspector General Act of 1978 (5 U.S.C. App.).”
heading: Fire Resistant Rayon Fiber
text: Pub. L. 111–383, div. A, title VIII, § 821(b), Jan. 7, 2011, 124 Stat. 4268, provided that: “No solicitation issued before January 1, 2015, by the Department of Defense may include a requirement that proposals submitted pursuant to such solicitation must include the use of fire resistant rayon fiber.”
Pub. L. 110–181, div. A, title VIII, § 829, Jan. 28, 2008, 122 Stat. 229, as amended by Pub. L. 111–383, div. A, title VIII, § 821(a), Jan. 7, 2011, 124 Stat. 4267; Pub. L. 112–81, div. A, title VIII, § 822, Dec. 31, 2011, 125 Stat. 1502, 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 [now 10 U.S.C. 3201 et seq.].
“(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 [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) 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 [now 10 U.S.C. 4801].”
heading: Training for Defense Acquisition Workforce on the Requirements of the Berry Amendment
text: 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 [now 10 U.S.C. 4862] (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).”
heading: Application of Exception to Seafood Products
text: Pub. L. 108–287, title VIII, § 8118, Aug. 5, 2004, 118 Stat. 998, as amended by Pub. L. 113–291, div. A, title X, § 1071(b)(4), Dec. 19, 2014, 128 Stat. 3506; Pub. L. 116–283, div. A, title XVIII, § 1870(c)(6)(B), Jan. 1, 2021, 134 Stat. 4285, provided that: “Notwithstanding any other provision of law, section 4862(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 1906 of title 41, United States Code.”