Page:United States Statutes at Large Volume 115 Part 2.djvu/205

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1189 on the implementation of subchapter VI of chapter 35 of title 31, United States Code (as added by subsection (a)). (2) Each report shall include— (A) a general description and evaluation of the steps taken by the heads of executive agencies to carry out the programs under such subchapter, including any management improvement programs carried out under section 3564 of such title 31; (B) the costs incurred by executive agencies to carry out the programs under such subchapter; and (C) the amounts recovered under the programs under such subchapter. (c) CONFORMING AMENDMENT.— Section 3501 of such title is amended by inserting "and subchapter VI" after "section 3513". SEC. 832. CODIFICATION AND MODIFICATION OF PROVISION OF LAW KNOWN AS THE "BERRY AMENDMENT". (a) BUY AMERICAN REQUIREMENTS.—(1) Chapter 148 of title 10, United States Code, is amended by inserting after section 2533 the following new section: '*§ 2533a. Requirement to buy certain articles from American sources; exceptions "(a) REQUIREMENT.— Except as provided in subsections (c) through (h), funds appropriated or otherwise available to the Department of Defense may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States. "(b) COVERED ITEMS.— An item referred to in subsection (a) is any of the following: "(1) An article or item of— "(A) food; "(B) clothing; "(C) tents, tarpaulins, or covers; "(D) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or "(E) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials. "(2) Specialty metals, including stainless steel flatware. "(3) Hand or measuring tools. "(c) AVAILABILITY EXCEPTION. —Subsection (a) does not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) or specialty metals (including stainless steel flatware) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices. "(d) EXCEPTION FOR CERTAIN PROCUREMENTS OUTSIDE THE UNITED STATES.— Subsection (a) does not apply to the following: "(1) Procurements outside the United States in support of combat operations.

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