Page:United States Statutes at Large Volume 117.djvu/1567

 117 STAT. 1548

PUBLIC LAW 108–136—NOV. 24, 2003 (3) A discussion of the advisability of, and concepts for, meeting the future defense requirements of the United States for beryllium and maintaining a stable domestic industrial base of sources of beryllium through— (A) cooperative arrangements commonly referred to as public-private partnerships; (B) the administration of the National Defense Stockpile under the Strategic and Critical Materials Stock Piling Act; and (C) any other means that the Secretary identifies as feasible.

Part III—Other Domestic Source Requirements SEC. 826. EXCEPTIONS TO BERRY AMENDMENT FOR CONTINGENCY OPERATIONS AND OTHER URGENT SITUATIONS.

Section 2533a(d) of title 10, United States Code, is amended— (1) by striking ‘‘OUTSIDE THE UNITED STATES’’ in the subsection heading; (2) in paragraph (1), by inserting ‘‘or procurements of any item listed in subsection (b)(1)(A), (b)(2), or (b)(3) in support of contingency operations’’ after ‘‘in support of combat operations’’; and (3) by adding at the end the following new paragraph: ‘‘(4) Procurements of any item listed in subsection (b)(1)(A), (b)(2), or (b)(3) for which the use of procedures other than competitive procedures has been approved on the basis of section 2304(c)(2) of this title, relating to unusual and compelling urgency of need.’’. SEC. 827. INAPPLICABILITY OF BERRY AMENDMENT TO PROCUREMENTS OF WASTE AND BYPRODUCTS OF COTTON AND WOOL FIBER FOR USE IN THE PRODUCTION OF PROPELLANTS AND EXPLOSIVES.

Section 2533a(f) of title 10, United States Code, is amended— (1) by striking ‘‘(f) EXCEPTION’’ and all that follows through ‘‘the procurement of’’ and inserting the following: ‘‘(f) EXCEPTIONS FOR CERTAIN OTHER COMMODITIES AND ITEMS.—Subsection (a) does not preclude the procurement of the following: ‘‘(1)’’; (2) by capitalizing the initial letter of the word following ‘‘(1)’’, as added by paragraph (1); and (3) by adding at the end the following new paragraph: ‘‘(2) Waste and byproducts of cotton and wool fiber for use in the production of propellants and explosives.’’. SEC. 828. BUY AMERICAN EXCEPTION FOR BALL BEARINGS AND ROLLER BEARINGS USED IN FOREIGN PRODUCTS.

Section 2534(a)(5) of title 10, United States Code, is amended by inserting before the period at the end the following: ‘‘, except ball bearings and roller bearings being procured for use in an end product manufactured by a manufacturer that does not satisfy the requirements of subsection (b) or in a component part manufactured by such a manufacturer’’.

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