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Public Law 108-136

House Conference Report 108-354

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.'.

The Senate amendment contained a provision (sec. 831) that would clarify the requirements of section 2533a of title 10, United States Code, to facilitate timely purchases of products needed to support contingency operations and for other circumstances of unusual and compelling urgency when the use of procedures other than competitive procedures have been approved.

The House bill contained no similar provision.

The House recedes with an amendment to clarify that the provision would not apply to the procurement of textiles.

Senate Report 108-046

The committee recommends a provision that would clarify the requirements of section 2533a of title 10, United States Code, to facilitate timely purchases of products needed to support contingency operations and for other circumstances of unusual and compelling urgency when the use of procedures other than competitive procedures have been approved.