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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle E--Other Matters

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

SEC. 847. NON-AVAILABILITY EXCEPTION FROM BUY AMERICAN REQUIREMENTS FOR PROCUREMENT OF HAND OR MEASURING TOOLS.

Section 2533a(c) of title 10, United States Code, is amended by striking `subsection (b)(1)' and inserting `subsection (b)'.

From S. 3454, National Defense Authorization Act for Fiscal Year 2011

SEC. 852. NON-AVAILABILITY EXCEPTION FROM BUY AMERICAN REQUIREMENTS FOR PROCUREMENT OF HAND OR MEASURING TOOLS.

Section 2533a(c) of title 10, United States Code, is amended by striking `subsection (b)(1)' and inserting `subsection (b)'.

The Senate committee-reported bill contained a provision (sec. 852) that would amend section 2533a of title 10, United States Code (known as the “Berry amendment”), to clarify that the non-availability exception in that section applies to hand and measuring tools.

The House bill contained no similar provision.

The agreement includes the provision.

From S. Rpt. 111-201, to accompany S. 3454, NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

Non-availability exception from Buy American requirements for procurement of hand or measuring tools (sec. 852)

The committee recommends a provision that would clarify that the domestic non-availability exception in the Berry amendment, section 2533a of title 10, United States Code, applies to the purchase of hand or measuring tools. This provision, which was requested by the Department of Defense, is needed to ensure that the Department has continued access to hand or measuring tools that are not available from domestic sources.