Pub. L. 108-136, div. A, tit. VIII, subtit. B, pt. III, sec. 826
EXCEPTIONS TO BERRY AMENDMENT FOR CONTINGENCY OPERATIONS AND OTHER URGENT SITUATIONS.
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.”.