Applicability of Berry Amendment to procurement of certain seafood

(a) In general Section 4862(g) of title 10, United States Code, is amended— (1) by striking Subsection (a) and inserting (1) Except as provided in paragraph (2), subsection (a); and (2) by adding at the end the following new paragraph: (2) (A) Paragraph (1) shall not apply with respect to the procurement of seafood originating in a covered foreign country, including procurement for use in military dining facilities, galleys aboard United States naval vessels, and procurement for resale in commissary stores, notwithstanding the source of funds used for such procurement. (B) The Secretary of Defense may waive the requirements of subparagraph (A) if such procurement would cause undue burden to a naval vessel while at sea or in port at a foreign port, a dining facility in a foreign country, a commissary, an exchange, or a nonappropriated fund instrumentality located on a military installation located outside the United States. (C) In this paragraph, the term covered foreign country means The People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, or the Democratic People’s Republic of Korea.. (b) Rulemaking The Secretary of Defense shall issue such rules necessary to carry out this section and the amendments made by this section. (c) Applicability This section and the amendments made by this section shall apply with respect to contracts entered into on or after the date of the enactment of this Act.