I 

108TH CONGRESS 

1ST SESSION H. R. 2014

To prohibit the Department of Homeland Security from procuring certain 

items unless the items are grown, reprocessed, reused, or produced in 

the United States. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2003

Mr. HAYES introduced the following bill; which was referred to the Committee 

on Government Reform 

A BILL

To prohibit the Department of Homeland Security from procuring certain items unless the items are grown, reprocessed, reused, or produced in the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. BUY-AMERICAN REQUIREMENT IMPOSED ON 

4 DEPARTMENT OF HOMELAND SECURITY; EX5 CEPTIONS. 

6 (a) REQUIREMENT.—Except as provided in sub7 sections (c) through (e), funds appropriated or otherwise 

8 available to the Department of Homeland Security may 

9 not be used for the procurement of an item described in 
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1 subsection (b) if the item is not grown, reprocessed, re2 used, or produced in the United States. 

3 (b) COVERED ITEMS.—An item referred to in sub4 section (a) is any of the following: 

5 (1) An article or item of—

6 (A) food; 

7 (B) clothing and the materials and compo8 nents thereof; 

9 (C) tents, tarpaulins, or covers; 

10 (D) cotton and other natural fiber prod11 ucts, woven silk or woven silk blends, spun silk 

12 yarn for cartridge cloth, synthetic fabric or 

13 coated synthetic fabric (including all textile fi14 bers and yarns that are for use in such fabrics), 

15 canvas products, or wool (whether in the form 

16 of fiber or yarn or contained in fabrics, mate17 rials, or manufactured articles); or 

18 (E) any item of individual equipment man19 ufactured from or containing such fibers, yarns, 

20 fabrics, or materials. 

21 (2) Specialty metals, including stainless steel 

22 flatware. 

23 (3) Hand or measuring tools. 

24 (c) AVAILABILITY EXCEPTION.—Subsection (a) does 

25 not apply to the extent that the Secretary of Homeland 
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1 Security determines that satisfactory quality and suffi2 cient quantity of any such article or item described in sub3 section (b)(1) or specialty metals (including stainless steel 

4 flatware) grown, reprocessed, reused, or produced in the 

5 United States cannot be procured as and when needed at 

6 United States market prices. 

7 (d) EXCEPTION FOR CERTAIN PROCUREMENTS OUT8 SIDE THE UNITED STATES.—Subsection (a) does not 

9 apply to the following: 

10 (1) Procurements by vessels in foreign waters. 

11 (2) Emergency procurements or procurements 

12 of perishable foods by an establishment located out13 side the United States for the personnel attached to 

14 such establishment. 

15 (e) EXCEPTION FOR SMALL PURCHASES.—Sub16 section (a) does not apply to purchases for amounts not 

17 greater than the simplified acquisition threshold referred 

18 to in section 2304(g) of title 10, United States Code. 

19 (f) APPLICABILITY TO CONTRACTS AND SUB20 CONTRACTS FOR PROCUREMENT OF COMMERCIAL

21 ITEMS.—This section is applicable to contracts and sub22 contracts for the procurement of commercial items not23 withstanding section 34 of the Office of Federal Procure24 ment Policy Act (41 U.S.C. 430). 
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1 (g) GEOGRAPHIC COVERAGE.—In this section, the 

2 term ‘‘United States’’ includes the possessions of the 

3 United States.

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