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107TH CONGRESS

1ST SESSION H. R. 1352

To amend title 10, United States Code, to codify and make modifications

to certain provisions relating to ‘‘Buy American’’ requirements.

IN THE HOUSE OF REPRESENTATIVES

APRIL 3, 2001

Mr. JONES of North Carolina introduced the following bill; which was referred

to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to codify and make

modifications to certain provisions relating to ‘‘Buy

American’’ requirements.

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

3 SECTION 1. CODIFICATION AND MODIFICATION OF PERMA4 NENT PROVISION RELATING TO BUY AMER5 ICAN REQUIREMENTS.

6 (a) BUY AMERICAN REQUIREMENTS.—(1) Chapter

7 148 of title 10, United States Code, is amended by insert8 ing after section 2533 the following new section:
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1 ‘‘§ 2533a. Requirement to buy certain articles from

2 American sources; exceptions

3 ‘‘(a) REQUIREMENT.—Except as provided in sub4 sections (c) through (g), funds appropriated or otherwise

5 available to the Department of Defense may not be used

6 for the procurement of an item described in subsection (b)

7 if the item is not grown, reprocessed, reused, or produced

8 in the United States.

9 ‘‘(b) COVERED ITEMS.—An item referred to in sub10 section (a) is any of the following:

11 ‘‘(1) An article or item of—

12 ‘‘(A) food;

13 ‘‘(B) clothing;

14 ‘‘(C) tents, tarpaulins, or covers;

15 ‘‘(D) cotton and other natural fiber prod16 ucts, woven silk or woven silk blends, spun silk

17 yarn for cartridge cloth, synthetic fabric or

18 coated synthetic fabric (including all textile fi19 bers and yarns that are for use in such fabrics),

20 canvas products, or wool (whether in the form

21 of fiber or yarn or contained in fabrics, mate22 rials, or manufactured articles); or

23 ‘‘(E) any item of individual equipment

24 manufactured from or containing such fibers,

25 yarns, fabrics, or materials.
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1 ‘‘(2) Specialty metals, including stainless steel

2 flatware.

3 ‘‘(3) Hand or measuring tools.

4 ‘‘(c) EXCEPTION.—The Secretary of Defense or the

5 Secretary of the military department concerned may waive

6 the requirement in subsection (a)—

7 ‘‘(1) if such Secretary determines that satisfac8 tory quality and sufficient quantity of any such arti9 cle or item described in subsection (b)(1) or spe10 cialty metals (including stainless steel flatware)

11 grown, reprocessed, reused, or produced in the

12 United States cannot be procured as and when need13 ed at United States market prices;

14 ‘‘(2) such Secretary has notified the Commit15 tees on Appropriations, Armed Services, and Small

16 Business of the House of Representatives and the

17 Senate; and

18 ‘‘(3) 30 days have elapsed since the date of the

19 notification of such committees.

20 ‘‘(d) EXCEPTION FOR CERTAIN PROCUREMENTS

21 OUTSIDE THE UNITED STATES.—Subsection (a) does not

22 apply to the following:

23 ‘‘(1) Procurements outside the United States in

24 support of combat operations.

25 ‘‘(2) Procurements by vessels in foreign waters.
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1 ‘‘(3) Emergency procurements or procurements

2 of perishable foods by an establishment located out3 side the United States for the personnel attached to

4 such establishment.

5 ‘‘(e) EXCEPTION FOR SPECIALTY METALS AND

6 CHEMICAL WARFARE PROTECTIVE CLOTHING.—Sub7 section (a) does not preclude the procurement of specialty

8 metals or chemical warfare protective clothing produced

9 outside the United States if—

10 ‘‘(1) such procurement is necessary—

11 ‘‘(A) to comply with agreements with for12 eign governments requiring the United States

13 to purchase supplies from foreign sources for

14 the purposes of offsetting sales made by the

15 United States Government or United States

16 firms under approved programs serving defense

17 requirements; or

18 ‘‘(B) in furtherance of agreements with

19 foreign governments in which both such govern20 ments agree to remove barriers to purchases of

21 supplies produced in the other country or serv22 ices performed by sources of the other country;

23 and

24 ‘‘(2) any such agreement with a foreign govern25 ment complies, where applicable, with the require-
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1 ments of section 36 of the Arms Export Control Act

2 (22 U.S.C. 2776) and with section 2457 of this title.

3 ‘‘(f) EXCEPTION FOR CERTAIN FOODS.—Subsection

4 (a) does not preclude the procurement of foods manufac5 tured or processed in the United States.

6 ‘‘(g) EXCEPTION FOR SMALL PURCHASES.—Sub7 section (a) does not apply to purchases for amounts not

8 greater than the simplified acquisition threshold referred

9 to in section 2304(g) of this title.

10 ‘‘(h) APPLICABILITY TO CONTRACTS AND SUB11 CONTRACTS FOR PROCUREMENT OF COMMERCIAL

12 ITEMS.—This section is applicable to contracts and sub13 contracts for the procurement of commercial items not14 withstanding section 34 of the Office of Federal Procure15 ment Policy Act (41 U.S.C. 430).

16 ‘‘(i) GEOGRAPHIC COVERAGE.—In this section, the

17 term ‘United States’ includes the commonwealths, terri18 tories, and possessions of the United States.’’.

19 (2) The table of sections at the beginning of such

20 chapter is amended by inserting after the item relating

21 to section 2533 the following new item:

‘‘2533a. Requirement to buy certain articles from American sources; exceptions.’’.

22 (b) REPEAL OF SOURCE PROVISIONS.—The following

23 provisions of law are repealed:
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1 (1) Section 9005 of the Department of Defense

2 Appropriations Act, 1993 (Public Law 102–396; 10

3 U.S.C. 2241 note).

4 (2) Section 8109 of the Department of Defense

5 Appropriations Act, 1997 (as contained in section

6 101(b) of Public Law 104–208; 110 Stat. 3009–

7 111; 10 U.S.C. 2241 note).

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