I
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CODIFICATION AND MODIFICATION OF PERMA-
NENT PROVISION RELATING TO BUY AMER-
ICAN REQUIREMENTS.
(a) BUY AMERICAN REQUIREMENTS.—(1) Chapter
148 of title 10, United States Code, is amended by insert-
ing after section 2533 the following new section:
‘‘§ 2533a. Requirement to buy certain articles from
American sources; exceptions
‘‘(a) REQUIREMENT.—Except as provided in sub-
sections (c) through (g), funds appropriated or otherwise
available to the Department of Defense may not be used
for the procurement of an item described in subsection (b)
if the item is not grown, reprocessed, reused, or produced
in the United States.
‘‘(b) COVERED ITEMS.—An item referred to in sub-
section (a) is any of the following:
‘‘(1) An article or item of—
‘‘(A) food;
‘‘(B) clothing;
‘‘(C) tents, tarpaulins, or covers;
‘‘(D) cotton and other natural fiber prod-
ucts, woven silk or woven silk blends, spun silk
yarn for cartridge cloth, synthetic fabric or
coated synthetic fabric (including all textile fi-
bers and yarns that are for use in such fabrics),
canvas products, or wool (whether in the form
of fiber or yarn or contained in fabrics, mate-
rials, or manufactured articles); or
‘‘(E) any item of individual equipment
manufactured from or containing such fibers,
yarns, fabrics, or materials.
‘‘(2) Specialty metals, including stainless steel
flatware.
‘‘(3) Hand or measuring tools.
‘‘(c) EXCEPTION.—The Secretary of Defense or the
Secretary of the military department concerned may waive
the requirement in subsection (a)—
‘‘(1) if such Secretary determines that satisfac-
tory quality and sufficient quantity of any such arti-
cle or item described in subsection (b)(1) or spe-
cialty metals (including stainless steel flatware)
grown, reprocessed, reused, or produced in the
United States cannot be procured as and when need-
ed at United States market prices;
‘‘(2) such Secretary has notified the Commit-
tees on Appropriations, Armed Services, and Small
Business of the House of Representatives and the
Senate; and
‘‘(3) 30 days have elapsed since the date of the
notification of such committees.
‘‘(d) EXCEPTION
FOR
CERTAIN
PROCUREMENTS
OUTSIDE THE UNITED STATES.—Subsection (a) does not
apply to the following:
‘‘(1) Procurements outside the United States in
support of combat operations.
‘‘(2) Procurements by vessels in foreign waters.
‘‘(3) Emergency procurements or procurements
of perishable foods by an establishment located out-
side the United States for the personnel attached to
such establishment.
‘‘(e) EXCEPTION
FOR
SPECIALTY
METALS
AND
CHEMICAL
WARFARE
PROTECTIVE
CLOTHING.—Sub-
section (a) does not preclude the procurement of specialty
metals or chemical warfare protective clothing produced
outside the United States if—
‘‘(1) such procurement is necessary—
‘‘(A) to comply with agreements with for-
eign governments requiring the United States
to purchase supplies from foreign sources for
the purposes of offsetting sales made by the
United States Government or United States
firms under approved programs serving defense
requirements; or
‘‘(B) in furtherance of agreements with
foreign governments in which both such govern-
ments agree to remove barriers to purchases of
supplies produced in the other country or serv-
ices performed by sources of the other country;
and
‘‘(2) any such agreement with a foreign govern-
ment complies, where applicable, with the require-
ments of section 36 of the Arms Export Control Act
(22 U.S.C. 2776) and with section 2457 of this title.
‘‘(f) EXCEPTION FOR CERTAIN FOODS.—Subsection
(a) does not preclude the procurement of foods manufac-
tured or processed in the United States.
‘‘(g) EXCEPTION
FOR SMALL PURCHASES.—Sub-
section (a) does not apply to purchases for amounts not
greater than the simplified acquisition threshold referred
to in section 2304(g) of this title.
‘‘(h) APPLICABILITY
TO
CONTRACTS
AND
SUB-
CONTRACTS
FOR
PROCUREMENT
OF
COMMERCIAL
ITEMS.—This section is applicable to contracts and sub-
contracts for the procurement of commercial items not-
withstanding section 34 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 430).
‘‘(i) GEOGRAPHIC COVERAGE.—In this section, the
term ‘United States’ includes the commonwealths, terri-
tories, and possessions of the United States.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 2533 the following new item:
‘‘2533a. Requirement to buy certain articles from American sources; excep-
tions.’’.
(b) REPEAL OF SOURCE PROVISIONS.—The following
provisions of law are repealed:
(1) Section 9005 of the Department of Defense
Appropriations Act, 1993 (Public Law 102–396; 10
U.S.C. 2241 note).
(2) Section 8109 of the Department of Defense
Appropriations Act, 1997 (as contained in section
101(b) of Public Law 104–208; 110 Stat. 3009–
111; 10 U.S.C. 2241 note).
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