[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1352 Introduced in House (IH)]







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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. CODIFICATION AND MODIFICATION OF PERMANENT PROVISION 
              RELATING TO BUY AMERICAN REQUIREMENTS.

    (a) Buy American Requirements.--(1) Chapter 148 of title 10, United 
States Code, is amended by inserting after section 2533 the following 
new section:
``Sec. 2533a. Requirement to buy certain articles from American 
              sources; exceptions
    ``(a) Requirement.--Except as provided in subsections (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 subsection (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 products, 
                woven silk or woven silk blends, spun silk yarn for 
                cartridge cloth, synthetic fabric or coated synthetic 
                fabric (including all textile fibers 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, materials, 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 satisfactory 
        quality and sufficient quantity of any such article or item 
        described in subsection (b)(1) or specialty metals (including 
        stainless steel flatware) grown, reprocessed, reused, or 
        produced in the United States cannot be procured as and when 
        needed at United States market prices;
            ``(2) such Secretary has notified the Committees 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 outside the United States for 
        the personnel attached to such establishment.
    ``(e) Exception for Specialty Metals and Chemical Warfare 
Protective Clothing.--Subsection (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 foreign 
                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 governments agree to 
                remove barriers to purchases of supplies produced in 
                the other country or services performed by sources of 
                the other country; and
            ``(2) any such agreement with a foreign government 
        complies, where applicable, with the requirements 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 manufactured or processed in the 
United States.
    ``(g) Exception for Small Purchases.--Subsection (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 Subcontracts for Procurement 
of Commercial Items.--This section is applicable to contracts and 
subcontracts for the procurement of commercial items notwithstanding 
section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 
430).
    ``(i) Geographic Coverage.--In this section, the term `United 
States' includes the commonwealths, territories, 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; 
                            exceptions.''.
    (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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