[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2014 Introduced in House (IH)]






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.

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

SECTION 1. BUY-AMERICAN REQUIREMENT IMPOSED ON DEPARTMENT OF HOMELAND 
              SECURITY; EXCEPTIONS.

    (a) Requirement.--Except as provided in subsections (c) through 
(e), funds appropriated or otherwise available to the Department of 
Homeland Security 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 and the materials and components 
                thereof;
                    (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) Availability Exception.--Subsection (a) does not apply to the 
extent that the Secretary of Homeland Security 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.
    (d) Exception for Certain Procurements Outside the United States.--
Subsection (a) does not apply to the following:
            (1) Procurements by vessels in foreign waters.
            (2) 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 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 title 10, United States 
Code.
    (f) 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).
    (g) Geographic Coverage.--In this section, the term ``United 
States'' includes the possessions of the United States.
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