Application of domestic source requirements for clothing and textile products

(a)

Requirement to buy Federal uniforms from American sources

(1)

Amendment

Chapter 83 of title 41, United States Code, is amended by adding at the end the following new section:

8306.

Requirement to buy certain clothing and textile products from United States sources

(a)

Requirement

Except as provided in subsection (c), funds appropriated or otherwise available to a Federal agency may not be used for the procurement of a covered item if the covered item is not grown, reprocessed, reused, or produced in the United States.(b)

Applicability

(1)

Furnished through services

A covered item shall be treated as procured for purposes of this section regardless of whether the covered item is—(A)purchased directly by a Federal agency;(B)leased or rented by a Federal agency;(C)furnished by a contractor in connection with a contract for services;(D)furnished pursuant to a contract for laundry, uniform management, maintenance, or similar services; or(E)acquired under an indefinite-delivery, indefinite-quantity contract, blanket purchase agreement, or other vehicle established for the procurement of supplies or services.(2)

Commercial products

This section applies to acquisitions of commercial products, notwithstanding sections 1906 and 1907 of this title.(3)

Clothing

The requirements of this section do not apply to any sensor, electronic, or other item added to, and not normally associated with, clothing.(c)

Exceptions

(1)

Availability exception

(A)

In general

Subsection (a) does not apply to the extent that the head of the Federal agency concerned determines that satisfactory quality and sufficient quantity of any covered article grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices.(B)

Written determination

A determination under subparagraph (A) shall—(i)be made in writing before award;(ii)identify the covered item to which the determination applies;(iii)describe the basis for determining that satisfactory domestic quality and quantity cannot be procured as and when needed at United States market prices; and(iv)be maintained in the contract file and made available for any Member of Congress upon request.(2)

Exception for certain procurement outside the United States

Subsection (a) does not apply to a procurement of a covered item—(A)outside the United States in direct support of a contingency operation, a declared disaster, an ordered evacuation of United States personnel, or another operation that the head of the Federal agency designates in writing as one for which the procurement must occur outside the United States;(B)by or for an activity of a Federal agency located outside the United States, for use by an officer, employee, or other personnel attached to that activity who requires the covered item in the performance of official duties; or (C)for which the use of procedures other than competitive procedures has been approved on the basis of unusual and compelling urgency of need under section 3204(a)(2) of title 10 or section 3304(a)(2) of this title, as applicable.(3)

Exception for small purchases

(A)

In general

Except as provided in subparagraph (B), subsection (a) does not apply to a contract for the purchase of a covered item in an amount not greater than the applicable micro-purchase threshold under section 1902 of this title.(B)

Anti-splitting rule

A proposed procurement of covered items in an amount greater than the applicable micro-purchase threshold may not be divided into separate purchases, contracts, orders, or other procurement actions for the purpose of avoiding the requirements of this section.(4)

Exception for resale

Subsection (a) does not apply to a covered item purchased solely for resale by a gift shop, bookstore, visitor-center shop, canteen, exchange, or similar retail or service activity of a Federal agency, whether operated by the agency, a concessioner, a cooperating association, a nonappropriated fund instrumentality, or another entity authorized by the agency, except to the extent the head of the Federal agency concerned determines otherwise by regulation.(d)

Relationship to other domestic source requirements

(1)

Berry amendment

Nothing in this section may be construed to limit or otherwise affect the application of section 4862 of title 10 to the Department of Defense.(2)

More stringent requirement preserved

Nothing in this section may be construed to limit the application of any other Federal law, regulation, or contractual requirement that imposes a more stringent domestic source requirement on a covered item.(3)

Buy American Act

This section applies in addition to, and not in lieu of, section 8302, and, with respect to a covered item, this section shall control to the extent of any conflict with section 8302.(4)

Homeland security requirements

Nothing in this section may be construed to limit the application of section 604 of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b). (5)

Purchase from people who are blind or severely disabled

(A)

Rule of construction

Nothing in this section may be construed to prohibit a procurement required pursuant to chapter 85. (B)

Procedures

The Committee for Purchase From People Who Are Blind or Severely Disabled shall, in consultation with the Federal Acquisition Regulatory Council, establish procedures to apply the requirements of this section to any covered item procured pursuant to such chapter to the maximum extent practicable while preserving the employment of blind and other severely disabled persons, which is the purpose of such chapter.(C)

Consultation required for availability exception

For a covered item procured pursuant to chapter 85, any determination under subsection (c)(1) shall be made in consultation with the Committee for Purchase From People Who Are Blind or Severely Disabled.(e)

Relationship to trade agreements

Notwithstanding any other provision of law relating to a trade agreement, including the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any regulation implementing any such agreement, the requirements of this section shall apply to a covered item unless a specific provision of Federal law enacted after the date of the enactment of this section expressly provides otherwise.(f)

Definitions

In this section:(1)

Contingency operation

The term contingency operation has the meaning given that term in section 101(a) of title 10.(2)

Covered item

The term covered item means an article or item of—(A)clothing (including outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, insignia, uniforms, and other apparel), and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing, and the materials and components thereof; and(B)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 textile fibers and yarns 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 for use in an item described under subparagraph (A).(3)

Grown, reprocessed, reused, or produced in the United States

The term grown, reprocessed, reused, or produced in the United States means each material and component of an item is grown, reprocessed, reused, or produced in the United States.(4)

Micro-purchase threshold

The term micro-purchase threshold has the meaning given that term in section 1902.

(2)

Clerical amendment

The table of sections at the beginning of chapter 83 of title 41, United States Code, is amended by adding at the end the following new item:

8306. Requirement to buy certain clothing and textile products from United States sources.

(b)

Savings provisions for contracts and orders

(1)

Contracts

This section and the amendments made by this section do not apply to—(A)a contract entered into before the effective date of this section; or(B)an order issued under an indefinite-delivery, indefinite-quantity contract before the effective date of this section.(2)

Options

An option under a contract entered into before the effective date of this section may be exercised without regard to the amendments made by this section if—(A)the option was included in the contract as originally awarded;(B)the exercise of the option does not materially change the covered-item requirements of the contract; and(C)no new covered item is added by the exercise of the option.(3)

New orders

Any task order, delivery order, or other order issued on or after the effective date under a contract or contract vehicle entered into before such date shall comply with the requirements of section 8306 of title 41, United States Code, as added by subsection (a), unless expressly excluded under paragraph (1) or (2).(c)

Report on implementation

Not later than 2 years after the effective date of this section, and annually thereafter for 3 years, the Administrator of General Services, in consultation with the Director of the Office of Management and Budget and the head of each Federal agency subject to section 8306 of title 41, United States Code, as added by subsection (a), shall submit to Congress a report on the implementation of such section 8306 that includes, to the extent practicable, the following:(1)The total value of covered items procured by such Federal agencies during the preceding fiscal year.(2)The total value of covered items procured by such Federal agencies from domestic sources and foreign sources.(3)The number and aggregate value of availability exceptions issued under section 8306(c) of title 41, United States Code.(4)The number and aggregate value of covered items purchased under contracts covered by the exceptions in section 8306(c) of title 41, United States Code.(5)Information concerning implementation of the requirements of section 8306 for commercial products and contracts for services furnishing covered items.(6)The number and aggregate value of covered items provided during the preceding fiscal year under a contract for services, a lease or rental, or a uniform-management or similar contract.(7)The number and value of covered items procured pursuant to chapter 85 of title 41, United States Code, and the extent to which such procurements complied with such section 8306.(8)Any recommendations for legislative or administrative changes necessary to improve compliance with such section 8306.(d)

Regulations

(1)

In general

Not later than 180 days after the date of the enactment of this section, the Federal Acquisition Regulatory Council shall prescribe regulations to carry out section 8306 of title 41, United States Code, as added by subsection (a).(2)

Consistency with berry amendment

To the maximum extent practicable, the regulations prescribed under paragraph (1) shall be consistent with the regulations implementing section 4862 of title 10, United States Code, and shall establish uniform standards for identifying covered items and determining compliance with such section 8306.(3)

Existing agency guidance

Not later than 180 days after the date of the enactment of this section, the head of each Federal agency subject to such section 8306 shall review and, as appropriate, revise the procurement regulations, guidance, and standard contract provisions of the agency to conform to the requirements of such section 8306.(4)

Standard Contract Clause

The regulations prescribed under paragraph (1) shall include a uniform contract clause for inclusion in any solicitation and contract subject to such section 8306.(e)

Effective date

This section and the amendments made by this section shall take effect 180 days after the date of the enactment of this section and shall apply to any solicitation issued, any contract entered into, and any order issued on or after such effective date.