10 U.S.C. § 2533a : US Code - Section 2533A: Requirement to buy certain articles from American sources; exceptions

Search 10 U.S.C. § 2533a : US Code - Section 2533A: Requirement to buy certain articles from American sources; exceptions

      (a) Requirement. - Except as provided in subsections (c) through
    (h), 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 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);
          (C) tents (and the structural components thereof),
        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) Hand or measuring tools.

      (c) Availability Exception. - Subsection (a) does not apply to
    the extent that the Secretary of Defense or the Secretary of the
    military department concerned determines that satisfactory quality
    and sufficient quantity of any such article or item described in
    subsection (b) 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. - Subsection (a) does not
    apply to the following:
        (1) Procurements outside the United States in support of combat
      operations or procurements of any item listed in subsection
      (b)(1)(A) or (b)(2) in support of contingency operations.
        (2) Procurements by vessels in foreign waters.
        (3) Emergency procurements or procurements of perishable foods
      by, or for, an establishment located outside the United States
      for the personnel attached to such establishment.
        (4) Procurements of any item listed in subsection (b)(1)(A) or
      (b)(2) for which the use of procedures other than competitive
      procedures has been approved on the basis of section 2304(c)(2)
      of this title, relating to unusual and compelling urgency of
      need.

      (e) Exception for Chemical Warfare Protective Clothing. -
    Subsection (a) does not preclude the procurement of 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) Exceptions for Certain Other Commodities and Items. -
    Subsection (a) does not preclude the procurement of the following:
        (1) Foods manufactured or processed in the United States.
        (2) Waste and byproducts of cotton and wool fiber for use in
      the production of propellants and explosives.

      (g) Exception for Commissaries, Exchanges, and Other
    Nonappropriated Fund Instrumentalities. - Subsection (a) does not
    apply to items purchased for resale purposes in commissaries,
    exchanges, or nonappropriated fund instrumentalities operated by
    the Department of Defense.
      (h) 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.
      (i) 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 1906 of title 41.
      (j) Geographic Coverage. - In this section, the term "United
    States" includes the possessions of the United States.
      (k) Notification Required Within 7 Days After Contract Award If
    Certain Exceptions Applied. - In the case of any contract for the
    procurement of an item described in subparagraph (B), (C), (D), or
    (E) of subsection (b)(1), if the Secretary of Defense or of the
    military department concerned applies an exception set forth in
    subsection (c) or (e) with respect to that contract, the Secretary
    shall, not later than 7 days after the award of the contract, post
    a notification that the exception has been applied on the Internet
    site maintained by the General Services Administration known as
    FedBizOps.gov (!1) (or any successor site).