(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 -
(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
(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);
(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
(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
(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).