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UNITED
STATES CODE ANNOTATED
TITLE 10. ARMED FORCES
SUBTITLE A--GENERAL MILITARY LAW
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
CHAPTER 148--NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE
REINVESTMENT, AND DEFENSE CONVERSION
SUBCHAPTER V--MISCELLANEOUS TECHNOLOGY BASE POLICIES AND PROGRAMS
Copr. © West Group 2003. No
claim to Orig. U.S. Govt. Works.
Current
through P.L. 108-24, approved 05-27-03
§
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;
(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 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)(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 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
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 34 of the Office of Federal
Procurement Policy Act (41 U.S.C. 430).
(j) Geographic
coverage.--In this section, the term "United States"
includes the possessions of the United States.
CREDIT(S)
2003 Electronic Update
(Added
Pub.L. 107-107, Div. A, Title VIII, §
832(a)(1), Dec. 28, 2001, 115 Stat. 1189.)
<General
Materials (GM) - References, Annotations, or Tables>
HISTORICAL
AND STATUTORY NOTES
Revision Notes and Legislative
Reports
2001 Acts. House Conference Report No. 107-333 and
Statement by President, see 2001 U.S. Code Cong. and Adm. News, p. 1021.
References
in Text
Section 36 of the Arms Export Control Act, referred to in
subsec. (e)(2), is Pub.L.
90-629, c. 3, § 36, Oct. 22,
1968, 82 Stat. 1326, as amended, which is classified to 22 U.S.C.A. § 2776.
Section 34 of the Office of Federal Procurement Policy Act,
referred to in subsec. (i), is section 34 of Pub.L. 93-400, Aug.
30, 1974, 88 Stat. 797, as amended, which is classified to 41 U.S.C.A.
§ 430.
LIBRARY
REFERENCES
American
Digest System
United States
 40
to 43.
Key Number System Topic No. 393
Corpus
Juris Secundum
United States, see C.J.S. §
54, 58 to 60, 76 to 77.
10
U.S.C.A. § 2533a
10
USCA § 2533a
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OF DOCUMENT
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