article: SECTION 1. CODIFICATION AND MODIFICATION OF PERMANENT PROVISION RELATING TO BUY AMERICAN REQUIREMENTS. (a) Buy American Requirements.--(1) Chapter 148 of title 10, United States Code, is amended by inserting after section 2533 the following new section: ``Sec. 2533a. Requirement to buy certain articles from American sources; exceptions ``(a) Requirement.--Except as provided in subsections (c) through (g), 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) Exception.--The Secretary of Defense or the Secretary of the military department concerned may waive the requirement in subsection (a)-- ``(1) if such Secretary 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; ``(2) such Secretary has notified the Committees on Appropriations, Armed Services, and Small Business of the House of Representatives and the Senate; and ``(3) 30 days have elapsed since the date of the notification of such committees. ``(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 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. ``(h) 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). ``(i) Geographic Coverage.--In this section, the term `United States' includes the commonwealths, territories, and possessions of the United States.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2533 the following new item: ``2533a. Requirement to buy certain articles from American sources; exceptions.''. (b) Repeal of Source Provisions.--The following provisions of law are repealed: (1) Section 9005 of the Department of Defense Appropriations Act, 1993 (Public Law 102-396; 10 U.S.C. 2241 note). (2) Section 8109 of the Department of Defense Appropriations Act, 1997 (as contained in section 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 2241 note).
summary: Codifies under Federal armed forces law certain provisions under prior defense appropriations Acts which prohibit funds appropriated or otherwise made available to the Department of Defense from being used to procure the following items if such items are not grown, reprocessed, reused, or produced in the United States: (1) food; (2) clothing; (3) tents, tarpaulins, or covers; (4) cotton and other natural fiber products, silk or silk blends, synthetic fabrics, canvas products, or wool; (5) any equipment manufactured from or containing such fibers, yarns, fabrics, or materials; (6) specialty metals, including stainless steel flatware; and (7) hand or measuring tools. Allows an exception: (1) when the item cannot be procured when needed (after certain congressional notification); (2) for certain procurements outside the United States; (3) for certain specialty metals and chemical warfare protective clothing procured outside the United States; (4) for foods manufactured or processed in the United States; and (5) for small purchases under the defense simplified acquisition threshold.Makes such prohibitions applicable to contracts for the procurement of commercial items under the Office of Federal Procurement Policy Act.