§ 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—
(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);
(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
(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.
(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—
(f)
Exceptions for Certain Other Commodities and Items.—
Subsection (a) does not preclude the procurement of the following:
(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).
[1] See References in Text note below.