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[DOCID: f:h1458ih.txt]






107th CONGRESS
  1st Session
                                H. R. 1458

 To limit the exceptions to certain ``Buy American'' requirements, and 
                      to expand such requirements.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

   Mr. Hayes (for himself, Mr. Graham, Mr. DeMint, and Mr. McIntyre) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
 To limit the exceptions to certain ``Buy American'' requirements, and 
                      to expand such requirements.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATION ON EXCEPTIONS TO BUY AMERICAN REQUIREMENTS; 
              EXPANSION OF REQUIREMENTS.

    Section 9005 of the Department of Defense Appropriations Act, 1993 
(10 U.S.C. 2241 note) is amended--
            (1) by striking ``shall determine'' and all that follows 
        through ``emergency procurements or'' and inserting ``submits a 
        certification to the Committees on Armed Services and 
        Subcommittees on Defense of the Committees on Appropriations of 
        the House of Representatives and the Senate that (1) 
        satisfactory quality and sufficient quantity of a covered 
        article or item cannot be procured as and when needed from 
        suppliers which grow, reprocess, reuse, or produce such 
        articles or items in the United States or its possessions, (2) 
        an emergency exists and the procurement is vital to national 
        security, and the article or item to be procured is grown, 
        reprocessed, reused, or produced in a country that adheres to 
        fair labor practices (i.e., no labor practices involving 
        forced, slave, or child labor, or any other adverse labor 
        practice) as determined by the Department of State and 
        except''; and
            (2) by inserting after ``Provided,'' the following: ``That 
        in determining whether a purchase is for an amount greater than 
        the simplified acquisition threshold for purposes of this 
        section, multiple purchases of a similar item in any fiscal 
        year shall be deemed to be a single purchase: Provided further, 
        That no procurement may be made by the Defense Commissary 
        Agency of any article or item described in this section for 
        purchases for amounts greater than the simplified acquisition 
        threshold covered by section 2304(g) of title 10, United States 
        Code, except under the conditions described in this section: 
        Provided further,''.
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