115 STAT. 1190 PUBLIC LAW 107-107—DEC. 28, 2001 "(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 WAR- FARE 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.". (2) The table of sections at the beginning of subchapter V 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).
�
