IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 11 Mar 2009 | Removal date: open ended
Still in force

Public procurement localisation

The Appropriation Bill for the Fiscal Year 2009 is also the first to explicitly mention that all government expenditure ought to be in line with the Buy American Act (cf. sections 412, 413 (Transportation, Housing, and Urban Development, and related agencies), 606, and 607 (Financial Services and General Government Appropriations Act) of the Omnibus Appropriations Act).

Additionally, section 8038 of the Continuing Appropriation H.R.2638 "Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act".

However, Section 615 of the Omnibus Appropriation Act also states that "the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act [is] inapplicable to the federal acquisition of commercial information technology."

In the previous year, there were already Buy American provisions but they were restricted "to the DOD [Department of Defense] procurement of carbon, alloy, or armor steel plating" (sec. 8026 of H.R.3222, a Continuing Appropriation from the Fiscal Year 2008). Also, the Supplemental Appropriation H.R.2206 from the Fiscal Year 2008 already required "the head of each federal agency to report to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs on the amount of agency acquisitions in FY2007-FY2011 of articles, materials, and supplies manufactured outside the United States. Requires such reports to be made publicly available. Exempts intelligence agencies from such requirement" (sec. 8306). A similar provision was included in section 7009 of the H.R.1591 Supplemental Appropriation in FY2008.

AFFECTED COUNTRIES

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