[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4946 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4946

To prohibit the Department of Homeland Security from procuring certain 
 items directly related to the national security unless the items are 
     grown, reprocessed, reused, or produced in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2006

    Mr. Hayes (for himself, Mr. Rogers of Kentucky, Mr. Hunter, Mr. 
 McGovern, Mr. Spratt, Mr. Wilson of South Carolina, Mrs. Myrick, Ms. 
Foxx, Mr. Coble, Mr. Goode, Mr. Gordon, Mr. Marshall, Mr. McCotter, Mr. 
Wamp, Mr. Jones of North Carolina, Mr. Davis of Tennessee, Mr. Simmons, 
  Mr. Istook, Ms. Bordallo, Mr. McHenry, Mr. Turner, and Mr. Putnam) 
 introduced the following bill; which was referred to the Committee on 
                           Homeland Security

_______________________________________________________________________

                                 A BILL


 
To prohibit the Department of Homeland Security from procuring certain 
 items directly related to the national security unless the items are 
     grown, reprocessed, reused, or produced in the United States.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Berry Amendment Extension Act''.

SEC. 2. BUY-AMERICAN REQUIREMENT IMPOSED ON DEPARTMENT OF HOMELAND 
              SECURITY; EXCEPTIONS.

    (a) Requirement.--Except as provided in subsections (c) through 
(e), funds appropriated or otherwise available to the Department of 
Homeland Security 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, if the item is directly related to the national security 
interests of the United States:
            (1) An article or item of--
                    (A) 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);
                    (B) tents, tarpaulins, or covers;
                    (C) 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
                    (D) 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) Availability Exception.--Subsection (a) does not apply to the 
extent that the Secretary of Homeland Security 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.
    (d) Exception for Certain Procurements Outside the United States.--
Subsection (a) does not apply to the following:
            (1) Procurements by vessels in foreign waters.
            (2) 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 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 title 10, United States 
Code.
    (f) 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).
    (g) Geographic Coverage.--In this section, the term ``United 
States'' includes the possessions of the United States.
    (h) 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 subsection (b)(1), if the Secretary 
of Homeland Security applies an exception set forth in subsection (c) 
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 (or any 
successor site).
    (i) Training During Fiscal Year 2006.--
            (1) In general.--The Secretary of Homeland Security shall 
        ensure that each member of the acquisition workforce in the 
        Department of Homeland Security who participates personally and 
        substantially in the acquisition of textiles on a regular basis 
        receives training during fiscal year 2006 on the requirements 
        of this section and the regulations implementing this section.
            (2) Inclusion of information in new training programs.--The 
        Secretary shall ensure that any training program for the 
        acquisition workforce developed or implemented after the date 
        of the enactment of this Act includes comprehensive information 
        on the requirements described in paragraph (1).
    (j) Consistency With International Agreements.--
            (1) In general.--No provision of this Act shall apply to 
        the extent the Secretary of Homeland Security, in consultation 
        with the United States Trade Representative, determines that it 
        is in inconsistent with United States obligations under an 
        international agreement.
            (2) Report.--The Secretary of Homeland Security shall 
        submit a report each year to Congress containing, with respect 
        to the year covered by the report--
                    (A) a list of each provision of this Act that did 
                not apply during that year pursuant to a determination 
                by the Secretary under paragraph (1); and
                    (B) a list of each contract awarded by the 
                Department of Homeland Security during that year 
                without regard to a provision in this Act because that 
                provision was made inapplicable pursuant to such a 
                determination.
    (k) Effective Date.--This section applies with respect to contracts 
entered into by the Department of Homeland Security after the date of 
the enactment of this Act.
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