110 HR 1686 IH: Department of Homeland Security Secure U.S. House of Representatives 2007-03-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 1686 IN THE HOUSE OF REPRESENTATIVES March 26, 2007 Mr. Etheridge (for himself, Mr. Rogers of Alabama, and Mr. Thompson of Mississippi) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act to require that uniforms, protective gear, badges, and identification cards of personnel be manufactured in the United States.

1.

Short title

This Act may be cited as the Department of Homeland Security Secure American Federal Equipment Procurement Act—DHS SAFE Procurement Act.

2.

Requirement that uniforms, protective gear, badges, and identification cards of Homeland Security personnel be manufactured in the United States

(a)

In general

Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section:

836.

Requirement that certain articles procured for Department personnel be manufactured in the United States

(a)

Requirement

Except as provided in section (c), funds appropriated or otherwise available to the Department may not be used for the procurement of an article described in section (b) if the item is not manufactured in the United States. (b)

Covered articles

An article referred to in subsection (a) is any of the following articles procured for personnel of the Department: (1)Uniforms. (2)Protective gear. (3)Badges or other insignia indicating the rank, office, or position of personnel. (4)Identification cards. (c)

Availability Exception

Subsection (a) does not apply to the extent that the Secretary determines that satisfactory quality and sufficient quantity of the article cannot be procured as and when needed at United States market prices. If such a determination is made with respect to an article, the Secretary shall— (1)notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate within 7 days after making the determination; and (2)include in that notification a certification that manufacturing the article outside the United States does not pose a risk to the national security of the United States, as well as a detailed explanation of the steps any facility outside the United States that is manufacturing the article will be required to take to ensure that the materials, patterns, logos, designs, or any other element used in or for the article are not misappropriated. (d)

Other exceptions

Subsection (a) does not apply to— (1)acquisitions at or below the micro-purchase threshold (as defined in section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428)); or (2)acquisitions outside the United States for use outside of the United States. (e)

Relationship to waiver under Trade Agreements Act of 1979

Subsection (a) shall apply notwithstanding any waiver under section 301 of the Trade Agreements Act of 1979 (19 U.S.C. 2511).

. (b)

Conforming amendment

The table of contents of the Homeland Security Act of 2002 is amended by adding after the item relating to section 835 the following new item: 826. Requirement that certain articles procured for Department personnel be manufactured in the United States. . (c)

Applicability

The amendments made by this section take effect 120 days after the date of the enactment of this Act and apply to any contract entered into on or after that date for the procurement of items to which such amendments apply.