[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3116 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3116

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, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 7, 2009

 Mr. Kissell 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, and for 
                            other purposes.

    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) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the 
following new section:

``SEC. 890. BUY AMERICAN REQUIREMENT; EXCEPTIONS.

    ``(a) Requirement.--Except as provided in subsections (c) through 
(e), the Secretary may not procure an item described in subsection (b) 
if the item is not grown, reprocessed, reused, or produced in the 
United States.
    ``(b) Covered Items.--
            ``(1) In general.--An item referred to in subsection (a) is 
        any item described in paragraph (2), if the item is directly 
        related to the national security interests of the United 
        States.
            ``(2) Items described.--An item described in this paragraph 
        is any 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.
    ``(c) Availability Exception.--Subsection (a) does not apply to the 
extent that the Secretary determines that satisfactory quality and 
sufficient quantity of any such article or item described in subsection 
(b)(2) grown, reprocessed, reused, or produced in the United States 
cannot be procured as and when needed.
    ``(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.
    ``(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)(2), if the Secretary 
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.
    ``(i) Training.--
            ``(1) In general.--The Secretary shall ensure that each 
        member of the acquisition workforce who participates personally 
        and substantially in the acquisition of textiles on a regular 
        basis receives training 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 section includes comprehensive 
        information on the requirements described in paragraph (1).
    ``(j) Consistency With International Agreements.--
            ``(1) In general.--No provision of this section shall apply 
        to the extent the Secretary, 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 shall submit a report each 
        year to the Committee on Homeland Security of the House of 
        Representatives containing, with respect to the year covered by 
        the report--
                    ``(A) a list of each provision of this section 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 section because 
                that provision was made inapplicable pursuant to such a 
                determination.''.
    (b) Effective Date.--Section 890 of the Homeland Security Act of 
2002, as added by subsection (a), shall apply with respect to contracts 
entered into by the Department of Homeland Security on and after the 
date occurring 180 days after the date of the enactment of this Act.
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