[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2114 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2114

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 SENATE OF THE UNITED STATES

                           February 15, 2012

 Mr. Rockefeller (for himself, Ms. Collins, and Mr. Tester) introduced 
the following bill; which was read twice and referred to the Committee 
             on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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 
(f), 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 or footwear and the materials and 
                components thereof, other than sensors, electronics, or 
                other items added to, and not normally associated with, 
                clothing or footwear (and the materials and components 
                thereof);
                    ``(B) tents, tarpaulins, covers, textile belts, 
                bags, protective equipment (including body armor), 
                sleep systems, load carrying equipment (including 
                fieldpacks), textile marine equipment, parachutes, or 
                bandages;
                    ``(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 or in a time period that meets 
the national security needs of the United States. This section is not 
applicable to covered items that are, or include, materials determined 
to be nonavailable in accordance with subpart 25.104 of the Federal 
Acquisition Regulation (relating to nonavailable articles).
    ``(d) De Minimis Exception.--Notwithstanding subsection (a), the 
Secretary may accept delivery of an item covered by subsection (b) that 
contains non-compliant fibers if the total value of non-compliant 
fibers contained in the end item does not exceed 10 percent of the 
total purchase price of the end item.
    ``(e) 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.
    ``(f) Exception for Small Purchases.--Subsection (a) does not apply 
to purchases for amounts not greater than the simplified acquisition 
threshold referred to in section 134 of title 41, United States Code.
    ``(g) 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 1906 of title 41, United States Code, with the exception of 
commercial items listed under subparagraphs (C) and (D) of subsection 
(b)(2). For the purposes of this subsection, the term `commercial item' 
has the meaning given the term in section 2.101 of the Federal 
Acquisition Regulation.
    ``(h) Geographic Coverage.--In this section, the term `United 
States' includes the possessions of the United States.
    ``(i) 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 the 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--
            ``(1) post a notification that the exception has been 
        applied on the Internet website maintained by the General 
        Services Administration known as FedBizOpps (or any successor 
        website); and
            ``(2) notify the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Oversight and Government Reform and the Committee on Homeland 
        Security of the House of Representatives of the exception.
    ``(j) 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).
    ``(k) Consistency With International Agreements.--This section 
shall be applied in a manner consistent with United States obligations 
under international agreements.''.
    (b) Table of Contents.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by 
inserting after the item relating to section 889 the following new 
item:

``Sec. 890. Buy American requirement; exceptions.''.
    (c) 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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