II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Berry Amendment Ex5 tension Act’’. 


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1 SEC. 2. BUY AMERICAN REQUIREMENT IMPOSED ON DE2 PARTMENT OF HOMELAND SECURITY; EXCEP3 TIONS. 

4 (a) IN GENERAL.—Subtitle H of title VIII of the 

5 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

6 is amended by adding at the end the following new section: 

7 ‘‘SEC. 890. BUY AMERICAN REQUIREMENT; EXCEPTIONS. 

8 ‘‘(a) REQUIREMENT.—Except as provided in sub9 sections (c) through (f), the Secretary may not procure 

10 an item described in subsection (b) if the item is not 

11 grown, reprocessed, reused, or produced in the United 

12 States. 

13 ‘‘(b) COVERED ITEMS.— 

14 ‘‘(1) IN GENERAL.—An item referred to in sub15 section (a) is any item described in paragraph (2), 

16 if the item is directly related to the national security 

17 interests of the United States. 

18 ‘‘(2) ITEMS DESCRIBED.—An item described in 

19 this paragraph is any article or item of— 

20 ‘‘(A) clothing or footwear and the mate21 rials and components thereof, other than sen22 sors, electronics, or other items added to, and 

23 not normally associated with, clothing or foot24 wear (and the materials and components there25 of); 


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1 ‘‘(B) tents, tarpaulins, covers, textile belts, 

2 bags, protective equipment (including body 

3 armor), sleep systems, load carrying equipment 

4 (including fieldpacks), textile marine equipment, 

5 parachutes, or bandages; 

6 ‘‘(C) cotton and other natural fiber prod7 ucts, woven silk or woven silk blends, spun silk 

8 yarn for cartridge cloth, synthetic fabric or 

9 coated synthetic fabric (including all textile fi10 bers and yarns that are for use in such fabrics), 

11 canvas products, or wool (whether in the form 

12 of fiber or yarn or contained in fabrics, mate13 rials, or manufactured articles); or 

14 ‘‘(D) any item of individual equipment 

15 manufactured from or containing such fibers, 

16 yarns, fabrics, or materials. 

17 ‘‘(c) AVAILABILITY EXCEPTION.—Subsection (a) 

18 does not apply to the extent that the Secretary determines 

19 that satisfactory quality and sufficient quantity of any 

20 such article or item described in subsection (b)(2) grown, 

21 reprocessed, reused, or produced in the United States can22 not be procured as and when needed or in a time period 

23 that meets the national security needs of the United 

24 States. This section is not applicable to covered items that 

25 are, or include, materials determined to be nonavailable 


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1 in accordance with subpart 25.104 of the Federal Acquisi2 tion Regulation (relating to nonavailable articles). 

3 ‘‘(d) DE MINIMIS EXCEPTION.—Notwithstanding 

4 subsection (a), the Secretary may accept delivery of an 

5 item covered by subsection (b) that contains non-compli6 ant fibers if the total value of non-compliant fibers con7 tained in the end item does not exceed 10 percent of the 

8 total purchase price of the end item. 

9 ‘‘(e) EXCEPTION FOR CERTAIN PROCUREMENTS

10 OUTSIDE THE UNITED STATES.—Subsection (a) does not 

11 apply to the following: 

12 ‘‘(1) Procurements by vessels in foreign waters. 

13 ‘‘(2) Emergency procurements. 

14 ‘‘(f) EXCEPTION FOR SMALL PURCHASES.—Sub15 section (a) does not apply to purchases for amounts not 

16 greater than the simplified acquisition threshold referred 

17 to in section 134 of title 41, United States Code. 

18 ‘‘(g) APPLICABILITY TO CONTRACTS AND SUB19 CONTRACTS FOR PROCUREMENT OF COMMERCIAL

20 ITEMS.—This section is applicable to contracts and sub21 contracts for the procurement of commercial items not22 withstanding section 1906 of title 41, United States Code, 

23 with the exception of commercial items listed under sub24 paragraphs (C) and (D) of subsection (b)(2). For the pur25 poses of this subsection, the term ‘commercial item’ has 


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1 the meaning given the term in section 2.101 of the Federal 

2 Acquisition Regulation. 

3 ‘‘(h) GEOGRAPHIC COVERAGE.—In this section, the 

4 term ‘United States’ includes the possessions of the 

5 United States. 

6 ‘‘(i) NOTIFICATION REQUIRED WITHIN 7 DAYS

7 AFTER CONTRACT AWARD IF CERTAIN EXCEPTIONS AP8 PLIED.—In the case of any contract for the procurement 

9 of an item described in subsection (b)(2), if the Secretary 

10 applies the exception set forth in subsection (c) with re11 spect to that contract, the Secretary shall, not later than 

12 7 days after the award of the contract— 

13 ‘‘(1) post a notification that the exception has 

14 been applied on the Internet website maintained by 

15 the General Services Administration known as 

16 FedBizOpps (or any successor website); and 

17 ‘‘(2) notify the Committee on Homeland Secu18 rity and Governmental Affairs of the Senate and the 

19 Committee on Oversight and Government Reform 

20 and the Committee on Homeland Security of the 

21 House of Representatives of the exception. 

22 ‘‘(j) TRAINING.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

24 that each member of the acquisition workforce who 

25 participates personally and substantially in the acVerDate Mar 15 2010 23:39 Feb 15, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2114.IS S2114

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1 quisition of textiles on a regular basis receives train2 ing on the requirements of this section and the regu3 lations implementing this section. 

4 ‘‘(2) INCLUSION OF INFORMATION IN NEW

5 TRAINING PROGRAMS.—The Secretary shall ensure 

6 that any training program for the acquisition work7 force developed or implemented after the date of the 

8 enactment of this section includes comprehensive in9 formation on the requirements described in para10 graph (1). 

11 ‘‘(k) CONSISTENCY WITH INTERNATIONAL AGREE12 MENTS.—This section shall be applied in a manner con13 sistent with United States obligations under international 

14 agreements.’’. 

15 (b) TABLE OF CONTENTS.—The table of contents in 

16 section 1(b) of the Homeland Security Act of 2002 (6 

17 U.S.C. 101(b)) is amended by inserting after the item re18 lating to section 889 the following new item: 

‘‘Sec. 890. Buy American requirement; exceptions.’’. 

19 (c) EFFECTIVE DATE.—Section 890 of the Homeland 

20 Security Act of 2002, as added by subsection (a), shall 

21 apply with respect to contracts entered into by the Depart22 ment of Homeland Security on and after the date occur23 ring 180 days after the date of the enactment of this Act. 

Æ 


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