I 

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. 

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) REQUIREMENT.—Except as provided in sub5 sections (c) through (e), funds appropriated or otherwise 

6 available to the Department of Homeland Security may 

7 not be used for the procurement of an item described in 

8 subsection (b) if the item is not grown, reprocessed, re9 used, or produced in the United States. 

10 (b) COVERED ITEMS.—An item referred to in sub11 section (a) is any of the following, if the item is directly 

12 related to the national security interests of the United 

13 States: 

14 (1) An article or item of— 

15 (A) clothing and the materials and compo16 nents thereof, other than sensors, electronics, or 

17 other items added to, and not normally associ18 ated with, clothing (and the materials and com19 ponents thereof); 

20 (B) tents, tarpaulins, or covers; 

21 (C) cotton and other natural fiber prod22 ucts, woven silk or woven silk blends, spun silk 

23 yarn for cartridge cloth, synthetic fabric or 

24 coated synthetic fabric (including all textile fi25 bers and yarns that are for use in such fabrics), 

26 canvas products, or wool (whether in the form 


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1 of fiber or yarn or contained in fabrics, mate2 rials, or manufactured articles); or 

3 (D) any item of individual equipment man4 ufactured from or containing such fibers, yarns, 

5 fabrics, or materials. 

6 (2) Specialty metals, including stainless steel 

7 flatware. 

8 (3) Hand or measuring tools. 

9 (c) AVAILABILITY EXCEPTION.—Subsection (a) does 

10 not apply to the extent that the Secretary of Homeland 

11 Security determines that satisfactory quality and suffi12 cient quantity of any such article or item described in sub13 section (b)(1) or specialty metals (including stainless steel 

14 flatware) grown, reprocessed, reused, or produced in the 

15 United States cannot be procured as and when needed at 

16 United States market prices. 

17 (d) EXCEPTION FOR CERTAIN PROCUREMENTS OUT18 SIDE THE UNITED STATES.—Subsection (a) does not 

19 apply to the following: 

20 (1) Procurements by vessels in foreign waters. 

21 (2) Emergency procurements or procurements 

22 of perishable foods by an establishment located out23 side the United States for the personnel attached to 

24 such establishment. 


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1 (e) EXCEPTION FOR SMALL PURCHASES.—Sub2 section (a) does not apply to purchases for amounts not 

3 greater than the simplified acquisition threshold referred 

4 to in section 2304(g) of title 10, United States Code. 

5 (f) APPLICABILITY TO CONTRACTS AND SUB6 CONTRACTS FOR PROCUREMENT OF COMMERCIAL

7 ITEMS.—This section is applicable to contracts and sub8 contracts for the procurement of commercial items not9 withstanding section 34 of the Office of Federal Procure10 ment Policy Act (41 U.S.C. 430). 

11 (g) GEOGRAPHIC COVERAGE.—In this section, the 

12 term ‘‘United States’’ includes the possessions of the 

13 United States. 

14 (h) NOTIFICATION REQUIRED WITHIN 7 DAYS

15 AFTER CONTRACT AWARD IF CERTAIN EXCEPTIONS AP16 PLIED.—In the case of any contract for the procurement 

17 of an item described in subsection (b)(1), if the Secretary 

18 of Homeland Security applies an exception set forth in 

19 subsection (c) with respect to that contract, the Secretary 

20 shall, not later than 7 days after the award of the con21 tract, post a notification that the exception has been ap22 plied on the Internet site maintained by the General Serv23 ices Administration known as FedBizOps.gov (or any suc24 cessor site). 

25 (i) TRAINING DURING FISCAL YEAR 2006.— 


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1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security shall ensure that each member of the acqui3 sition workforce in the Department of Homeland Se4 curity who participates personally and substantially 

5 in the acquisition of textiles on a regular basis re6 ceives training during fiscal year 2006 on the re7 quirements of this section and the regulations imple8 menting this section. 

9 (2) INCLUSION OF INFORMATION IN NEW

10 TRAINING PROGRAMS.—The Secretary shall ensure 

11 that any training program for the acquisition work12 force developed or implemented after the date of the 

13 enactment of this Act includes comprehensive infor14 mation on the requirements described in paragraph 

15 (1). 

16 (j) CONSISTENCY WITH INTERNATIONAL AGREE17 MENTS.— 

18 (1) IN GENERAL.—No provision of this Act 

19 shall apply to the extent the Secretary of Homeland 

20 Security, in consultation with the United States 

21 Trade Representative, determines that it is in incon22 sistent with United States obligations under an 

23 international agreement. 

24 (2) REPORT.—The Secretary of Homeland Se25 curity shall submit a report each year to Congress 


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1 containing, with respect to the year covered by the 

2 report— 

3 (A) a list of each provision of this Act that 

4 did not apply during that year pursuant to a 

5 determination by the Secretary under para6 graph (1); and 

7 (B) a list of each contract awarded by the 

8 Department of Homeland Security during that 

9 year without regard to a provision in this Act 

10 because that provision was made inapplicable 

11 pursuant to such a determination. 

12 (k) EFFECTIVE DATE.—This section applies with re13 spect to contracts entered into by the Department of 

14 Homeland Security after the date of the enactment of this 

15 Act. 

Æ 


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