I 

110TH CONGRESS 

1ST SESSION H. R. 1686 

To amend the Homeland Security Act to require that uniforms, protective 

gear, badges, and identification cards of personnel be manufactured in 

the United States. 

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 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 ‘‘Department of Home5 land Security Secure American Federal Equipment Pro6 curement Act—DHS SAFE Procurement Act’’. 

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1 SEC. 2. REQUIREMENT THAT UNIFORMS, PROTECTIVE 

2 GEAR, BADGES, AND IDENTIFICATION CARDS 

3 OF HOMELAND SECURITY PERSONNEL BE 

4 MANUFACTURED IN THE UNITED STATES. 

5 (a) IN GENERAL.—Subtitle D of title VIII of the 

6 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

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

8 ‘‘SEC. 836. REQUIREMENT THAT CERTAIN ARTICLES PRO9 CURED FOR DEPARTMENT PERSONNEL BE 

10 MANUFACTURED IN THE UNITED STATES. 

11 ‘‘(a) REQUIREMENT.—Except as provided in section 

12 (c), funds appropriated or otherwise available to the De13 partment may not be used for the procurement of an arti14 cle described in section (b) if the item is not manufactured 

15 in the United States. 

16 ‘‘(b) COVERED ARTICLES.—An article referred to in 

17 subsection (a) is any of the following articles procured for 

18 personnel of the Department: 

19 ‘‘(1) Uniforms. 

20 ‘‘(2) Protective gear. 

21 ‘‘(3) Badges or other insignia indicating the 

22 rank, office, or position of personnel. 

23 ‘‘(4) Identification cards. 

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

25 does not apply to the extent that the Secretary determines 

26 that satisfactory quality and sufficient quantity of the armmaher on PROD1PC60 with BILLS

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1 ticle cannot be procured as and when needed at United 

2 States market prices. If such a determination is made with 

3 respect to an article, the Secretary shall— 

4 ‘‘(1) notify the Committee on Homeland Secu5 rity of the House of Representatives and the Com6 mittee on Homeland Security and Governmental Af7 fairs of the Senate within 7 days after making the 

8 determination; and 

9 ‘‘(2) include in that notification a certification 

10 that manufacturing the article outside the United 

11 States does not pose a risk to the national security 

12 of the United States, as well as a detailed expla13 nation of the steps any facility outside the United 

14 States that is manufacturing the article will be re15 quired to take to ensure that the materials, patterns, 

16 logos, designs, or any other element used in or for 

17 the article are not misappropriated. 

18 ‘‘(d) OTHER EXCEPTIONS.—Subsection (a) does not 

19 apply to— 

20 ‘‘(1) acquisitions at or below the micro-purchase 

21 threshold (as defined in section 32 of the Office of 

22 Federal Procurement Policy Act (41 U.S.C. 428)); 

23 or 

24 ‘‘(2) acquisitions outside the United States for 

25 use outside of the United States. 

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1 ‘‘(e) RELATIONSHIP TO WAIVER UNDER TRADE

2 AGREEMENTS ACT OF 1979.—Subsection (a) shall apply 

3 notwithstanding any waiver under section 301 of the 

4 Trade Agreements Act of 1979 (19 U.S.C. 2511).’’. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents of the Homeland Security Act of 2002 is amended 

7 by adding after the item relating to section 835 the fol8 lowing new item: 

‘‘826. Requirement that certain articles procured for Department personnel be 

manufactured in the United States.’’. 

9 (c) APPLICABILITY.—The amendments made by this 

10 section take effect 120 days after the date of the enact11 ment of this Act and apply to any contract entered into 

12 on or after that date for the procurement of items to which 

13 such amendments apply. 

Æ 

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