IIB 

111TH CONGRESS 

2D SESSION H. R. 3116 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 16, 2010 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Berry Amendment Ex3 tension Act’’. 

4 SEC. 2. BUY AMERICAN REQUIREMENT IMPOSED ON DE5 PARTMENT OF HOMELAND SECURITY; EXCEP6 TIONS. 

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

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

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

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

11 ‘‘(a) REQUIREMENT.—Except as provided in sub12 sections (c) through (e), the Secretary may not procure 

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

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

15 States. 

16 ‘‘(b) COVERED ITEMS.— 

17 ‘‘(1) IN GENERAL.—An item referred to in sub18 section (a) is any item described in paragraph (2), 

19 if the item is directly related to the national security 

20 interests of the United States. 

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

22 this paragraph is any article or item of— 

23 ‘‘(A) clothing and the materials and com24 ponents thereof, other than sensors, electronics, 

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1 ciated with, clothing (and the materials and 

2 components thereof); 

3 ‘‘(B) tents, tarpaulins, or covers; 

4 ‘‘(C) cotton and other natural fiber prod5 ucts, woven silk or woven silk blends, spun silk 

6 yarn for cartridge cloth, synthetic fabric or 

7 coated synthetic fabric (including all textile fi8 bers and yarns that are for use in such fabrics), 

9 canvas products, or wool (whether in the form 

10 of fiber or yarn or contained in fabrics, mate11 rials, or manufactured articles); or 

12 ‘‘(D) any item of individual equipment 

13 manufactured from or containing such fibers, 

14 yarns, fabrics, or materials. 

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

16 does not apply to the extent that the Secretary determines 

17 that satisfactory quality and sufficient quantity of any 

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

19 reprocessed, reused, or produced in the United States can20 not be procured as and when needed. 

21 ‘‘(d) EXCEPTION FOR CERTAIN PROCUREMENTS

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

23 apply to the following: 

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

25 ‘‘(2) Emergency procurements. 


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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)(2), if the Secretary 

18 applies an exception set forth in subsection (c) with re19 spect to that contract, the Secretary shall, not later than 

20 7 days after the award of the contract, post a notification 

21 that the exception has been applied. 

22 ‘‘(i) TRAINING.— 

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

24 that each member of the acquisition workforce who 

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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 ‘‘(j) 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) EFFECTIVE DATE.—Section 890 of the Home16 land Security Act of 2002, as added by subsection (a), 

17 shall apply with respect to contracts entered into by the 

18 Department of Homeland Security on and after the date 

19 occurring 180 days after the date of the enactment of this 

20 Act. 

Passed the House of Representatives September 15, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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