I 

111TH CONGRESS 

1ST SESSION H. R. 3116 

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 HOUSE OF REPRESENTATIVES 

JULY 7, 2009 

Mr. KISSELL 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, 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 (e), 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 and the materials and com21 ponents thereof, other than sensors, electronics, 

22 or other items added to, and not normally asso23 ciated with, clothing (and the materials and 

24 components thereof); 

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


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1 ‘‘(C) cotton and other natural fiber prod2 ucts, woven silk or woven silk blends, spun silk 

3 yarn for cartridge cloth, synthetic fabric or 

4 coated synthetic fabric (including all textile fi5 bers and yarns that are for use in such fabrics), 

6 canvas products, or wool (whether in the form 

7 of fiber or yarn or contained in fabrics, mate8 rials, or manufactured articles); or 

9 ‘‘(D) any item of individual equipment 

10 manufactured from or containing such fibers, 

11 yarns, fabrics, or materials. 

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

13 does not apply to the extent that the Secretary determines 

14 that satisfactory quality and sufficient quantity of any 

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

16 reprocessed, reused, or produced in the United States can17 not be procured as and when needed. 

18 ‘‘(d) EXCEPTION FOR CERTAIN PROCUREMENTS

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

20 apply to the following: 

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

22 ‘‘(2) Emergency procurements. 

23 ‘‘(e) EXCEPTION FOR SMALL PURCHASES.—Sub24 section (a) does not apply to purchases for amounts not 


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1 greater than the simplified acquisition threshold referred 

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

3 ‘‘(f) APPLICABILITY TO CONTRACTS AND SUB4 CONTRACTS FOR PROCUREMENT OF COMMERCIAL

5 ITEMS.—This section is applicable to contracts and sub6 contracts for the procurement of commercial items not7 withstanding section 34 of the Office of Federal Procure8 ment Policy Act (41 U.S.C. 430). 

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

10 term ‘United States’ includes the possessions of the 

11 United States. 

12 ‘‘(h) NOTIFICATION REQUIRED WITHIN 7 DAYS

13 AFTER CONTRACT AWARD IF CERTAIN EXCEPTIONS AP14 PLIED.—In the case of any contract for the procurement 

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

16 applies an exception set forth in subsection (c) with re17 spect to that contract, the Secretary shall, not later than 

18 7 days after the award of the contract, post a notification 

19 that the exception has been applied. 

20 ‘‘(i) TRAINING.— 

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

22 that each member of the acquisition workforce who 

23 participates personally and substantially in the ac24 quisition of textiles on a regular basis receives trainVerDate Nov 24 2008 02:53 Jul 08, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3116.IH H3116

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1 ing on the requirements of this section and the regu2 lations implementing this section. 

3 ‘‘(2) INCLUSION OF INFORMATION IN NEW

4 TRAINING PROGRAMS.—The Secretary shall ensure 

5 that any training program for the acquisition work6 force developed or implemented after the date of the 

7 enactment of this section includes comprehensive in8 formation on the requirements described in para9 graph (1). 

10 ‘‘(j) CONSISTENCY WITH INTERNATIONAL AGREE11 MENTS.— 

12 ‘‘(1) IN GENERAL.—No provision of this section 

13 shall apply to the extent the Secretary, in consulta14 tion with the United States Trade Representative, 

15 determines that it is in inconsistent with United 

16 States obligations under an international agreement. 

17 ‘‘(2) REPORT.—The Secretary shall submit a 

18 report each year to the Committee on Homeland Se19 curity of the House of Representatives containing, 

20 with respect to the year covered by the report— 

21 ‘‘(A) a list of each provision of this section 

22 that did not apply during that year pursuant to 

23 a determination by the Secretary under para24 graph (1); and 


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1 ‘‘(B) a list of each contract awarded by the 

2 Department of Homeland Security during that 

3 year without regard to a provision in this sec4 tion because that provision was made inappli5 cable pursuant to such a determination.’’. 

6 (b) EFFECTIVE DATE.—Section 890 of the Home7 land Security Act of 2002, as added by subsection (a), 

8 shall apply with respect to contracts entered into by the 

9 Department of Homeland Security on and after the date 

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

11 Act. 

Æ 


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