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 pro-
curing certain items directly related to the national secu-
rity unless the items are grown, reprocessed, reused, 
or produced in the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Berry Amendment Ex-
tension Act’’. 
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SEC. 2. BUY AMERICAN REQUIREMENT IMPOSED ON DE-
PARTMENT OF HOMELAND SECURITY; EXCEP-
TIONS. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 890. BUY AMERICAN REQUIREMENT; EXCEPTIONS. 
‘‘(a) REQUIREMENT.—Except as provided in sub-
sections (c) through (e), the Secretary may not procure 
an item described in subsection (b) if the item is not 
grown, reprocessed, reused, or produced in the United 
States. 
‘‘(b) COVERED ITEMS.— 
‘‘(1) IN GENERAL.—An item referred to in sub-
section (a) is any item described in paragraph (2), 
if the item is directly related to the national security 
interests of the United States. 
‘‘(2) ITEMS DESCRIBED.—An item described in 
this paragraph is any article or item of— 
‘‘(A) clothing and the materials and com-
ponents thereof, other than sensors, electronics, 
or other items added to, and not normally asso-
ciated with, clothing (and the materials and 
components thereof); 
‘‘(B) tents, tarpaulins, or covers; 
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‘‘(C) cotton and other natural fiber prod-
ucts, woven silk or woven silk blends, spun silk 
yarn for cartridge cloth, synthetic fabric or 
coated synthetic fabric (including all textile fi-
bers and yarns that are for use in such fabrics), 
canvas products, or wool (whether in the form 
of fiber or yarn or contained in fabrics, mate-
rials, or manufactured articles); or 
‘‘(D) any item of individual equipment 
manufactured from or containing such fibers, 
yarns, fabrics, or materials. 
‘‘(c) AVAILABILITY
EXCEPTION.—Subsection (a) 
does not apply to the extent that the Secretary determines 
that satisfactory quality and sufficient quantity of any 
such article or item described in subsection (b)(2) grown, 
reprocessed, reused, or produced in the United States can-
not be procured as and when needed. 
‘‘(d) EXCEPTION
FOR
CERTAIN
PROCUREMENTS 
OUTSIDE THE UNITED STATES.—Subsection (a) does not 
apply to the following: 
‘‘(1) Procurements by vessels in foreign waters. 
‘‘(2) Emergency procurements. 
‘‘(e) EXCEPTION
FOR SMALL PURCHASES.—Sub-
section (a) does not apply to purchases for amounts not 
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greater than the simplified acquisition threshold referred 
to in section 2304(g) of title 10, United States Code. 
‘‘(f) APPLICABILITY
TO
CONTRACTS
AND
SUB-
CONTRACTS
FOR
PROCUREMENT
OF
COMMERCIAL 
ITEMS.—This section is applicable to contracts and sub-
contracts for the procurement of commercial items not-
withstanding section 34 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 430). 
‘‘(g) GEOGRAPHIC COVERAGE.—In this section, the 
term ‘United States’ includes the possessions of the 
United States. 
‘‘(h) NOTIFICATION REQUIRED WITHIN 7 DAYS 
AFTER CONTRACT AWARD IF CERTAIN EXCEPTIONS AP-
PLIED.—In the case of any contract for the procurement 
of an item described in subsection (b)(2), if the Secretary 
applies an exception set forth in subsection (c) with re-
spect to that contract, the Secretary shall, not later than 
7 days after the award of the contract, post a notification 
that the exception has been applied. 
‘‘(i) TRAINING.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that each member of the acquisition workforce who 
participates personally and substantially in the ac-
quisition of textiles on a regular basis receives train-
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ing on the requirements of this section and the regu-
lations implementing this section. 
‘‘(2) INCLUSION
OF
INFORMATION
IN
NEW 
TRAINING PROGRAMS.—The Secretary shall ensure 
that any training program for the acquisition work-
force developed or implemented after the date of the 
enactment of this section includes comprehensive in-
formation on the requirements described in para-
graph (1). 
‘‘(j) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.— 
‘‘(1) IN GENERAL.—No provision of this section 
shall apply to the extent the Secretary, in consulta-
tion with the United States Trade Representative, 
determines that it is in inconsistent with United 
States obligations under an international agreement. 
‘‘(2) REPORT.—The Secretary shall submit a 
report each year to the Committee on Homeland Se-
curity of the House of Representatives containing, 
with respect to the year covered by the report— 
‘‘(A) a list of each provision of this section 
that did not apply during that year pursuant to 
a determination by the Secretary under para-
graph (1); and 
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‘‘(B) a list of each contract awarded by the 
Department of Homeland Security during that 
year without regard to a provision in this sec-
tion because that provision was made inappli-
cable pursuant to such a determination.’’. 
(b) EFFECTIVE DATE.—Section 890 of the Home-
land Security Act of 2002, as added by subsection (a), 
shall apply with respect to contracts entered into by the 
Department of Homeland Security on and after the date 
occurring 180 days after the date of the enactment of this 
Act. 
Æ 
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