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 pro-
curing certain items directly related to the national secu-
rity unless the items are grown, reprocessed, reused, 
or produced in the United States. 
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) REQUIREMENT.—Except as provided in sub-
sections (c) through (e), funds appropriated or otherwise 
available to the Department of Homeland Security may 
not be used for the procurement of an item described in 
subsection (b) if the item is not grown, reprocessed, re-
used, or produced in the United States. 
(b) COVERED ITEMS.—An item referred to in sub-
section (a) is any of the following, if the item is directly 
related to the national security interests of the United 
States: 
(1) An article or item of— 
(A) clothing and the materials and compo-
nents thereof, other than sensors, electronics, or 
other items added to, and not normally associ-
ated with, clothing (and the materials and com-
ponents thereof); 
(B) tents, tarpaulins, or covers; 
(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 
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of fiber or yarn or contained in fabrics, mate-
rials, or manufactured articles); or 
(D) any item of individual equipment man-
ufactured from or containing such fibers, yarns, 
fabrics, or materials. 
(2) Specialty metals, including stainless steel 
flatware. 
(3) Hand or measuring tools. 
(c) AVAILABILITY EXCEPTION.—Subsection (a) does 
not apply to the extent that the Secretary of Homeland 
Security determines that satisfactory quality and suffi-
cient quantity of any such article or item described in sub-
section (b)(1) or specialty metals (including stainless steel 
flatware) grown, reprocessed, reused, or produced in the 
United States cannot be procured as and when needed at 
United States market prices. 
(d) EXCEPTION FOR CERTAIN PROCUREMENTS OUT-
SIDE
THE UNITED STATES.—Subsection (a) does not 
apply to the following: 
(1) Procurements by vessels in foreign waters. 
(2) Emergency procurements or procurements 
of perishable foods by an establishment located out-
side the United States for the personnel attached to 
such establishment. 
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(e) EXCEPTION
FOR
SMALL
PURCHASES.—Sub-
section (a) does not apply to purchases for amounts not 
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)(1), if the Secretary 
of Homeland Security applies an exception set forth in 
subsection (c) with respect to that contract, the Secretary 
shall, not later than 7 days after the award of the con-
tract, post a notification that the exception has been ap-
plied on the Internet site maintained by the General Serv-
ices Administration known as FedBizOps.gov (or any suc-
cessor site). 
(i) TRAINING DURING FISCAL YEAR 2006.— 
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(1) IN GENERAL.—The Secretary of Homeland 
Security shall ensure that each member of the acqui-
sition workforce in the Department of Homeland Se-
curity who participates personally and substantially 
in the acquisition of textiles on a regular basis re-
ceives training during fiscal year 2006 on the re-
quirements of this section and the regulations imple-
menting 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 Act includes comprehensive infor-
mation on the requirements described in paragraph 
(1). 
(j) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.— 
(1) IN
GENERAL.—No provision of this Act 
shall apply to the extent the Secretary of Homeland 
Security, in consultation with the United States 
Trade Representative, determines that it is in incon-
sistent with United States obligations under an 
international agreement. 
(2) REPORT.—The Secretary of Homeland Se-
curity shall submit a report each year to Congress 
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