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. 
(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) grown, reprocessed, reused, or produced in 
the United States cannot be procured as and when needed. 
(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. 
(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-
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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 know as FedBizOps.gov (or any suc-
cessor site). 
(i) TRAINING DURING FISCAL YEAR 2008.— 
(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 2008 on the re-
quirements of this section and the regulations imple-
menting this section. 
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(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 
containing, with respect to the year covered by the 
report— 
(A) a list of each provision of this Act that 
did not apply during that year pursuant to a 
determination by the Secretary under para-
graph (1); and 
(B) a list of each contract awarded by the 
Department of Homeland Security during that 
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year without regard to a provision in this Act 
because that provision was made inapplicable 
pursuant to such a determination. 
(k) EFFECTIVE DATE.—This section applies with re-
spect to contracts entered into by the Department of 
Homeland Security after the date of the enactment of this 
Act. 
Æ 
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