Berry Amendment Extension Act - Prohibits the Department of Homeland Security (DHS) from procuring specified covered items directly related to national security interests (including clothing, tents, or natural fiber products, specialty metals, or hand or measuring tools) that are not grown, reprocessed, reused, or produced in the United States, except to the extent satisfactory quality and sufficient quantity of any such product cannot be procured at U.S. market prices.
Makes additional exceptions for: (1) procurements by vessels in foreign waters; (2) emergency procurements or procurements of perishable foods by establishments located outside the United States for their personnel; and (3) purchases for amounts not greater than the simplified acquisition threshold ($100,000).
Directs the Secretary to ensure that: (1) each member of the Department's acquisition workforce who regularly participates in textile acquisition receives training during FY2006 on this Act's requirements; and (2) any such training includes comprehensive information on such requirements.
Makes this Act inapplicable to the extent that it is inconsistent with U.S. obligations under an international agreement.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4946 Introduced in House (IH)]
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 procuring certain
items directly related to the national security unless the items are
grown, reprocessed, reused, or produced in the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Berry Amendment Extension Act''.
SEC. 2. BUY-AMERICAN REQUIREMENT IMPOSED ON DEPARTMENT OF HOMELAND
SECURITY; EXCEPTIONS.
(a) Requirement.--Except as provided in subsections (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,
reused, or produced in the United States.
(b) Covered Items.--An item referred to in subsection (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 components
thereof, other than sensors, electronics, or other
items added to, and not normally associated with,
clothing (and the materials and components thereof);
(B) tents, tarpaulins, or covers;
(C) cotton and other natural fiber products, woven
silk or woven silk blends, spun silk yarn for cartridge
cloth, synthetic fabric or coated synthetic fabric
(including all textile fibers 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,
materials, or manufactured articles); or
(D) any item of individual equipment manufactured
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 sufficient quantity of any such article or
item described in subsection (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 Outside 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 outside the United States for
the personnel attached to such establishment.
(e) Exception for Small Purchases.--Subsection (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 Subcontracts for Procurement of
Commercial Items.--This section is applicable to contracts and
subcontracts for the procurement of commercial items notwithstanding
section 34 of the Office of Federal Procurement 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 Applied.--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 contract, post a notification that the
exception has been applied on the Internet site maintained by the
General Services Administration known as FedBizOps.gov (or any
successor site).
(i) Training During Fiscal Year 2006.--
(1) In general.--The Secretary of Homeland Security shall
ensure that each member of the acquisition workforce in the
Department of Homeland Security who participates personally and
substantially in the acquisition of textiles on a regular basis
receives training during fiscal year 2006 on the requirements
of this section and the regulations implementing this section.
(2) Inclusion of information in new training programs.--The
Secretary shall ensure that any training program for the
acquisition workforce developed or implemented after the date
of the enactment of this Act includes comprehensive information
on the requirements described in paragraph (1).
(j) Consistency With International Agreements.--
(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 inconsistent with United States obligations under an
international agreement.
(2) Report.--The Secretary of Homeland Security 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 paragraph (1); and
(B) a list of each contract awarded by the
Department of Homeland Security during that 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 respect to contracts
entered into by the Department of Homeland Security after the date of
the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Management, Integration, and Oversight.
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