Berry Amendment Extension Act - Amends the Homeland Security Act of 2002 to prohibit the Secretary of the Department of Homeland Security (DHS) from procuring specified covered items directly related to national security interests (including clothing, tents, or natural fiber products) 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 as and when needed.
Makes additional exceptions for: (1) procurements by vessels in foreign waters; (2) emergency procurements; and (3) purchases for amounts not greater than the simplified acquisition threshold ($100,000). Requires the Secretary to post a notification that an exception has been applied not later than seven days after the award of the contract.
Directs the Secretary to ensure that: (1) each member of DHS's acquisition workforce who regularly participates in textile acquisition receives training on this Act's requirements; and (2) any such training includes comprehensive information on such requirements.
Requires this Act to be applied in a manner consistent with U.S. obligations under international agreements.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3116 Introduced in House (IH)]
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.
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) 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 subsections (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 subsection (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 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.
``(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
cannot 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.--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)(2), if the Secretary
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.
``(i) Training.--
``(1) In general.--The Secretary shall ensure that each
member of the acquisition workforce who participates personally
and substantially in the acquisition of textiles on a regular
basis receives training 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 section includes comprehensive
information on the requirements described in paragraph (1).
``(j) Consistency With International Agreements.--
``(1) In general.--No provision of this section shall apply
to the extent the Secretary, 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 shall submit a report each
year to the Committee on Homeland Security 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 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 section because
that provision was made inapplicable pursuant to such a
determination.''.
(b) Effective Date.--Section 890 of the Homeland 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Management, Investigations, and Oversight.
Ms. Richardson moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H6691-6694)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3116.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6691-6692)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6691-6692)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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