§ 453b.
Requirement to buy certain items related to national security interests from American sources; exceptions
(a)
Requirement
Except as provided in subsections (c) through (g), 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)
1
1 So in original. No par. (2) has been enacted.
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, covers, textile belts, bags, protective equipment (including but not limited to body armor), sleep systems, load carrying equipment (including but not limited to fieldpacks), textile marine equipment, parachutes, or bandages;
(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 of Homeland Security determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices. This section is not applicable to covered items that are, or include, materials determined to be non-available in accordance with Federal Acquisition Regulation 25.104 Nonavailable Articles.
(d)
De minimis exception
Notwithstanding subsection (a), the Secretary of Homeland Security may accept delivery of an item covered by subsection (b) that contains non-compliant fibers if the total value of non-compliant fibers contained in the end item does not exceed 10 percent of the total purchase price of the end item.
(e)
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.
(f)
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.
(g)
Applicability to contracts and subcontracts for procurement of commercial items
This section is applicable to contracts and subcontracts for the procurement of commercial items not withstanding section 1906 of title 41, with the exception of commercial items listed under subsections (b)(1)(C) and (b)(1)(D) above. For the purposes of this section, “commercial” shall be as defined in the Federal Acquisition Regulation—Part 2.
(h)
Geographic coverage
In this section, the term “United States” includes the possessions of the United States.
(i)
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).
(j)
Training during fiscal year 2009
(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 2009 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
February 17, 2009
, includes comprehensive information on the requirements described in paragraph (1).(k)
Consistency with international agreements
This section shall be applied in a manner consistent with United States obligations under international agreements.
(l)
Effective date
This section applies with respect to contracts entered into by the Department of Homeland Security 180 days after
February 17, 2009
.Source
(Pub. L. 111–5, div. A, title VI, § 604,Feb. 17, 2009
, 123 Stat. 165; Pub. L. 115–232, div. A, title VIII, § 836(g)(1), Aug. 13, 2018
, 132 Stat. 1872.)Notes
Amendment of Subsection (g)
Pub. L. 115–232, div. A, title VIII, § 836(g)(1), (h),
Aug. 13, 2018
, 132 Stat. 1872, 1874, made amendments to subsection (g) of this section, effective Jan. 1, 2020
, subject to a savings provision. After Jan. 1, 2020
, subsection (g) of this section will read as follows:(g) Applicability to contracts and subcontracts for procurement of commercial products
This section is applicable to contracts and subcontracts for the procurement of commercial products notwithstanding section 1906 of title 41, with the exception of commercial products listed under subsections (b)(1)(C) and (b)(1)(D) above. For the purposes of this section, “commercial product” shall be as defined in section 103 of title 41.
See 2018 Amendment note below.
Codification
In subsec. (g), “section 1906 of title 41” substituted for “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)” on authority of Pub. L. 111–350, § 6(c),
Jan. 4, 2011
, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.Section was enacted as part of the American Recovery and Reinvestment Act of 2009, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2018—Subsec. (g). Pub. L. 115–232, substituted “commercial products” for “commercial items” in heading and, in text, substituted “procurement of commercial products notwithstanding section 1906 of title 41, with the exception of commercial products listed” for “procurement of commercial items not withstanding section 1906 of title 41, with the exception of commercial items listed” and “ ‘commercial product’ shall be as defined in section 103 of title 41.” for “ ‘commercial’ shall be as defined in the Federal Acquisition Regulation—Part 2.”
Effective Date of 2018 Amendment; Savings Provision
Pub. L. 115–232, div. A, title VIII, § 836(h),
Aug. 13, 2018
, 132 Stat. 1874, provided that: “The amendments made by subsections (a) through (g) [see Tables for classification] shall take effect on
January 1, 2020
. Any provision of law that on the day before such effective date is on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1907 of title 41, United States Code, shall be deemed as of that effective date to be on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1906 of such title.”