§ 453b. Requirement to buy certain items related to national security interests from American sources; exceptions

Footnotes

1. 1 So in original. No par. (2) has been enacted.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2009

   American Recovery and Reinvestment Act of 2009

   Pub. L. 111–5 div. A title VI § 604 · 123 Stat. 115

   Enacted · 6 U.S.C. § 453b

   Pub. L. 111–5, div. A, title VI, § 604, Feb. 17, 2009, 123 Stat. 165

   Source evidence

   Code source credit
   Pub. L. 111–5, div. A, title VI, § 604, Feb. 17, 2009, 123 Stat. 165

   Enacted provision · exact public law section
   Sec. 604. (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) 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, United States Code. (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 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430), 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 the date of the enactment of this Act includes comprehensive information on the requirements described in paragraph (1). (k) CONSISTENCY WITH INTERNATIONAL AGREEMENTS.— Applicability. 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 the date of the enactment of this Act.

2. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 836(g)(1) · 132 Stat. 1636

   1. Substituted · 6 U.S.C. § 453b(g)

      Pub. L. 115–232 substituted “commercial products” for “commercial items” in heading and, in text

   2. Substituted · 6 U.S.C. § 453b(g)

      Pub. L. 115–232 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 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430), with the exception of commercial items listed”

   3. Substituted · 6 U.S.C. § 453b(g)

      Pub. L. 115–232 substituted “ ‘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.”

   Source evidence

   Code amendment note
   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 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430), 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.”

   Enacted provision · exact public law section
   (1) Section 604(g) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(g)) is amended— (A) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products”; (B) by striking “procurement of commercial” in the first sentence and all that follows through “items listed” and inserting “procurement of commercial products notwithstanding section 1906 of title 41, United States Code, with the exception of commercial products listed”; and (C) in the second sentence— (i) by inserting “product” after “commercial”; and (ii) by striking “in the” and all that follows and inserting “in section 103 of title 41, United States Code.”.

   Effective date note
   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.”

3. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 div. A title XVII § 1702(c)(5) · 135 Stat. 1541

   Substituted · 6 U.S.C. § 453b(f)

   Pub. L. 117–81 substituted “section 3205” for “section 2304(g)”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 117–81 substituted “section 3205” for “section 2304(g)”.

   Enacted provision · exact public law section
   (5) Section 604(f) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(f)) is amended by striking “section 2304(g)” and inserting “section 3205”.

5 of 5 references resolved to an enrolled provision