H.R. 3116House111th Congress (2009-2011)Passed House

Berry Amendment Extension Act

Introduced July 7, 2009

Legislative Activity

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9 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

September 16, 2010

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HouseIntro Referral

Introduced in House

July 7, 2009

HouseIntro Referral

Referred to the House Committee on Homeland Security.

July 7, 2009

HouseCommittee

Referred to the Subcommittee on Management, Investigations, and Oversight.

July 13, 2009

HouseFloor

Ms. Richardson moved to suspend the rules and pass the bill, as amended.

September 15, 2010 • 10:39 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H6691-6694)

September 15, 2010 • 10:39 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 3116.

September 15, 2010 • 10:39 AM

HouseFloor

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)

September 15, 2010 • 10:53 AM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6691-6692)

September 15, 2010 • 10:53 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 15, 2010 • 10:53 AM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

September 16, 2010

Floor Debate

5 members

What members said about H.R. 3116 on the floor

2 Republicans3 Democrats
Laura Richardson
Rep. Laura RichardsonD-CA-37 · Sep 15, 2010

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3116) to prohibit the Department of Homeland Security from procuring certain items directly related to the national security unless…

Larry Kissell
Rep. Larry KissellD-NC-8 · Sep 15, 2010

I would like to thank my colleague from California for yielding the time and also for her strong support for made in America and U.S. manufacturing. Mr. Speaker, I rise in strong support of H.R.…

Howard Coble
Rep. Howard CobleR-NC-6 · Sep 15, 2010

I thank my colleague from Alabama. You indicate your involvement and exposure to textile employment, as did my friend from North Carolina. My late mom was a textile worker, so I, too, appreciate the…

Bennie G. Thompson
Rep. Bennie G. ThompsonD-MS-2 · Sep 15, 2010

Mr. Speaker, I rise before you today to speak in support of H.R. 3116, the Berry Amendment Extension Act. As introduced by the gentleman from North Carolina, Mr. Kissell, H.R. 3116 would require the…

Mike Rogers
Rep. Mike RogersR-AL-3 · Sep 15, 2010

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of H.R. 3116, the Berry Amendment Extension Act. This bill amends the Homeland Security Act of 2002 to…

Bill Text

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Referred in SenateIssued September 16, 2010

IIB

111th CONGRESS

2d Session

H. R. 3116

IN THE SENATE OF THE UNITED STATES

September 16, 2010

Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs

AN ACT

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.

1.

Short title

This Act may be cited as the Berry Amendment Extension Act.

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:

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

This section shall be applied in a manner consistent with United States obligations under international agreements.

.

(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.

Passed the House of Representatives September 15, 2010.

Lorraine C. Miller,

Clerk.