110th CONGRESS
1st Session
H. R. 1686
To amend the Homeland Security Act to require that uniforms, protective
gear, badges, and identification cards of personnel be manufactured in the
United States.
IN THE HOUSE OF REPRESENTATIVES
March 26, 2007
Mr. ETHERIDGE (for himself, Mr. ROGERS of Alabama, and Mr. THOMPSON of
Mississippi) introduced the following bill; which was referred to the Committee
on Homeland Security
A BILL
To amend the Homeland Security Act to require that uniforms, protective
gear, badges, and identification cards of personnel be manufactured 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 `Department of Homeland Security Secure American
Federal Equipment Procurement Act--DHS SAFE Procurement Act'.
SEC. 2. REQUIREMENT THAT UNIFORMS, PROTECTIVE GEAR, BADGES, AND IDENTIFICATION
CARDS OF HOMELAND SECURITY PERSONNEL BE MANUFACTURED IN THE UNITED STATES.
(a) In General- Subtitle D of title VIII of the Homeland Security Act of
2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following
new section:
`SEC. 836. REQUIREMENT THAT CERTAIN ARTICLES PROCURED FOR DEPARTMENT PERSONNEL
BE MANUFACTURED IN THE UNITED STATES.
`(a) Requirement- Except as provided in section (c), funds appropriated
or otherwise available to the Department may not be used for the procurement
of an article described in section (b) if the item is not manufactured in
the United States.
`(b) Covered Articles- An article referred to in subsection (a) is any of
the following articles procured for personnel of the Department:
`(3) Badges or other insignia indicating the rank, office, or position
of personnel.
`(4) Identification cards.
`(c) Availability Exception- Subsection (a) does not apply to the extent
that the Secretary determines that satisfactory quality and sufficient quantity
of the article cannot be procured as and when needed at United States market
prices. If such a determination is made with respect to an article, the
Secretary shall--
`(1) notify the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate within 7 days after making the determination; and
`(2) include in that notification a certification that manufacturing the
article outside the United States does not pose a risk to the national
security of the United States, as well as a detailed explanation of the
steps any facility outside the United States that is manufacturing the
article will be required to take to ensure that the materials, patterns,
logos, designs, or any other element used in or for the article are not
misappropriated.
`(d) Other Exceptions- Subsection (a) does not apply to--
`(1) acquisitions at or below the micro-purchase threshold (as defined
in section 32 of the Office of Federal Procurement Policy Act (41 U.S.C.
428)); or
`(2) acquisitions outside the United States for use outside of the United
States.
`(e) Relationship to Waiver Under Trade Agreements Act of 1979- Subsection
(a) shall apply notwithstanding any waiver under section 301 of the Trade
Agreements Act of 1979 (19 U.S.C. 2511).'.
(b) Conforming Amendment- The table of contents of the Homeland Security
Act of 2002 is amended by adding after the item relating to section 835
the following new item:
`826. Requirement that certain articles procured for Department personnel
be manufactured in the United States.'.
(c) Applicability- The amendments made by this section take effect 120 days
after the date of the enactment of this Act and apply to any contract entered
into on or after that date for the procurement of items to which such amendments
apply.
END
