123STA T . 1 65PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9otherwis ee l i g i b le f orh az ar dm itigatio n grant p rogram assistan c e u nder section 40 4ofthe R obert T.S tafford D isaster Relief and E mergenc yA ssistance Act ( 4 2U .S. C . 517 0c ) without appro v al in writing from the Administrator. S EC . 6 0 3 . Subparagraph (E) of section 34(a)(1) of the F ederal Fire P revention and Control Act of 1 9 74 (15 U.S.C. 2229a(a)(1)(E)) shall not apply with respect to funds appropriated in this or any other Act ma k ing appropriations for fiscal year 2009 or 2010 for grants under such section 34. SEC. 604. (a) RE QUIR E M E NT . — E x cept as provided in subsections (c) through (g) , funds appropriated or otherwise available to the Department of H omeland Security may not be used for the procure - ment of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States. (b) C OV ERE DI TEM S .—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 mate- rials and components thereof)
( B ) tents, tarpaulins, covers, textile belts, bags, protec- tive e q uipment (including but not limited to body armor), sleep systems, load carrying equipment (including but not limited to fieldpacks), textile marine equipment, para- chutes, 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) AV A I L A B ILIT Y E X CE P TION.—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 N onavailable Articles. (d) DE M INIMIS 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 F OR CERTAIN PROCUREMENTS O UTSIDE T H E 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 6USC453b.
