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6 U.S.C. § 459 — Requirement to buy certain items related to national security interests from American sources; exceptions
Federal law — U.S. Code and appendices · legal_authorities
**(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) 11 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 b
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Source file: Laws/federal/codes/united-states-code/title-6/section-459-requirement-to-buy-certain-items-related-to-national-security-interests--963a5b4631.md
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Source location: Title 6, Chapter 1, § 459; chapter-001-homeland-security-organization.md
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**(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) 11 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 3205 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1906&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103&num=0&edition=prelim).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “commercial product” means any of the following:
(1) A product, other than real property, that—
(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and
(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.
(2) A product that—
(A) evolved from a product described in paragraph (1) through advances in technology or performance; and
(B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation.
(3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for—
(A) modifications of a type customarily available in the commercial marketplace; or
(B) minor modifications made to meet Federal Government requirements.
(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public.
(5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that—
(A) the product was developed exclusively at private expense; and
(B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “Council” has the meaning given that term in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1301&num=0&edition=prelim).
**(b) Contracts.—**
(1) **Inclusion in federal acquisition regulation.—** — The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the procurement of commercial products or commercial services. A provision of law properly included on the list pursuant to paragraph (2) does not apply to purchases of commercial products or commercial services by an executive agency. This section does not render a provision of law not included on the list inapplicable to contracts for the procurement of commercial products or commercial services.
(2) **Laws enacted after october 13, 1994.—** — A provision of law described in subsection (d) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of law required by paragraph (1) unless the Council makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts for the procurement of commercial products or commercial services from the applicability of the provision.
**(c) Subcontracts.—**
(1) **Definition.—** — In this subsection, the term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor. The term does not include agreements entered into by a contractor for the supply of commodities that are intended for use in the performance of multiple contracts with the Federal Government and other parties and are not identifiable to any particular contract.
(2) **In
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1906
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Inclusion in Federal Acquisition Regulation.—**
(1) **In general.—** — The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the procurement of commercially available off-the-shelf items. A provision of law properly included on the list pursuant to paragraph (2) does not apply to contracts for the procurement of commercially available off-the-shelf items. This section does not render a provision of law not included on the list inapplicable to contracts for the procurement of commercially available off-the-shelf items.
(2) **Laws to be included.—** — A provision of law described in subsection (b) shall be included on the list of inapplicable provisions of law required by paragraph (1) unless the Administrator makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts for the procurement of commercially available off-the-shelf items from the applicability of the provision.
(3) **Other authorities or responsibilities not affected.—** — This section does not modify, supersede, impair, or restrict authorities or responsibilities under—
(A) section 15 of the Small Business Act ([15 U.S.C. 644](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim)); or
(B) bid protest procedures developed under the authority of—
(i) subchapter V of chapter 35 of title 31;
(ii) [section 3308 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3308&num=0&edition=prelim); or
(iii) sections 3706 and 3707 of this title.
**(b) Covered Law.—** Except as provided in subsection (a)(3), a provision of law referred to in subsection (a)(1) is a provision of law that the Ad
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1907
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization.—** In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for—
(1) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and
(2) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial products or commercial services.
**(b) Prohibition on Dividing Contracts.—** A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified procedures required by subsection (a).
**(c) Promotion of Competition.—** In using simplified procedures, the head of an agency shall promote competition to the maximum extent practicable.
**(d) Compliance With Special Requirements of Federal Acquisition Regulation.—** The head of an agency shall comply with the Federal Acquisition Regulation provisions referred to in [section 1901(e) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901/e&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3205
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Federal law — U.S. Code and appendices · legal_authorities
Page 233
TITLE 6—DOMESTIC SECURITY
§ 459
(2) Evaluation of counternarcotics activities
The Director of the Office of Counter-
narcotics Enforcement shall, not later than
February 1 of each year, submit to the Com-
mittees on Appropriations and the authorizing
committees of jurisdiction of the House of
Representatives and the Senate a review and
evaluation of the counternarcotics activities
of the Department for the previous fiscal year.
The review and evaluation shall—
(A) describe the counternarcotics activi-
ties of the Department and each subdivision
of the Department (whether individually or
in cooperation with other subdivisions of the
Department, or in cooperation with other
branches of the Federal Government or with
State or local agencies), including the meth-
ods, procedures, and systems (including com-
puter systems) for collecting, analyzing,
sharing, and disseminating information con-
cerning narcotics activity within the De-
partment and between the Department and
other Federal, State, and local agencies;
(B) describe the results of those activities,
using quantifiable data whenever possible;
(C) state whether those activities were suf-
ficient to meet the responsibility of the De-
partment to stop the entry of illegal drugs
into the United States, including a descrip-
tion of the performance measures of effec-
tiveness that were used in making that de-
termination; and
(D)
recommend,
where
appropriate,
changes to those activities to improve the
performance of the Department in meeting
its responsibility to stop the entry of illegal
drugs into the United States.
(3) Classified or law enforcement sensitive in-
formation
Any content of a review and evaluation de-
scribed in the reports required in this sub-
section that involves in
Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 459
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