6 U.S.C. § 453a — Additional uses of appropriated funds

Page 229 TITLE 6—DOMESTIC SECURITY § 453b 1 So in original. No par. (2) has been enacted. and only under the conditions and for the pur- poses specified in such appropriations Act. (c) Budget request Under section 1105 of title 31, the President shall submit to Congress a detailed budget re- quest for the Department for fiscal year 2004, and for each subsequent fiscal year. (Pub. L. 107–296, title VIII, § 873, Nov. 25, 2002, 116 Stat. 2243; Pub. L. 108–7, div. L, § 103(3), Feb. 20, 2003, 117 Stat. 529; Pub. L. 111–245, § 2(a)(2), Sept. 30, 2010, 124 Stat. 2621.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original a reference to this Act, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Home- land Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. Section 93 of title 14, referred to in subsec. (b), was redesignated section 504 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and references to section 93 of title 14 deemed to refer to such redesig- nated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redes- ignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. CODIFICATION In subsec. (a)(1), ‘‘subchapter IV of chapter 5 of title 40’’ substituted for ‘‘section 204 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 2010—Subsec. (b). Pub. L. 111–245 substituted ‘‘title 10, by section 93 of title 14, or by section 321n or 464 of this title, gifts or donations’’ for ‘‘title 10 and by section 93 of title 14, gifts or donations’’. 2003—Subsec. (b). Pub. L. 108–7 substituted ‘‘Except as authorized by section 2601 of title 10 and by section 93 of title 14, gifts’’ for ‘‘Gifts’’. § 453a. Additional uses of appropriated funds In fiscal year 2004 and thereafter, unless other- wise provided, funds may be used for purchase of uniforms without regard to the general purchase price limitation for the current fiscal year; pur- chase of insurance for official motor vehicles op- erated in foreign countries; entering into con- tracts with the Department of State to furnish health and medical services to employees and their dependents serving in foreign countries; services authorized by section 3109 of title 5; and the hire and purchase of motor vehicles, as au- thorized by section 1343 of title 31: Provided, That purchase for police-type use of passenger vehicles may be made without regard to the gen- eral purchase price limitation for the current fiscal year. (Pub. L. 108–90, title V, § 505, Oct. 1, 2003, 117 Stat. 1153.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Homeland Security Appropriations Act, 2004, and not as part of the Homeland Security Act of 2002 which com- prises this chapter. § 453b. Requirement to buy certain items related to national security interests from American sources; exceptions (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, re- processed, 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) 1 An article or item of— (A) clothing and the materials and compo- nents thereof, other than sensors, elec- tronics, 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 equip- ment, parachutes, or bandages; (C) cotton and other natural fiber prod- ucts, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fab- ric 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 con- tained in fabrics, materials, or manufac- tured articles); or (D) any item of individual equipment man- ufactured 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 deter- mines 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 pro- cured as and when needed at United States mar- ket prices. This section is not applicable to cov- ered items that are, or include, materials deter- mined to be non-available in accordance with Federal Acquisition Regulation 25.104 Nonavail- able 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: