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DHS/OS

RIN: 1601-AA57

Publication ID: Fall 2010

Title: Homeland Security Acquisition Regulation; Restrictions on Foreign Acquisition
Abstract: The American Recovery and Reinvestment Act of 2009, Public Law 111-5, section 604 (the Act), contains restrictions on the acquisition of certain foreign textile products on DHS contract actions entered into on or after August 16, 2009, with funds made available to DHS appropriated on or before February 17, 2009, the date of the Act. The Act requires that these funds may not be used for the procurement of certain textile products that are not grown, reprocessed, reused or produced in the United States. In order to implement the statutory requirement, DHS is amending the Homeland Security Acquisition Regulation to add implementing policy. The rule revises 48 CFR part 3025, Foreign Acquisitions, and part 3052, Solicitation Provisions and Contract Clauses, to limit acquisition of covered items under certain DHS acquisitions above the simplified acquisition threshold, unless DHS determines that such items qualify under one of the exceptions provided in the Act.
Agency: Department of Homeland Security(DHS)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 48 CFR 3025 and 3052
Legal Authority: The American Recovery and Reinvestment Act of 2009, PL 111-5 (Feb. 17, 2009), sec 604 5 USC 301 and 302

Legal Deadline:

Action	Source	Description	Date
Final	Statutory		08/16/2009

Overall Description of Deadline: The Department of Homeland Security (DHS) is amending its Homeland Security Acquisition Regulation (HSAR) parts 3025 and 3052 to reflect a statutory change limiting the acquisition of products containing textiles from sources outside the United States.

Timetable:

Action	Date	FR Cite
Interim Final Rule	08/17/2009	74 FR 41346
Interim Final Rule Effective	08/17/2009
Interim Final Rule Comment Period End	09/16/2009
Final Rule	06/09/2010	75 FR 32676
Final Rule Effective	06/09/2010

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Jeremy F. Olson Senior Procurement Analyst Department of Homeland Security Office of the Chief Procurement Officer, Washington, DC 20528 Phone:202 447-5197 Fax:202 447-5310 Email: jerry.olson@hq.dhs.gov