I 111th CONGRESS 2d Session H. R. 6044 IN THE HOUSE OF REPRESENTATIVES July 30, 2010 Mr. Latta (for himself, Mr. Fortenberry, Mr. Burton of Indiana, and Mr. Manzullo) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Foreign Assistance Act of 1961 to prohibit the United States Agency for International Development from procuring manufactured articles to provide disaster relief assistance or emergency relief assistance in a foreign country unless the articles are manufactured in such foreign country or in certain circumstances in the United States or third countries.

1.

Short title

This Act may be cited as the American Manufacturing Disaster Relief Act of 2010.

2.

Clarification of certain Buy American requirements to disaster relief assistance and emergency relief assistance under the Foreign Assistance Act of 1961

(a)

In general

Section 604 of the Foreign Assistance Act of 1961 (22 U.S.C. 2354) is amended by adding at the end the following new subsection: (h)

Clarification of certain Buy American requirements

(1)

In general

Except as provided in paragraph (2), the Administrator may not procure a manufactured article to provide disaster relief assistance or emergency relief assistance in a foreign country unless the article is manufactured in such foreign country. (2)

Exceptions

(A)

For U.S.-manufactured articles

If the Administrator determines that satisfactory quality and sufficient quantity of the article described in paragraph (1) cannot be procured as and when needed, the Administrator may procure an article manufactured in the United States to provide disaster relief assistance or emergency relief assistance in such foreign country. (B)

For other manufactured articles

If the Administrator determines that satisfactory quality and sufficient quantity of the article described in paragraph (A) cannot be procured as and when needed, the Administrator may procure an article manufactured in any other country to provide disaster relief assistance or emergency relief assistance in such foreign country. (3)

Consistency with international agreements

No provision of this subsection shall apply to the extent the Administrator, in consultation with the United States Trade Representative, determines that it is inconsistent with United States obligations under an international agreement. (4)

Definitions

In this subsection— (A)the term Administrator means the Administrator of the United States Agency for International Development; (B)the term disaster relief assistance means assistance under chapter 9 of part I of this Act; (C)the term emergency relief assistance means assistance under part I of this Act to address an urgent situation in which a population is in imminent danger of increased malnutrition and mortality as a result of food shortages; and (D)the term manufactured means, with respect to a country, the article has been manufactured in such country substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in such country. . (b)

Effective date

The amendment made by this section takes effect 90 days after the date of the enactment of this Act and applies to any contract entered into on or after that date for the procurement of articles to which such amendment applies.