[Congressional Record Volume 151, Number 65 (Tuesday, May 17, 2005)]
[House]
[Pages H3436-H3437]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 1817

                        Offered By: Mr. Manzullo

       Amendment No. 1: Page 79, after line 6, insert the 
     following new section:

     SEC. 509. REQUIREMENT THAT DEPARTMENT OF HOMELAND SECURITY 
                   BUY CERTAIN ARTICLES FROM AMERICAN SOURCES.

       Subtitle D of title VIII of the Homeland Security Act of 
     2002 (6 U.S.C. 391 et. seq) is amended by adding at the end 
     the following new section:

     ``SEC. 836. REQUIREMENT TO BUY CERTAIN ARTICLES FROM AMERICAN 
                   SOURCES; EXCEPTIONS.

       ``(a) Requirement.--Except as provided in subsections (c) 
     through (h), funds appropriated or otherwise available to the 
     Department may not be used for the procurement of

[[Page H3437]]

     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:
       ``(1) An article or item of--
       ``(A) food;
       ``(B) clothing;
       ``(C) tents, tarpaulins, or covers;
       ``(D) 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
       ``(E) any item of individual equipment manufactured from or 
     containing such fibers, yarns, fabrics, or materials.
       ``(2) Specialty metals, including stainless steel flatware.
       ``(3) Hand or measuring tools.
       ``(c) Availability Exception.--Subsection (a) does not 
     apply to the extent that the Secretary determines that 
     satisfactory quality and sufficient quantity of any such 
     article or item described in subsection (b)(1) or specialty 
     metals (including stainless steel flatware) grown, 
     reprocessed, reused, or produced in the United States cannot 
     be procured as and when needed at United States market 
     prices.
       ``(d) Exception for Certain Procurements.--Subsection (a) 
     does not apply to the following:
       ``(1) Procurements by vessels in foreign waters.
       ``(2) Emergency procurements or procurements of perishable 
     foods by an establishment located outside the United States 
     for the personnel attached to such establishment.
       ``(3) Procurements of any item listed in subsection 
     (b)(1)(A), (b)(2), or (b)(3) for which the use of procedures 
     other than competitive procedures has been approved on the 
     basis of section 303(c)(2) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)), 
     relating to unusual and compelling urgency of need.
       ``(e) Exception for Specialty Metals and Chemical Warfare 
     Protective Clothing.--Subsection (a) does not preclude the 
     procurement of specialty metals or chemical warfare 
     protective clothing produced outside the United States if--
       ``(1) such procurement is necessary--
       ``(A) to comply with agreements with foreign governments 
     requiring the United States to purchase supplies from foreign 
     sources for the purposes of offsetting sales made by the 
     United States Government or United States firms under 
     approved programs serving defense requirements; or
       ``(B) in furtherance of agreements with foreign governments 
     in which both such governments agree to remove barriers to 
     purchases of supplies produced in the other country or 
     services performed by sources of the other country; and
       ``(2) any such agreement with a foreign government 
     complies, where applicable, with the requirements of section 
     36 of the Arms Export Control Act (22 U.S.C. 2776) and with 
     section 2457 of title 10, United States Code.
       ``(f) Exceptions for Certain Other Commodities and Items.--
     Subsection (a) does not preclude the procurement of the 
     following:
       ``(1) Foods manufactured or processed in the United States.
       ``(2) Waste and byproducts of cotton and wool fiber for use 
     in the production of propellants and explosives.
       ``(g) Exception for Small Purchases.--Subsection (a) does 
     not apply to purchases for amounts not greater than the 
     simplified acquisition threshold referred to in section 
     2304(g) of title 10, United States Code.
       ``(h) Applicability to Contracts and Subcontracts for 
     Procurement of Commercial Items.--This section is applicable 
     to contracts and subcontracts for the procurement of 
     commercial items notwithstanding section 34 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 430).''.

                               H.R. 1817

                        Offered By: Mr. Manzullo

       Amendment No. 2: At the end of title V, add the following 
     new section:

     SEC. 509. BUY AMERICAN REQUIREMENT FOR PROCUREMENTS OF GOODS 
                   CONTAINING COMPONENTS.

       (a) Requirement.--Notwithstanding any agreement described 
     in subsection (b), more than 50 percent of the components in 
     any end product procured by the Department of Homeland 
     Security that contains components shall be mined, produced, 
     or manufactured inside the United States.
       (b) Agreements Described.--An agreement referred to in 
     subsection (a) is any of the following:
       (1) Any reciprocal procurement memorandum of understanding 
     between the United States and a foreign country pursuant to 
     which the Secretary of Homeland Security has prospectively 
     waived the Buy American Act (41 U.S.C. 10a et seq.) for 
     certain products in that country.
       (2) Any international agreement to which the United States 
     is a party.

                               H.R. 2361

                         Offered By: Mr. Flake

       Amendment No. 2: Page 6, line 13, after the dollar amount, 
     insert the following: ``(decreased by $3,817,000)''.
       Page 12, line 17, after the dollar amount, insert the 
     following: ``(decreased by $14,937,000)''.
       Page 24, line 1, after the dollar amount, insert the 
     following: ``(decreased by $9,421,000)''.
       Page 80, line 3, after the dollar amount, insert the 
     following: ``(decreased by $15,000,000)''.
       Page 45, line 16, after the dollar amount, insert the 
     following: ``(increased by $15,000,000)''.

                               H.R. 2361

                 Offered By: Mr. Garrett of New Jersey

       Amendment No. 3: At the end of the bill (before the short 
     title), insert the following:
       Sec. __. None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 Federal employees at any single conference occurring 
     outside the United States.

                               H.R. 2361

                         Offered By: Mr. Terry

       Amendment No. 4: In the item relating to ``ENVIRONMENTAL 
     PROTECTION AGENCY--science and technology'', after the second 
     dollar amount, insert the following: ``(reduced by 
     $130,000,000)''.
       In the item relating to ``ENVIRONMENTAL PROTECTION AGENCY--
     hazardous substance superfund'', after the second dollar 
     amount, insert the following: ``(increased by 
     $130,000,000)''.