[Congressional Record Volume 156, Number 124 (Wednesday, September 15, 2010)]
[House]
[Pages H6690-H6691]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               CONGRESSIONAL MADE IN AMERICA PROMISE ACT

  Mr. BRADY of Pennsylvania. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 2039) to clarify the applicability of the Buy 
American Act to products purchased for the use of the legislative 
branch, to prohibit the application of any of the exceptions to the 
requirements of such act to products bearing a Congressional seal, and 
for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2039

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Congressional Made in 
     America Promise Act of 2010''.

     SEC. 2. APPLICABILITY OF BUY AMERICAN ACT TO LEGISLATIVE 
                   BRANCH; NO EXCEPTIONS FOR PRODUCTS BEARING 
                   OFFICIAL CONGRESSIONAL INSIGNIA.

       (a) In General.--Section 2 of the Buy American Act (41 
     U.S.C. 10a) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Clarification of Applicability to Articles, 
     Materials, and Supplies for Use of Legislative Branch.--
       ``(1) Applicability to legislative branch.--Except as 
     provided in paragraph (2), subsection (a) applies with 
     respect to articles, materials, and supplies acquired for the 
     use of any office in the legislative branch, including the 
     House of Representatives and the Senate, in the same manner 
     as such subsection applies with respect to articles, 
     materials, and supplies acquired for the use of a department 
     or independent establishment.
       ``(2) Special rule for products bearing official 
     congressional insignia.--In the case of any product which 
     bears an official insignia (including a mark resembling an 
     official seal) of the United States House of Representatives, 
     the United States Senate, or the United States Congress and 
     which is acquired for the use of an office of the legislative 
     branch, the following shall apply:
       ``(A) The head of the office may not make a determination 
     under subsection (a) that it is inconsistent with the public 
     interest to enter into a contract in accordance with this 
     Act.
       ``(B) The head of the office may not make a determination 
     under subsection (a) that an article, material, or supply is 
     not mined, produced, or manufactured, as the case may be, in 
     the United States in sufficient and reasonably available 
     commercial quantities and of satisfactory quality.
       ``(C) The last sentence of subsection (a) shall not 
     apply.''.
       (b) Conforming Amendment.--Section 69 of the Revised 
     Statutes of the United States (2 U.S.C. 109) is repealed.

     SEC. 3. EFFECTIVE DATE.

       The amendments made by this Act shall take effect upon the 
     expiration of the 180-day period which begins on the date of 
     the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Brady) and a Member opposed each may control 20 
minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. BRADY of Pennsylvania. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks and include extraneous matters on the measure now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I yield myself such time as I 
may consume.
  On behalf of my committee, I am pleased to bring this bill to the 
House. This is a very important bill designed to help create more jobs 
in America. Offered by our colleague, the gentlelady from Ohio, H.R. 
2039 extends the requirements of the Buy American Act to the 
legislative branch of government, including the House of 
Representatives and the Senate.
  Several legislative branch agencies already abide by the Buy American 
Act, including the Government Printing Office, the Library of Congress, 
and the Architect of the Capitol. But the House and Senate are exempt 
from the Buy American Act, and it's time for that to change.
  The House and the Senate buy things, many things: Pencils, pens, 
paper, envelopes, furniture, furnishings, office machines, and 
equipment of every kind. You name it. There are no reasons that Buy 
American requirements should not apply to the Congress as to any other 
Federal agency. That's what the gentlelady's legislation will 
accomplish.
  From my perspective as chairman of the House Administration 
Committee, H.R. 2039 will provide us with one more tool we can use to 
prevent the purchase of foreign-made goods when suitable American-made 
goods are available.
  Mr. Speaker, this is a good bill. I commend the gentlelady for 
introducing it, and I urge the House to pass it.
  Mr. Speaker, I now yield 5 minutes to the sponsor of the bill, the 
distinguished gentlelady from Ohio (Ms. Kaptur).

                              {time}  1030

  Ms. KAPTUR. I want to thank Chairman Brady for his leadership and the 
expeditious manner in which his committee dealt with this bill. I thank 
him for his leadership on jobs in America all the time.
  I ask my colleagues to support H.R. 2039 when it comes to a vote 
later today, the Made in America Promise Act, which applies the 
provisions of the Buy America Act that already apply to the executive 
branch to the legislative branch, the Congress. It is apparent to all 
America that we are facing a daunting job deficit.
  Over 14.9 million people still are out of work. Moreover, in 2009, 
our Nation racked up a trade deficit of $375 billion, and this year 
it's likely to be double that, with more imports coming into our Nation 
than exports going out. For every billion dollars of trade deficit, we 
lose a minimum of 10,000 more jobs.
  Without this mammoth trade deficit, our economy this year would have 
grown 5 percent. Instead, growth was readjusted downward to 1.5 
percent, a huge 3-point drop, and the worst growth rate since 1947, 
because trade deficits matter.
  For America to address this job gap, our unconscious Nation must 
develop a consciousness to make it in America again, because production 
here equals jobs in America. That consciousness must begin here in 
Congress in the highest law-making branch of our Nation.
  This bill applies the Buy America provisions to the legislative 
branch. To illustrate, just in perusing the gift shops that tourists 
come through in the House and Senate--and even the new congressional 
visitors center--look what we found, Chinese calculators, it says here 
on the lower United States Senate, but then look where it's made--
China. There are umbrellas from China, a children's briefcase, even

[[Page H6691]]

with a symbolic seal from the Philippines, and an elephant piggy bank 
from Indonesia. We couldn't buy everything they displayed, but let me 
tell you, there was no consciousness that Congress should be supporting 
goods made in America, here at the highest lawmaking branch of our 
country.
  How can Congress expect to strengthen American industry and create 
American jobs if it itself is not buying American-made goods? If there 
is one place in our country that should showcase items made in the 
U.S.A., it is right here in the Congress. How can the American people 
trust Congress to be responsible if it is selling goods that create 
jobs in other places, not here in America?
  That is why H.R. 2039 was introduced in the first place, because we 
must employ at this time of high unemployment every opportunity to help 
turn our economic ship of state in a positive direction. This bill 
creates a clear standard. It says we must change our practices. It says 
we must restore manufacturing in America.
  It begins to do this by raising the consciousness of our Nation that 
the legislative branch of our Federal Government steps forward to say 
it is time to make goods in America again. That is where new jobs will 
come from.
  Under the Buy America Act, current law states that the Federal 
Government, but not the legislative branch, must buy American-made 
products. But when this bill passes, the Congressional Made in America 
Promise Act will apply the Buy America Act to Congress.
  In addition, when dealing with any product bearing an official 
insignia of the House, the Senate and the Congress, H.R. 2039 will 
prohibit the exceptions of not purchasing American goods if they are 
inconsistent with the public interest, not made in sufficiently 
available commercial quantities, or under the price of $2,500. This 
means the only exceptions will be if the goods produced here are 
unreasonable in cost or not used in the United States.
  This Congress has taken steps to close tax loopholes that reward 
large corporations that outsource business and jobs overseas. We are 
providing tax credits to help small businesses hire new employees and 
sell their products and innovation overseas, but we need to do more. 
Congress must lead by example.
  I urge my colleagues to vote in favor of H.R. 2039, help create jobs 
in America, help rebuild American industry by building in America once 
again. Vote for the Made in America Promise Act.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I yield 3 minutes to my 
colleague on the Committee of House Administration, the gentlewoman 
from California, Susan Davis.
  Mrs. DAVIS of California. I want to thank my colleague from 
Pennsylvania for bringing H.R. 2039 forward today.
  Mr. Speaker, the forefathers and mothers of our Nation included 
Congress in section 1 of the Constitution for a reason. Congress is for 
the people by the people.
  But for too long, Congress has encouraged Buy America throughout this 
country without setting a strong enough example here in the Halls of 
Congress. My colleague has just referenced a number of the pieces of 
goods that people purchased that were certainly not made in America.
  I suspect that our forefathers would be pleased with this piece of 
legislation before us. As our Nation works to bolster our manufacturing 
sector for the 21st century and beyond, we can start with making sure 
that goods sold in the Capitol and Congress are made right here in the 
U.S.
  The congressional Made in America Promise Act does just that by 
requiring that the rules of the Buy America Act apply to the 
legislative branch. By passing it, Congress is setting an example for 
our Nation. Goods sold in Congress should say ``Made in the U.S.A.''
  For the people, by the people. Right now, we are seeing that getting 
back to the basics of making it in America is what works for our 
economy. In fact, in August, U.S. manufacturing expanded for the 13th 
straight month. Our manufacturing sector has always been a source of 
pride for our country, and it is still the best in the world. Now more 
than ever, we need to encourage the production of goods that are made 
in America because the more we make at home the more Americans will be 
able to go back to work.
  I strongly support the congressional Made in America Promise Act.
  Mr. DINGELL. Mr. Speaker, I rise in support of H.R. 2039, the 
Congressional Made in American Promise Act. I commend Representative 
Marcy Kaptur for her leadership on this issue and working to get the 
bill passed.
  Today, we are considering legislation that will help improve the Buy 
American Act, which requires the United States government to purchase 
goods produced and manufactured in the United States, when it is in the 
best interest of the United States to do so. Specifically, H.R. 2039 
would amend the Buy American Act so that ``Buy American'' statutory 
requirements are applied to articles, materials and supplies used by 
Congressional offices. Further, the Made in America Promise Act 
requires that any article containing the Congressional seal be 
purchased from American vendors, without exception.
  Mr. Speaker, this Act is an important part of the Democratic plan to 
assist Main Street Americans--hard-working, talented, dedicated 
workers. Citizens of Michigan's 15th Congressional District, 
unfortunately, have long been victims of outsourcing and unfair trade 
agreements, even before the Great Recession began. They have seen their 
jobs shipped overseas in large part because of corporate tax breaks 
encouraging outsourcing and trade policies that lower labor standards 
and do nothing to open up new markets for U.S. goods.
  This legislation is part of an ongoing effort to save and create 
American jobs and continue our country on the path to economic 
recovery. What we have here is a choice between protecting the wealth 
of some versus creating opportunity for all. I ask my colleagues to 
join me in voting for opportunity.
  I urge my colleagues to join me in supporting H.R. 2039.
  Mr. VAN HOLLEN. Mr. Speaker, I stand in support of H.R. 2039, the 
Congressional Made in America Promise Act of 2009.
  This bipartisan legislation ensures that the rules of the Buy 
American Act that apply to all states and federal agencies also apply 
to Congress. Under current law, states and the federal government must 
buy only American made products. Though exemptions exist for cases 
where public interest, cost or unavailability make purchasing the good 
prohibitive, all goods purchased by state and federal governments must 
be produced in the United States. Congress, however, is not subjected 
to this requirement.
  Promoting American job growth is a priority for this Congress. This 
common sense legislation is example of our commitment. If passed, this 
legislation will apply a standard for procurement that exceeds that 
enforced by states and federal agencies. Any product bearing the 
official congressional insignias, including goods bearing a mark 
resembling the official seals of the U.S. Senate, U.S. House of 
Representatives, and the U.S. Congress, will have to be made in 
America.
  Mr. Speaker, the president has set an ambitious goal to significantly 
increase this country's exports over the next two years. This 
legislation contributes to that effort by ensuring that goods procured 
by states, federal agencies and Congress are made in the U.S.A. I 
encourage my colleagues to join me in support of the bill.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I urge an ``aye'' vote, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Brady) that the House suspend the 
rules and pass the bill, H.R. 2039, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BRADY of Pennsylvania. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________