[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.
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