I 

111TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2009 

Ms. KAPTUR (for herself and Mr. HARE) introduced the following bill; which 

was referred to the Committee on House Administration, and in addition 

to the Committee on Oversight and Government Reform, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Congressional Made 

5 in America Promise Act of 2009’’. 


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1 SEC. 2. APPLICABILITY OF BUY AMERICAN ACT TO LEGIS2 LATIVE BRANCH; NO EXCEPTIONS FOR PROD3 UCTS BEARING CONGRESSIONAL SEAL. 

4 (a) IN GENERAL.—Section 2 of the Buy American 

5 Act (41 U.S.C. 10a) is amended— 

6 (1) by striking ‘‘Notwithstanding’’ and insert7 ing the following: 

8 ‘‘(a) IN GENERAL.—Notwithstanding’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(b) CLARIFICATION OF APPLICABILITY TO ARTI11 CLES, MATERIALS, AND SUPPLIES FOR USE OF LEGISLA12 TIVE BRANCH.— 

13 ‘‘(1) APPLICABILITY TO LEGISLATIVE

14 BRANCH.—Except as provided in paragraph (2), 

15 subsection (a) applies with respect to articles, mate16 rials, and supplies acquired for the use of any office 

17 in the legislative branch, including the House of 

18 Representatives and the Senate, in the same manner 

19 as such subsection applies with respect to articles, 

20 materials, and supplies acquired for the use of a de21 partment or independent establishment. 

22 ‘‘(2) SPECIAL RULE FOR PRODUCTS BEARING

23 CONGRESSIONAL SEAL.—In the case of any product 

24 which bears the seal of the United States House of 

25 Representatives, the seal of the United States Sen26 ate, or the seal of the United States Congress and 


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1 which is acquired for the use of an office of the leg2 islative branch, the following shall apply: 

3 ‘‘(A) The head of the office may not make 

4 a determination under subsection (a) that it is 

5 inconsistent with the public interest to enter 

6 into a contract in accordance with this Act. 

7 ‘‘(B) The head of the office may not make 

8 a determination under subsection (a) that an 

9 article, material, or supply is not mined, pro10 duced, or manufactured, as the case may be, in 

11 the United States in sufficient and reasonably 

12 available commercial quantities and of satisfac13 tory quality. 

14 ‘‘(C) The last sentence of subsection (a) 

15 shall not apply.’’. 

16 (b) CONFORMING AMENDMENT.—Section 69 of the 

17 Revised Statutes of the United States (2 U.S.C. 109) is 

18 repealed. 

19 SEC. 3. EFFECTIVE DATE. 

20 The amendments made by this Act shall take effect 

21 upon the expiration of the 180-day period which begins 

22 on the date of the enactment of this Act. 

Æ 


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