IIB 

111TH CONGRESS 

2D SESSION H. R. 2039 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 16, 2010 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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 an 

official Congressional insignia, and for other purposes. 


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HR 2039 RFS

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 2010’’. 

6 SEC. 2. APPLICABILITY OF BUY AMERICAN ACT TO LEGIS7 LATIVE BRANCH; NO EXCEPTIONS FOR PROD8 UCTS BEARING OFFICIAL CONGRESSIONAL 

9 INSIGNIA. 

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

11 Act (41 U.S.C. 10a) is amended— 

12 (1) by redesignating subsection (b) as sub13 section (c); and 

14 (2) by inserting after subsection (a) the fol15 lowing new subsection: 

16 ‘‘(b) CLARIFICATION OF APPLICABILITY TO ARTI17 CLES, MATERIALS, AND SUPPLIES FOR USE OF LEGISLA18 TIVE BRANCH.— 

19 ‘‘(1) APPLICABILITY TO LEGISLATIVE

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

21 subsection (a) applies with respect to articles, mate22 rials, and supplies acquired for the use of any office 

23 in the legislative branch, including the House of 

24 Representatives and the Senate, in the same manner 

25 as such subsection applies with respect to articles, 


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HR 2039 RFS

1 materials, and supplies acquired for the use of a de2 partment or independent establishment. 

3 ‘‘(2) SPECIAL RULE FOR PRODUCTS BEARING

4 OFFICIAL CONGRESSIONAL INSIGNIA.—In the case of 

5 any product which bears an official insignia (includ6 ing a mark resembling an official seal) of the United 

7 States House of Representatives, the United States 

8 Senate, or the United States Congress and which is 

9 acquired for the use of an office of the legislative 

10 branch, the following shall apply: 

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

12 a determination under subsection (a) that it is 

13 inconsistent with the public interest to enter 

14 into a contract in accordance with this Act. 

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

16 a determination under subsection (a) that an 

17 article, material, or supply is not mined, pro18 duced, or manufactured, as the case may be, in 

19 the United States in sufficient and reasonably 

20 available commercial quantities and of satisfac21 tory quality. 

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

23 shall not apply.’’. 


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HR 2039 RFS

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

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

3 repealed. 

4 SEC. 3. EFFECTIVE DATE. 

5 The amendments made by this Act shall take effect 

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

7 on the date of the enactment of this Act. 

Passed the House of Representatives September 15, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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