Date: 1982-05-13
Speaker: ROBERT C. BYRD (democrat)
Chamber: S

Mr. President. I supported the amendment offered by Mr. HEINZ. by me. and other Senators. That amendment was tabled. So the amendment I have offered now. which is to be voted on. is an effort to make allowance for the concerns that have been expressed by the Department of Defense with respect to "offset" agreements that the United States has with other countries. I strongly support the total deletion of the waiver of the "Buy America" requirementwhich is what the Heinz amendment would have accomplished. From fiscal year 1973 through fiscal year 1977. no waiver of the "Buy America" requirement for special metals existed. The waiver was put in place in fiscal year 1978. in an effort to bolster NATOs standardization programs. Congress repealed the waiver of the "Buy America" requirement last year. The waiver was repealed in 1981 because it was not working. The Department of Defense routinely applied the waiver with respect to procurement actionswhich is not what Congress intended when it allowed the waiver to be used beginning in fiscal year 1978. Congress intended that the waiver of the "Buy America" requirement be applied in a judicious and limited manner. in circumstances where the requirement would be exceedingly difficult or impossible to fulfill. The overly broad use of the waiver is unacceptable. That is one reason why the Heinz amendment. to strike the waiver entirely. is meritorious. However. I recognize that certain limited situations may arise where the waiver is appropriate. For that reason. my amendment permits a waiver of the "Buy America" requirement in the case of "finished products"-complete weapons or weapons systems that the Department of Defense may procure. The Senator from Pennsylvania and I have been willing to make this concession to those who are pressing for a totally unrestricted waiver. because the industry affected. the American specialty metals industry. is in desperate straights. Mr. President. this amendment substantially defends current law. The fiscal year 1982 Defense appropriations bill allows no waiver of the "Buy America" requirement. National policy is set already. The current law allows no waiver. The amendment I have offered now. and which will be voted on now. and which is cosponsored by Mr. HEINZ. would allow a waiver for finished products. complete weapons. such as jets. missiles. or other weapons. European weapons sales to the United States would not be jeopardized under the provisions of this amendment. It is a fair qmendment to Europeans. However. that is not entirely the point. Mr. President. It is time somebody stood up for the American economy. It is time somebody stood up for American workers. It is time somebody stood up for American jobs. The American specialty metals industry is in very bad shape. It needs help. not more undercutting. As I say. this amendment would allow finished products. complete weapons or systems. to be bought. and I think this is a significant concession to those who have argued against the HeinzByrd amendment which has just been tabled. This is a comp: omise. and I hope the Senate will support this amendment.