Free and Fair Trade in Procurement Act
Latest action. Referred to Senate Committee on Governmental Affairs.
Free and Fair Trade in Procurement Act - States the purposes of this Act to be to provide a preference in government procurement with Federal funds for domestic goods, and to provide an additional preference for such procurement over foreign goods not freely and fairly traded. Defines "domestic article" for purposes of this Act to be any final good delivered to the government of which at least 75 percent of the total cost is attributable to United States sources. Includes within the definition of "Federal agency" for purposes of this Act AMTRAK and Conrail. Requires that domestic articles and materials be purchased for: (1) procurements by Federal agencies or with Federal funds; (2) public buildings or public works involving Federal funds; and (3) State and local procurements at least 50 percent of which are federally funded. Allows for exceptions to such preference if the domestic product cannot be obtained in sufficient quantity or quality, or if the cost of such product is excessive. Directs that no product may be procured with Federal funds from nonmembers or violators of an international government procurement code to which the United States is a party. Allows for exceptions to such preference due to insufficient quantity, quality, or excessive cost. Extends the preference for domestic goods to subcontracts which form ten percent or more of the total delivered price of the procured product. Stipulates that the procurement preferences provided for in this Act shall not apply to the procurement of goods to be used outside the United States, or for purchases inconsistent with the public interest. States that the cost of a domestic product is to be considered excessive if the cost of the domestic product is: (1) more than ten percent higher than a foreign equivalent product which is freely and fairly traded; or (2) not less than 30 nor more than 40 percent higher than a foreign equivalent product which is not freely and fairly traded. Sets forth the guidelines for determining whether a foreign product is freely and fairly traded for purposes of this Act. Provides that a person in violation of certain unfair import practices under the Tariff Act of 1930 shall be barred from participating in any government procurements for three years. Requires a contractor supplying foreign products for government procurements to certify that he has written assurance from any foreign supplier that such foreign products are not being supplied at below their production cost, and that such foreign supplier is not in violation of United States antitrust laws. Provides that a contractor falsely certifying shall be barred from participating in any government procurements for three years. Repeals the "Buy American Act."
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on July 13, 1978. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on July 13, 1978: Referred to Senate Committee on Governmental Affairs.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 95th Congress (1977-78), 633 of the 19,387 bills and joint resolutions introduced became law, about 3.3 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
HENRY HEINZ (R-PA) introduced it on July 13, 1978, and 6 members have since signed on as cosponsors.
They come from both major parties: 4 Democrats, 2 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on July 13, 1978, 17639 days ago. The most recent recorded action was 17639 days ago, on July 13, 1978.
Measures do not carry over. Anything the 95th Congress has not finished by January 3, 1979 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers