[Congressional Record Volume 145, Number 19 (Wednesday, February 3, 1999)]
[Extensions of Remarks]
[Page E124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 LEGISLATION TO AUDIT MILITARY PURCHASES TO ENSURE COMPLIANCE WITH THE 
                            BUY AMERICAN ACT

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                      HON. JAMES A. TRAFICANT, JR.

                                of ohio

                    in the house of representatives

                      Wednesday, February 3, 1999

  Mr. TRAFICANT. Mr. Speaker, today I introducing legislation to direct 
the Inspector General of the Department of Defense to conduct an audit 
of fiscal year 1998 procurements of military clothing by four 
installations of the Army, Navy, Air Force and Marine Corps (a total of 
16 installations). The installations should be in the United States or 
U.S. possession and territories.
  The objective of the audit is to determine whether contracting 
officers complied with the Buy American Act (41 U.S.C. 10a) and the 
Berry Amendment (10 U.S.C. 2241 note) when they procured military 
clothing and related items. The audit should be completed by September 
30, 2000 and the results submitted to Congress.
  I introduce this legislation in response to the findings of an IG 
audit conducted last year pursuant to an amendment I had included in 
the fiscal year 1998 defense authorization bill, Public Law 105-85, 
directing the Pentagon's IG to audit the procurement of military 
clothing and related items.
  I was deeply troubled by the findings of the audit (Report No. 99-
023). The audit found, among other things, that ``151 of 256 contracts 
(59 percent) did not include the appropriate clause to implement the 
Buy American Act or the Berry Amendment. The noncompliance with the Buy 
American Act and the Berry Amendment resulted in 43 potential 
violations of the Antideficiency Act.''
  The audit only covered 12 military organizations. The likelihood is 
very high that there had been widespread violations of the Buy American 
Act throughout the military. The audit noted that procurement officials 
within the Department of Defense have agreed to issue policy guidance 
to contracting officers emphasizing the importance of complying with 
the Buy American Act. However, I am concerned that there will continue 
to be widespread violations of the Buy American Act unless the Congress 
exercises continued vigilance in this area.
  That is why I am introducing this legislation. My bill will ensure 
the IG conducts a follow-up audit to determine whether or not the 
Pentagon has effectively addressed the widespread Buy American Act 
violations revealed in the original audit. I hope all Members will 
support this important bill.

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