[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Page S3497]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 433. Ms. STABENOW (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle A of title VIII, add the following:

     SEC. 811. GUIDANCE ON BUY AMERICAN ACT AND BERRY AMENDMENT 
                   REQUIREMENTS.

       (a) Finding.--Congress finds that the Inspector General of 
     the Department of Defense has issued a series of reports 
     finding deficiencies in the adherence to the provisions of 
     the Buy American Act and the Berry Amendment and recommending 
     improvements in training for the Defense acquisition 
     workforce.
       (b) Buy American Act Guidance.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Director of Defense Pricing/
     Defense Procurement Acquisition Policy shall issue guidance 
     to Department of Defense contracting officials on 
     requirements related to chapter 83 of title 41, United States 
     Code (commonly referred to as the ``Buy American Act'').
       (2) Elements.--The guidance issued under paragraph (1) 
     shall cover--
       (A) the requirement to incorporate and enforce the Buy 
     American Act provisions and clauses in applicable 
     solicitations and contracts; and
       (B) the requirements of the Buy American Act, such as 
     inclusion of clauses, into the electronic contract writing 
     systems used by the military departments and the Defense 
     Logistics Agency.
       (c) Berry Amendment and Specialty Metals Clause Guidance.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Director of Defense Pricing/
     Defense Procurement Acquisition Policy shall issue guidance 
     to Department of Defense contracting officials on 
     requirements related to section 2533a of title 10, United 
     States Code (commonly referred to as the ``Berry 
     Amendment''), and section 2533b of title 10, United States 
     Code (commonly referred to as the ``specialty metals 
     clause'').
       (2) Elements.--The guidance issued under paragraph (1) 
     shall cover--
       (A) the requirement to incorporate and enforce the Berry 
     Amendment and the specialty metals clause provisions and 
     clauses in applicable solicitations and contracts; and
       (B) the requirements of the Berry Amendment and the 
     specialty metals clause, such as inclusion of clauses, into 
     the electronic contract writing systems used by the military 
     departments and the Defense Logistics Agency.
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