[Congressional Record Volume 165, Number 102 (Tuesday, June 18, 2019)]
[Senate]
[Page S3754]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 723. 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) 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''). The
guidance shall reflect any Department actions taken in
response to the April 18, 2017, Executive Order No. 13788,
``Buy American and Hire American''.
(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.
(b) 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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