[Congressional Record Volume 165, Number 104 (Thursday, June 20, 2019)]
[Senate]
[Page S4184]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 807. Ms. STABENOW (for herself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 764 submitted by Mr. 
Inhofe and intended to be proposed 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 of the amendment, 
     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 review, and if 
     necessary update, and 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'' 
     and in response to the recommendations of the Department of 
     Defense Inspector General report entitled ``Summary Report of 
     DoD Compliance With the Berry Amendment and 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.
       (b) Berry Amendment 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 review, and if 
     necessary update, and 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'').
       (2) Elements.--The guidance issued under paragraph (1) 
     shall cover--
       (A) the requirement to incorporate and enforce the Berry 
     Amendment in applicable solicitations and contracts; and
       (B) the requirements of the Berry Amendment, such as 
     inclusion of clauses, into the electronic contract writing 
     systems used by the military departments and the Defense 
     Logistics Agency.
       (c) Briefing on Activities.--Not later than March 1, 2020, 
     the Secretary of Defense shall brief the congressional 
     defense committees on activities undertaken pursuant to this 
     section.
                                 ______