S.Amdt. 2715

SA 2715. Ms. STABENOW (for herself and Ms. Collins) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 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 B of title VIII, add the following:

SEC. 823. 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;
(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; and
(C) Defense Federal Acquisition Regulation Supplement
requirements regarding exceptions to the Buy American Act.
(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

[[Page S3704]]

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;
(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; and
(C) Defense Federal Acquisition Regulation Supplement
requirements regarding exceptions to the Berry Amendment and
the specialty metals clause.
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