S.Amdt. 807

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.
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