A bill to impose notification and reporting requirements in connection with grants of waivers of the limitation on certain procurements of the Department of Defense that is known as the Berry amendment, and for other purposes.

Directs the Secretary of Defense to report annually to Congress on waivers from the Buy American limitations for goods or services procured by or for the Department of Defense, as set forth under the Department of Defense Appropriations Act, 1993, that were granted for procurements made by the Defense Logistics Agency for the military departments.

Requires, at least 14 days before granting each waiver, that the Secretary notify the Secretary of the military department concerned of the determination to waive such limitations. Allows the Secretary to waive such notification when a delay of the procurement is not consistent with the need to expedite the procurement in the U.S. national security interest.

Requires the Secretary to establish a system for: (1) monitoring the granting of such waivers; and (2) recording the waivers and the reasons therefor.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 766 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 766

 To impose notification and reporting requirements in connection with 
  grants of waivers of the limitation on certain procurements of the 
  Department of Defense that is known as the Berry amendment, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 2001

Mr. Hutchinson introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To impose notification and reporting requirements in connection with 
  grants of waivers of the limitation on certain procurements of the 
  Department of Defense that is known as the Berry amendment, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NOTIFICATION AND REPORTING REQUIREMENTS REGARDING WAIVER OF 
              THE BERRY AMENDMENT LIMITATION.

    (a) Annual Report.--(1) After the end of each fiscal year, the 
Secretary of Defense shall submit to Congress a report on the waivers 
of the limitation on use of funds set forth in section 9005 of Public 
Law 102-396 (popularly known as the ``Berry amendment'') that were 
granted under any provision of law during that fiscal year for 
procurements made by the Defense Logistics Agency for the military 
departments.
    (2) The report for a fiscal year shall include the following:
            (A) The number of waivers.
            (B) For each waiver--
                    (i) the reasons for the waiver;
                    (ii) the date of the notification of the military 
                department concerned under subsection (b); and
                    (iii) a description of the items procured pursuant 
                to the waiver, together with the amount of the 
                procurement.
            (C) The number of instances in which the Secretary of 
        Defense waived the notification requirement under subsection 
        (b).
    (b) Notification.--(1) Not later than 14 days before grating a 
waiver of the limitation referred to in subsection (a)(1) for a 
procurement to be made by the Defense Logistics Agency for a military 
department, the Secretary of Defense shall transmit to the Secretary of 
the military department a notification of the determination to waive 
the limitation.
    (2) The Secretary of Defense may waive the applicability of the 
notification requirement under paragraph (1) in any case in which the 
Secretary determines that a delay of the procurement to satisfy the 
requirement is not consistent with a need to expedite the procurement 
in the national security interests of the United States.
    (c) System for Data Collection.--The Secretary of Defense shall 
establish a system for--
            (1) monitoring the granting of waivers of the limitation 
        referred to in subsection (a)(1); and
            (2) recording the waivers and the reasons for the waivers.
    (d) Definition.--In this section, the term ``waiver'', with respect 
to the limitation referred to in subsection (a)(1), means a 
determination authorized under section 9005 of Public Law 102-396 that 
a particular procurement is covered by an exception provided in that 
section.
                                 <all>