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SEC. 854. ADDITION OF DOMESTICALLY PRODUCED
STAINLESS STEEL FLATWARE AND DINNERWARE TO THE BERRY AMENDMENT.
(a) Addition of Domestically Produced
Stainless Steel Flatware and Dinnerware.--
(1) In general.--Section 2533a(b) of
title 10, United States Code, is amended by adding at the end
the following new paragraphs:
``(3) Stainless steel flatware.
``(4) Dinnerware.''.
(2) Applicability.--Paragraphs (3) and
(4) of section 2533a(b) of title 10, United States Code, as
added by paragraph (1), shall apply with respect to contracts
entered into on or after the date occurring 1 year after the
date of the enactment of this Act.
(3) Repeal.--Effective September 30,
2023, such paragraphs (3) and (4) are repealed.
(b) Report.--
(1) Report required.--Not later than
October 1, 2020, the Secretary of Defense shall submit to the
congressional defense
committees a report that provides a market survey, cost
assessment,
description of national security considerations, and a
recommendation regarding whether the procurement of dinnerware
and
stainless steel flatware should be limited to sources in the
United
States.
(2) Contents.--The report required under paragraph (1) shall
include an analysis of the following with respect to
dinnerware and
stainless steel flatware:
(A) The extent to which such items have commercial
applications.
(B) The number of such items to be procured by current
programs of record.
(C) The criticality of such items to a military unit's
mission accomplishment.
(D) The estimated cost and other considerations of
reconstituting the production capability of such items, if not
maintained in the United States.
(E) National security regulations or restrictions imposed
on such items that may not be imposed on such items if
provided
by a competitor outside the United States.
(F) Federal, State, and local government regulations that
are not related to national security that are imposed on such
items that may not be imposed on a competitor outside the
United States.
(G) The extent to which such items is fielded in current
programs of record.
(H) The extent to which such items can be procured as and
when needed in satisfactory quality and sufficient quantity at
United States market prices.
(I) The benefits accrued to the Department of Defense and
the defense industrial base to procure such items from sources
outside the United States.
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Addition of domestically produced
stainless steel flatware and dinnerware to the Berry Amendment
(sec. 854) The House
amendment contained a provision (sec. 815) that would amend
section 2533a(b) of title 10, United States Code, to add
dinnerware and stainless steel flatware as covered items,
requiring that the Department of Defense procure them only from
domestic sources.
The Senate bill contained no similar
provision.
The Senate recedes with an amendment
that would set the addition to expire at the end of fiscal year
2023, and meanwhile require the Secretary of Defense to assess
the
rationale and implications of limiting procurement of these
items to domestic sources. |
