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The Berry Amendment: Requiring Defense Procurement to Come from Domestic Sources

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Congressional rept.

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This report examines the original intent and purpose of the Berry Amendment and legislative proposals to amend the application of domestic source restrictions, as well as potential options for Congress. In order to protect the U.S. industrial base during periods of adversity and war, Congress passed domestic source restrictions as part of the 1941 Fifth Supplemental Department of Defense DOD Appropriations Act. These provisions later became known as the Berry Amendment. The Berry Amendment Title 10 United States Code U.S.C. 2533a, Requirement to Buy Certain Articles from American Sources Exceptions contains a number of domestic source restrictions that prohibit DOD from acquiring food, clothing including military uniforms, fabrics including ballistic fibers, stainless steel, and hand or measuring tools that are not grown or produced in the United States. The Berry Amendment applies to DOD purchases only. On January 31, 2014, DOD issued a solicitation designed to conduct market research to assess the marketplace for the availability of American-made shoes fully compliant with the Berry Amendment. According to one February 2014 press report, four firms have told the Defense Logistics Agency that they could produce U.S.-made athletic footwear for military personnel. H.R. 1960, the House-proposed National Defense Authorization Act NDAA for FY2014, was introduced in the House on May 14, passed the House in a recorded vote 315-108 on June 14, and was referred to the Senate on July 8, 2013. The bill contained several provisions which would, if enacted into law, impact domestic source restrictions under the Berry Amendment, including the procurement of American flags, footwear for enlisted service members, contracts for textiles and clothing, and periodic audits by the Inspector General on contracts for goods and services. S. 1197, the Senate-proposed NDAA for FY2014, was introduced on June 20, 2013, and referred to the Armed Services Committee.

Subject Categories:

  • Economics and Cost Analysis
  • Government and Political Science
  • Logistics, Military Facilities and Supplies

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