Berry Amendment
Encyclopedia
The Berry Amendment requires the Department of Defense
to give preference in procurement to domestically produced, manufactured, or home grown products, most notably food
, clothing
, fabric
s, and specialty metal
s. Congress
originally passed domestic source restrictions as part of the 1941 Fifth Supplemental DOD Appropriations Act
in order to protect the domestic industrial base
in the time of war
. The Defense Federal Acquisition Regulation Supplement (DFARS) was amended to include exceptions for the acquisition of food, specialty metals, and hand
or measuring tools
when needed to support contingency operations or when the use of other-than-competitive procedures is based on an unusual and compelling urgency. The specialty metals provision was added in 1973. This provision requires that specialty metals incorporated in products delivered under DOD contracts to be melted in the United States or a “qualifying country”. Specialty metals include certain steel, titanium, zirconium and other metal alloys that are important to the DOD.
On April 10, 2007 the Undersecretary of Defense for Acquisition, Technology and Logistics determined that most compliant fastener
s could not be obtained in sufficient quantity without unreasonably delaying production, and excepted most fasteners from the requirement http://guidebook.dcma.mil/225/dc07-159.htm.
Congress has since revised the Berry amendment in the Fiscal Year 2007 and Fiscal Year 2008 National Defense Authorization Act
s. The revised statute, 10 U.S.C. 2533b, now includes exemptions for certain Commercial-Off-The-Shelf (COTS) items, a de minimis
exception for small amounts of non-domestic metal (excluding high-performance magnet
s), a market basket
approach to measuring the amount of domestic metal content in articles delivered to DOD and a national security waiver to prevent the delay in delivery of critically needed systems to troops
in combat
. Additionally, the blanket exemption for fasteners was removed by Congress, now requiring that at least 50% of commercial fastener specialty metal content be domestic. Finally, Congress required that all waivers or Domestic Non-Availability Determinations (DNADs) be reviewed and revised to comply with the amended law http://www.govtrack.us/congress/billtext.xpd?bill=h110-4986.
The original "Berry Amendment," 10 U.S.C. 2533a now excludes specialty metals and applies generally to textile materials http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+1653+3++%28%29%20%20A.
American Recovery and Reinvestment Act (H.R. 1), passed by both houses of congress on February 13, 2009, included legislation offered by Congressman Larry Kissell
(D-NC) mandating that any textile and apparel products contracted by the U.S. Department of Homeland Security’s (DHS) be manufactured in the United States with 100 percent U.S. inputs. The "Kissell Amendment" was modeled on and picks up, with little or no modification, many of the specific provisions of the Berry Amendment.
Reference: http://www.fas.org/sgp/crs/natsec/RL31236.pdf
United States Department of Defense
The United States Department of Defense is the U.S...
to give preference in procurement to domestically produced, manufactured, or home grown products, most notably food
Food
Food is any substance consumed to provide nutritional support for the body. It is usually of plant or animal origin, and contains essential nutrients, such as carbohydrates, fats, proteins, vitamins, or minerals...
, clothing
Clothing
Clothing refers to any covering for the human body that is worn. The wearing of clothing is exclusively a human characteristic and is a feature of nearly all human societies...
, fabric
Fabric
A fabric is a textile material, short for "textile fabric".Fabric may also refer to:*Fabric , the spatial and geometric configuration of elements within a rock*Fabric , a nightclub in London, England...
s, and specialty metal
Metal
A metal , is an element, compound, or alloy that is a good conductor of both electricity and heat. Metals are usually malleable and shiny, that is they reflect most of incident light...
s. Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
originally passed domestic source restrictions as part of the 1941 Fifth Supplemental DOD Appropriations Act
Appropriation bill
An appropriation bill or running bill is a legislative motion which authorizes the government to spend money. It is a bill that sets money aside for specific spending...
in order to protect the domestic industrial base
Manufacturing
Manufacturing is the use of machines, tools and labor to produce goods for use or sale. The term may refer to a range of human activity, from handicraft to high tech, but is most commonly applied to industrial production, in which raw materials are transformed into finished goods on a large scale...
in the time of war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
. The Defense Federal Acquisition Regulation Supplement (DFARS) was amended to include exceptions for the acquisition of food, specialty metals, and hand
Hand tool
A hand tool is a device for performing work on a material or a physical system using only hands. The hand tools can be manually used employing force, or electrically powered, using electrical current...
or measuring tools
Measuring instrument
In the physical sciences, quality assurance, and engineering, measurement is the activity of obtaining and comparing physical quantities of real-world objects and events. Established standard objects and events are used as units, and the process of measurement gives a number relating the item...
when needed to support contingency operations or when the use of other-than-competitive procedures is based on an unusual and compelling urgency. The specialty metals provision was added in 1973. This provision requires that specialty metals incorporated in products delivered under DOD contracts to be melted in the United States or a “qualifying country”. Specialty metals include certain steel, titanium, zirconium and other metal alloys that are important to the DOD.
On April 10, 2007 the Undersecretary of Defense for Acquisition, Technology and Logistics determined that most compliant fastener
Fastener
A fastener is a hardware device that mechanically joins or affixes two or more objects together.Fasteners can also be used to close a container such as a bag, a box, or an envelope; or they may involve keeping together the sides of an opening of flexible material, attaching a lid to a container,...
s could not be obtained in sufficient quantity without unreasonably delaying production, and excepted most fasteners from the requirement http://guidebook.dcma.mil/225/dc07-159.htm.
Congress has since revised the Berry amendment in the Fiscal Year 2007 and Fiscal Year 2008 National Defense Authorization Act
National Defense Authorization Act
The National Defense Authorization Act is the name of a United States federal law that has been enacted for each of the past 48 fiscal years to specify the budget and expenditures of the United States Department of Defense.-See also:...
s. The revised statute, 10 U.S.C. 2533b, now includes exemptions for certain Commercial-Off-The-Shelf (COTS) items, a de minimis
De minimis
De minimis is a Latin expression meaning about minimal things, normally in the locutions de minimis non curat praetor or de minimis non curat lex .In risk assessment it refers to a level of risk that is too small to be concerned with...
exception for small amounts of non-domestic metal (excluding high-performance magnet
Magnet
A magnet is a material or object that produces a magnetic field. This magnetic field is invisible but is responsible for the most notable property of a magnet: a force that pulls on other ferromagnetic materials, such as iron, and attracts or repels other magnets.A permanent magnet is an object...
s), a market basket
Market basket
The term market basket or commodity bundle refers to a fixed list of items used specifically to track the progress of inflation in an economy or specific market....
approach to measuring the amount of domestic metal content in articles delivered to DOD and a national security waiver to prevent the delay in delivery of critically needed systems to troops
Soldier
A soldier is a member of the land component of national armed forces; whereas a soldier hired for service in a foreign army would be termed a mercenary...
in combat
Combat
Combat, or fighting, is a purposeful violent conflict meant to establish dominance over the opposition, or to terminate the opposition forever, or drive the opposition away from a location where it is not wanted or needed....
. Additionally, the blanket exemption for fasteners was removed by Congress, now requiring that at least 50% of commercial fastener specialty metal content be domestic. Finally, Congress required that all waivers or Domestic Non-Availability Determinations (DNADs) be reviewed and revised to comply with the amended law http://www.govtrack.us/congress/billtext.xpd?bill=h110-4986.
The original "Berry Amendment," 10 U.S.C. 2533a now excludes specialty metals and applies generally to textile materials http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+1653+3++%28%29%20%20A.
American Recovery and Reinvestment Act (H.R. 1), passed by both houses of congress on February 13, 2009, included legislation offered by Congressman Larry Kissell
Larry Kissell
Lawrence Webb "Larry" Kissell is the U.S. Representative for , serving since 2009. He is a member of the Democratic Party. The district stretches from Charlotte to Fayetteville.-Early life, education, and early career:...
(D-NC) mandating that any textile and apparel products contracted by the U.S. Department of Homeland Security’s (DHS) be manufactured in the United States with 100 percent U.S. inputs. The "Kissell Amendment" was modeled on and picks up, with little or no modification, many of the specific provisions of the Berry Amendment.
Reference: http://www.fas.org/sgp/crs/natsec/RL31236.pdf