The Berry Amendment: Requiring Defense Procurement to Come from Domestic Sources
Abstract
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 the Berry Amendment. The Berry Amendment requires DoD to give preference in procurement to domestically produced, manufactured, or home-grown products, notably food, clothing, fabrics, and specialty metals. The Berry Amendment (Title 10 U.S.C. Section 2533a) contains a number of domestic source restrictions that prohibit DoD from acquiring food, clothing, fabrics (including ballistic fibers), specialty metals, stainless steel, and hand or measuring tools that are not grown or produced in the United States. Some experts recommend changes in the Berry Amendment. The Gansler Commission has studied the state of defense acquisition and made a number of recommendations, among them loosening some provisions like the Berry Amendment. In February 2008 DoD announced that the Undersecretary of Defense for Acquisition, Technology, and Logistics is considering a change to Title 10 that would broaden the exceptions provided under the Berry Amendment during so-called emergency operations. Such emergency operations may include military action taken against U.S. adversaries, military action in response to an attack with WMD, or military action resulting from national emergencies declared by the President. The debate over the Berry Amendment raises the following questions: (1) If the United States does not produce a solely domestic item, or if U.S. manufacturers are at maximum production capability, should DoD restrict procurement from foreign sources, and (2) to what extent do U.S. national security interests and industrial base concerns justify waiver of the specialty metal restriction? This report examines the original intent and purpose of the Berry Amendment, legislative proposals to amend it, and options for Congress.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 30, 2008
- Accession Number
- ADA481462
Entities
People
- Valerie B. Grasso
Organizations
- Library of Congress