Berry Amendment

Berry Amendment

The Berry Amendment (USC, Title 10, Section 2533a), requires the Department of Defense to give preference in procurement to domestically produced, manufactured, or home grown products, most notably food, clothing, fabrics, and specialty metals. 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 fasteners 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 Acts. The revised statute, [http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+1654+3++%28%29%20%20A 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 magnets), 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] .

Reference: [http://www.fas.org/sgp/crs/natsec/RL31236.pdf http://www.fas.org/sgp/crs/natsec/RL31236.pdf]

External links

* [http://www.acq.osd.mil/dpap/paic/berryamendment.htm A synopsis from www.acq.osd.mil]
* [http://www.amtacdc.org/media/030710.asp Some facts from AMTAC, a pro-Berry Amendment trade union]
* [http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm#252.225-7014 The text of the "Domestic Specialty Metals" clause]
* [http://www.dcma.mil/dnad/files/2007-1997-ATL_signed.doc Domestic Non-Availability Determination for fasteners]


Wikimedia Foundation. 2010.

Игры ⚽ Нужно сделать НИР?

Look at other dictionaries:

  • BERRY, Sir Graham (1822-1904) — premier of Victoria was born at Twickenham, near London, on 28 August 1822. His father, Benjamin Berry, was a fairly prosperous tradesman, who had married a Miss Clara Graham. Their son had few educational advantages, and on leaving school at an… …   Dictionary of Australian Biography

  • Constitutional amendment — A constitutional amendment is a formal change to the text of the written constitution of a nation or state. Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that… …   Wikipedia

  • Mary Frances Berry — (born February 17, 1938) is the Geraldine R. Segal Professor of American Social Thought and Professor of History at the University of Pennsylvania and the former chairwoman of the United States Commission on Civil Rights. She is also the former… …   Wikipedia

  • Matthew Berry (politician) — Matthew Berry Born September 27, 1972 (1972 09 27) (age 39) Residence Arlington, Virginia Alma mater Dartmouth College Yale Law School Occupat …   Wikipedia

  • James Berry (hangman) — James Berry (8 February 1852 ndash; 21 October 1913) was an English executioner from 1884 until 1891. Berry was born at Heckmondwike in Yorkshire.His most important contribution to the science of hanging was the amendment and the refinement of… …   Wikipedia

  • United States Department of Defense — Department of Defense Department overview Formed August 10, 1949 (1949 08 10) …   Wikipedia

  • United States — a republic in the N Western Hemisphere comprising 48 conterminous states, the District of Columbia, and Alaska in North America, and Hawaii in the N Pacific. 267,954,767; conterminous United States, 3,022,387 sq. mi. (7,827,982 sq. km); with… …   Universalium

  • List of Statutory Instruments of the United Kingdom, 1988 — NOTOC This is a complete list of all 1558 Statutory Instruments published in the United Kingdom in the year 1988.1 100* Origin of Goods (Petroleum Products) Regulations 1988 S.I. 1988/1 * Export of Sheep (Prohibition) (No.2) Amendment Order 1988… …   Wikipedia

  • Timeline of African-American Civil Rights Movement — African American topics History  Atlantic slave trade · Maafa Slavery in the United States Military history of African Americans …   Wikipedia

  • Defense of Marriage Act — DOMA redirects here. For other uses, see Doma (disambiguation). For other uses of Defense of Marriage Act , see Defense of marriage amendment. Defense of Marriage Act Acronym DOMA Enacted by the 104th United States Congress …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”