WASHINGTON, DC – Congressman Robin Hayes (NC-8) announced today that his language to change the Berry Amendment or “Buy American” rules for Department of Defense (DOD) textile procurement was included in the FY2006 Defense Authorization Conference Report, which was passed in the House early this morning.  Hayes has been working with the domestic textile industry for years to expand the Berry Amendment rules.  He noted that these changes will bring more transparency to DOD’s procurement process and protect the U.S. domestic textile industry from foreign competitors seeking government contracts. 

“I am pleased to announce that there will be more transparency in Department of Defense textile purchases,” said Hayes.  “Moving forward, Defense procurement officials know that they will have to present strong justification if they grant a waiver.  It is vitally important to have a strong domestic textile industry to make uniforms for our troops and provide the American people with products of the best quality in the world.  I have advocated expanding the Berry Amendment since it was uncovered that our troops were wearing berets made in China.  By requiring notification of Congress when contracts are awarded to foreign manufacturers, we create accountability and transparency for these purchases. 

“We also succeeded in expanding the Berry ‘Buy American’ rule, by requiring that components are covered under this domestic source requirement as well.”

Chairman of the House Armed Services Committee Duncan Hunter (CA-52) stated: “The Hayes provisions in the Defense Authorization bill are a major, major win for our textile industry.  Maintaining a strong domestic manufacturing base is a fundamental national security issue and Robin Hayes is a leader in this fight.”

Hayes’ language expands the Berry Amendment in two ways.  First, the Secretary of Defense must notify Congress within seven days if it awards a contract to a foreign manufacturer.  The Secretary most also place this contract on an Internet site maintained by the General Services Administration known as FedBizOps.gov.  Second, certain components are now covered under the Berry Amendment, whereas, these components were not previously subject to “Buy American” rules.  Please see attached document for exact language in the bill.

The Berry Amendment was originally designed to urge that all DOD procurements follow “Buy American” guidelines.  However, Berry was simply a non-binding policy – it was not a requirement.  Under Hayes’ leadership, the Berry Amendment was strengthened in 2001.  Hayes’ actions on the Berry Amendment were in response to the Army’s decision to purchase three million black berets from manufacturers in foreign countries including communist China.  Hayes’ new language will provide more transparency and accountability to DOD textile procurement at a time when our domestic textile industry is threatened by surging imports and government-subsidized foreign competitors.