[Congressional Record Volume 147, Number 47 (Tuesday, April 3, 2001)]
[Extensions of Remarks]
[Pages E523-E524]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        BUY AMERICA LEGISLATION

                                 ______
                                 

                          HON. WALTER B. JONES

                           of north carolina

                    in the house of representatives

                         Tuesday, April 3, 2001

  Mr. JONES of North Carolina. Mr. Speaker, I rise today to introduce 
legislation drafted to help preserve the U.S. textile industry. This 
legislation would seek to clarify the existing ``Buy-America'' 
provision for the Department of Defense, commonly known as the Berry 
Amendment.
  The Berry Amendment currently requires the Department to purchase 
clothing, specialty steel, textiles, and food that is produced in the 
United States by U.S. companies. The intent behind the legislation is 
to guarantee the U.S. military a ready mobilization base of U.S. 
apparel manufacturers--a critical component for rapid military 
mobilizations. The language has been a feature of defense procurement 
for over 50 years.
  However, as my colleagues may know, the Berry Amendment has recently 
resurfaced in the media following the decision by the Department of the 
Army to make the black beret a standard issue item for all Army 
personnel. The decision was controversial and short-sighted in its own 
right, but became further troubling when the Defense Logistics Agency 
decided to waive the Berry Amendment and allow the procurement of the 
berets from foreign sources--including a substantial number made in 
Communist China.
  The decision was not made because of a lack of existing U.S. 
suppliers to provide the berets. Nor was it made because of a lack of 
other textile manufacturers who might be willing to tool up to meet the 
demand. Instead, it was made because the Army wanted all of its 
personnel to have the berets by its next birthday. A date important to 
the Army and the Nation as it relates to the founding of that branch of 
service, but otherwise arbitrary as it relates to the purchase of 
berets.
  That decision was not just a slap in the face to the men and women 
who will be wearing the berets made by a potential enemy, but also to 
the U.S. textile industry who have long supported our men and women in 
uniform.
  This controversial waiver highlighted the need to review the current 
law and look for ways to improve its effectiveness. The legislation I 
am introducing today seeks to do just that. Specifically, the bill 
would add a requirement that for any waiver of the Buy American 
provision, the Secretary of Defense must notify the House and Senate 
committees on Appropriations, Armed Services, and Small Business. The 
legislation also requires that after Congress is notified, 30 days must 
pass before the contract can be let. Finally, the legislation clarifies 
and recodifies the Berry Amendment under the permanent section of U.S. 
code relating to defense procurement.
  Although the legislation does not eliminate the possibility of 
procuring this category of items overseas, it will improve 
congressional oversight of any Berry Amendment waivers. By raising the 
visibility of these waiver decisions, it is my hope that the Department 
of

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Defense will increase their level of scrutiny and prevent them from 
making such poor decisions in the future.

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