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![handle is hein.gao/gaobadrvx0001 and id is 1 raw text is:
sTAT\ £$O ~3~AL \C OON 1GK OFFIcE
-VIA OC 197704
The Honorable Stephen J. Solarz
Hmse of Representatives
Dear Mr. Solar%:
We refer to your letter of August 19, 1977. requesting a legal
opin on the Berry Amendment as it relates to the Buy American
Act. Specifically, you asked:
** * * (I]f the Act is waived, for instance as set
forth in the Memorandum of Understanding now
existing between the United States and the United
Kingdom for certain defense purchases, would
the provisions of the Berry Amendment not also
be automatically waived[ ? I
The B 4y American Act, 47 Stat 1520, as amended, 41 U. S. C.
l0a to lOd.,*was designed to accord preferential treatment to domestic
producers and manufacturers In the case of purchases of materials
and supplies by Federal agencies, as well as by construction con-
tractors with such agencies. Fxceptions to the requirement that
purchases be made from domestic producers and manufacturers are
(1) where the materials or supplies are to be used outside the United
States; or (2) where the department or agency concerned determines
that It would be inconsistent with the public interest or the cost of
domestic supplex or materials would be unreasonable.
The Berry Amendmet s an amenment to the Department of
Defense Appropriation Act~,f 1953, 66 Stat. 517, and generally pro-
hibited procurements of materials made from non-domestic raw
fibres. It was designed to plug up a loophole in the Buy American
Act by requiring that * * * cotton and wool rwould] only be considered
American when the origin of the raw fibre, as well as each successive
stage of manufacture, is domestic. Prior to enactment of the Berry
Ame dlent, Armed Services Procurement Regulation (ASPR) S 6-
103. had excluded raw fibre from the scope of the Buy American
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