Effect of the Berry Amendment to the Department of Defense Appropriation Act of 1953 on the Buy American Act

Decision concerning a request for legal opinion on the Berry Amendment as it relates to the Buy American Act.

GAO found that the protection afforded domestic suppliers and manufacturers by the provisions of the Berry Amendment is in addition to that afforded by the Buy American Act. Therefore, in view of the fact that the provisions of the Berry Amendment are not an amendment to the Buy American Act and must be reenacted annually in Department of Defense Appropriation Acts to remain in force. We are of the opinion that waiver of the Buy American Act would not cause the provisions of the Berry Amendment to automat1cally be waived.