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Kissel amendment to protect domestic textile & apparel sector

07 Feb '09
5 min read

"It should also be noted that the Kissell Amendment was carefully crafted so as not to violate any U.S. trade agreements or obligations," said Larry McClendon, Chairman of the National Cotton Council (NCC).

The U.S. textile and apparel sector has been hit particularly hard by the economic downturn with 60,000 jobs lost during the past twelve months. In the past year, 44 textile plants have closed, including 14 in North Carolina, 10 in South Carolina, 4 in Georgia, 7 in Alabama, and 7 in Virginia.

Berry Amendment Background:
The Berry Amendment requires the U.S. Defense Department (DOD) to buy certain products, judged essential to military readiness, with 100 percent U.S. content and labor. These products include clothing and other textile items, specialty steel, and food.

The Berry Amendment ensures military readiness through an active defense-industrial base and provides a reliable domestic source for certain vital goods during war times. Preserving the Berry Amendment is the highest priority, but efforts should be made to expand the Berry Amendment to include other national security agencies.

Summary of the Berry Amendment Extension Act (Kissell Amendment):
Currently, the Berry Amendment only applies to procurement by the DOD and the U.S. Coast Guard within the Department of Homeland Security (DHS).

The Berry Amendment Extension Act would require DHS to procure textile and apparel products unless they are domestically produced and manufactured. DHS could waive the Berry requirements if the specific item is not produced in the United States or cannot be procured in a reasonable time at a reasonable cost. It also requires the DHS to apply these provisions when they are consistent with our international agreements.

The immediate practical effect of the Berry Amendment Extension Act's passage is that it would apply the Berry Amendment only to the Transportation Safety Agency (TSA) within DHS. This is because the U.S. government is a signatory to the WTO Agreement on Government Procurement (GPA), which prohibits Berry-type provisions.

The United States has the option to exempt agencies critical to national security from the GPA, but only has chosen to exempt the U.S. Coast Guard and TSA within DHS. Nevertheless, The Berry Amendment Extension Act would also allow the Obama Administration to apply the Berry Amendment to other agencies within DHS (Customs and Border Protection, Secret Service, FEMA, among others) should the U.S government choose to exercise its discretion and also exempt them from the GPA.

Industrial Fabrics Association

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