Industry Efforts to Expand the 

Berry Amendment

David Costello, Executive Director

Joint Advanced Planning Brief for Industry

Wednesday, November 15, 2017
WPRC: Who We Are
FY2017 Legislative Successes

Best Value Contracting: National Defense Authorization Act (NDAA) statutory 

language prohibiting use of “Lowest Price/Technically Acceptable” methods for 

PPE/OCIE

“Buy American”/Berry Amendment Compliance: Directive report language 

included in Senate Defense Appropriations Subcommittee bill encouraging SecDef

to “dedicate resources to expand training and ensure compliance with Buy 

American and Berry Amendment”

Government Accountability Office (GAO) Report: At WPRC request, GAO 

completing audit of Kissell Amendment compliance by Department of Homeland 

Security (DHS)

SEP/REF : Successfully advocated for SEP/REF to be maintained as enduring 

acquisition tool (funding increase of $5.5M)
FY2018 WPRC Legislative Objectives

• Protecting the Berry Amendment-compliant domestic industrial base

• Department of Homeland Security (DHS) compliance with domestic 

manufacturing statute based on results of GAO audit

• Support legislative proposals to extend Berry Amendment provisions to 

additional government agencies, including the Department of Justice and 

the Department of the Interior

• Promote and Protect “Best Value” Contracting provisions from FY17 

NDAA

• Soldier Enhancement Program (SEP) and Rapid Equipping Force (REF) 

Support
DHS “Buy American” Compliance and 

Expansion

• “Kissell Amendment” approved in 2009 Stimulus bill (ARRA) to extend domestic preference 

requirements to DHS agencies (TSA and Coast Guard)

• To enhance national security of the United States, Kissell was intended to require the domestic 

manufacture of uniforms and personal protective equipment, with exemptions for Canada, Mexico, 

and other strategic trading partner nations

• To highlight Kissell Amendment lack of efficacy, WPRC requested a GAO audit of DHS to identify the 

extent to which the agency is complying with the law. This report is nearing completion and public 

release.

• WPRC has received Congressional interest in expanding domestic preference laws to the Department 

of Homeland Security. 

• WPRC-supported legislation, the Homeland Production Security Act (HOPS) (HR 1811) has 

been introduced by Rep. Scott Taylor (R-VA, 2nd District) that “prohibits the use of funds 

appropriated by the Department of Homeland Security for the procurement of uniforms not 

manufactured in the United States.”
H.R. 1811: The Homeland Production Security 

Act (HOPS)

• U.S. Representatives Scott Taylor (R-VA, 2nd District) and Luis Correa (D-CA, 46th District) 

introduced the Homeland Production Security Act (HOPS Act) on April 4, 2017

• The HOPS Act would require the manufacture of uniforms for the Department of 

Homeland Security and operational agencies be performed in the United States. 

• There are 38 bipartisan co-sponsors of the HOPS Act as of November 14

• Referred to the House Committee on Homeland Security, Subcommittee on Oversight 

and Management Efficiency

• WPRC continues to work with Rep. Taylor’s office to include a broader range of PPE 

and OCIE covered by the HOPS Act
S. ___: The Strengthening Security and 

American Manufacturing Act

• U.S. Senator Jon Tester (D-MT), Ranking Member of the Senate Homeland 

Security Appropriations Subcommittee, introduced “The Strengthening 

Security and American Manufacturing Act”

• S. ____ is designed as a companion bill to HR 1811 to extend domestic 

preference procurement to DHS operational agencies

• Applies to: uniform shirts, uniform pants, jackets and outerwear, handwear, 

footwear, body armor components, body armor plate carriers, helmets, 

protective eyewear, bags and packs, holsters and ammunition pouches, 

environmental and fire resistant clothing, socks, patches, belts, and other 

items determined by the Secretary of Homeland Security

• To be referred to the Committee on Homeland Security and Governmental 

Affairs (subject to change)
Trump Administration Action: 

Domestic Procurement for DHS

– April 19: White House Meeting with Office of Public Liaison

– June 14: White House Meeting with Assistant to the President, Director of Trade and 

Industrial Policy and White House National Trade Council Director Dr. Peter Navarro

– July 19: White House Meeting with President Trump, Vice President Pence, and Secretary 

of Labor Alex Acosta - Participated in “Made in America” Roundtable 

• Executive Authority

– WPRC has respectfully requested that President Trump exercise his authority through Executive 

Order to direct the Department of Homeland Security to procure 100% American-sourced and 

manufactured personal protective equipment (PPE) and organizational clothing and individual 

equipment (OCIE) for the operational agencies charged with protecting our borders and our 

nation.

– A draft executive order is currently under interagency review as a result of WPRC meetings with 

Administration officials.

• Support HR 1811/S ___(HOPS Act/ Strengthening Security and American Manufacturing Act)

– Legislation to prohibit the use of funds appropriated to DHS for procurement of uniforms not 

manufactured in the United States

– WPRC respectfully requests that President Trump support these bills to create American 

manufacturing jobs and prevent the continued use of foreign-made equipment and uniforms by 

DHS national security personnel. 
FY18 Priorities Outlook

• Work with Congressional champions to ensure that the national security 

components of DHS have access to American-made uniforms, gear, and 

equipment. (HOPS Act/SSAMA)

• Promote domestic manufacturing and American employers who continue 

to create jobs in support of the armed services

• Serve as resource for Congressional/Administration officials engaged in 

“Buy American, Hire American” efforts
Contact Information

David Costello, Executive Director

david.costello@warriorprotection.net

617.875.2492