The Berry Amendment
The DNADS, or waivers, approved by the Under Secretary of Defense (Acquisition, Technology & Logistics) are listed below. Before relying on an existing DNAD, contact the approving office for current guidance as follows:
USD(AT&L): DPAP/CPIC, 703-697-9352.
Army: ASA/ALT, 703-604-7006.
Navy: DASN (RD&A), 703-614-9600.
Air Force: AQCK, 703-588-7040.
DLA: J-7, 703-767-1461
1. Non-Available Component: Zipper
End Item(s): Integrated Aircrew Ensemble (fllight suit)
Approving Official and/or Date: Approved January 10, 2013 by the Secretary of the Air Force
2. Non-Available Component: Waterproof/Vapor-tight Zippers/Closures
End Item(s): Joint Expeditionary Collective Protective Family of Systems
Approving Official and/or Date: Approved September 25, 2012 by the Secretary of the Army
3. Non-Available Component: Sliders, Tape, Backing Sheets, Pullers and the Reinforcement Tape, Components of CR/CR2 8TZ Zippers for Anti-Exposure Coveralls
End Item: U.S. Air Force and U.S. Navy Anti-Exposure Coveralls
Approving Official and/or Date: Approved by Director, DLA on December 22, 2011
4. Non-Available Component: Chemical and Oil Protective Nitrile Gloves
End Item(s): Protective gloves used by the Navy to protect personnel against exposure to Otto fuel used to propel torpedoes
Approving Official and/or Date: Approved by Director, DLA on December 8, 2008
5. Non-Available Component: Snap Fastener
End Item(s): Used on Marine Corps men's dress green coat
Approving Official and/or Date: Approved by Director, DLA on December 3, 2008
6. Non-Available Component: Acrylic Staple Fiber
End Item(s): Acrylic fiber sandbags
Approving Official and/or Date: Approved by Director, DLA on October 30, 2008
7. Non-Available Component: Various Straps for Ejection Seat Restraint
End Item(s): Navy Aircrew Common Ejection Seats (NACES)
Approving Official and/or Date: Approved on May 9, 2003
8. Non-Available Component: Modacrylic Fiber
End Item(s): Military parkas and ruffs
Approving Official and/or Date: Approved by Under Secretary of Defense for Acquisition, Tech & Logistics on December 11, 2002
9. Non-Available Component: Cationic-Dyable Continuous Filament Polyester Tow
End Item(s): Used in polyester/wool gabardine for U.S. Air Force windbreakers
Approving Official and/or Date: Approved July 8, 2002
10. Non-Available Component: Rayon Yarn
End Item(s): Used in dress clothing, individual equipment, insignia, flags, streamers and guidons
Approving Offical and/or Date: Approved on July 20, 2001
11. Non-Available Component: Medical/Surgical Supplies
End Item(s): Bandages, gauze, sponges, cotton pellets, medical clothing, surgical instruments, etc.
Approving Official and/or Date: Approved on June 13, 2001
The waiver (DNAD) for poromeric material, forAir Force high gloss men's and women's dress shoes, approved on January 1, 2010, was canceled at the request of DLA on January 24, 2010 because of the determiniation that compliant poromeric material or acceptable alternate material of satisfactory quality and sufficient quantity, at U.S. market prices, that meet the U.S. Air Forces' requirements, are available from domestic sources.
The class DNAD (waiver) for Ethyl Vinyl Acetate (EVA) for Midsoles and Non-Marking Solid Rubber for Outsoles, for U.S. Air Force running shoes, which was approved on July 16, 2006, was cancelled on April 24, 2011 when it was determined by DLA that the Air Force no longer demanded running shoes containing this component.
Sec. 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181), enacted on January 28, 2008, provided a waiver for DoD to procure fire resistant rayon fiber for the production of uniforms whereby such fire resistant rayon fiber can be procured from foreign sources. Foreign countries covered by this section apply with respect to a foreign country that is party to a defense memorandum of understanding entered into under section 2531 of title 10, United States Code, and does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in the United States. This waiver was to be in place for five years after enactment of the Act. However, this waiver was extended through January 1, 2015, in Sec. 821 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383, January 7, 2011). This legislation requires that the Comptroller General of the United States submit to the Committees on Armed Services of the Senate and the House, a report on the supply chain for fire resistant fiber for the production of uniforms. Such report is to be submitted no later than March 15, 2011. The National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81, December 31, 2011) repealed the sunset authority to procure fire resistant rayon fiber from foreign sources for the production of uniforms.
Office of Textiles and Apparel (OTEXA)
U.S. Department of Commerce
Washington, DC 20230
Phone: (202) 482-5078 | Fax: (202) 482-2331