House Passes Defense Authorization with Amendment Requiring Domestic Sourcing of Athletic Footwear

On June 13th the U.S. House of Representatives passed an amendment, offered by Niki Tsongas (Dem., Massachusetts) and Mike Michaud (Dem., Maine) to the National Defense Authorization Act which will strengthen the Department of Defenses' Buy America requirements by requiring that athletic footwear for members of our armed services comply with the Berry Amendment which mandates the Department of Defense procure textiles and clothing made in America. In recent years, the Department of Defense has gotten around the Berry Amendment in the case of physical training shoes by giving service men and women a cash allowance to buy the shoes rather than purchasing them directly. According to Mr. Michaud

"Two major, domestic athletic footwear brands -- New Balance and Wolverine World Wide -- are already prepared to produce 100% Berry compliant athletic shoes for the U.S. military. And at least one of those companies can do so at a lower price than the value of the cash allowances DOD gives soldiers now."

Here is the text of the amendment --

AMENDMENT NO. 93 OFFERED BY MS. TSONGAS OF MASSACHUSETTS

At the end of title VIII, insert the following new section:

SEC. 833. COMPLIANCE WITH DOMESTIC SOURCE REQUIREMENTS FOR FOOTWEAR FURNISHED TO ENLISTED MEMBERS OF THE ARMED FORCES UPON THEIR INITIAL ENTRY INTO THE ARMED FORCES.

(a) Requirement.--Section 418 of title 37, United States Code, is amended by adding at the end the following new subsection:

``(d)(1) In the case of athletic footwear needed by members of the Army, Navy, Air Force, or Marine Corps upon their initial entry into the armed forces, the Secretary of Defense shall furnish such footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear.

``(2) In procuring athletic footwear to comply with paragraph (1), the Secretary of Defense shall comply with the requirements of section 2533a of title 10, without regard to the applicability of any simplified acquisition threshold under chapter 137 of title 10 (or any other provision of law).--

``(3) This subsection does not prohibit the provision of a cash allowance to a member described in paragraph (1) for the purchase of athletic footwear if such footwear--

``(A) is medically required to meet unique physiological needs of the member; and

``(B) cannot be met with athletic footwear that complies with the requirements of this subsection.''.

(b) Certification.--The amendment made by subsection (a) shall not take effect until the Secretary of Defense certifies that there are at least two sources that can provide athletic footwear to the Department of Defense that is 100 percent compliant with section 2533a of title 10, United States Code.