Wednesday, December 4, 2013

Senator Collins Introduces Amendment to Require Domestic Source of Athletic Footwear for Our Armed Forces

Just before Thanksgiving Senator Susan Collins (Rep., Maine) submitted an amendment the national defense authorization bill (S. 1197) 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. Senators Angus King (Ind., Maine), Edward Markey (Dem., Mass.), and Debbie Stabenow (Dem., Mich.) are listed as cosponsors.

In June the House of Representatives passed substantially the same amendment, as reported here

Here is the text of the Collins amendment --

At the end of subtitle D of title VIII, add the following:

SEC. 864. COMPLIANCE WITH DOMESTIC SOURCE REQUIREMENTS OF FOOTWEAR FURNISHED OR OBTAINED BY ALLOWANCE FOR ENLISTED MEMBERS OF THE ARMED FORCES UPON THEIR INITIAL ENTRY INTO THE ARMED FORCES.

Section 418 of title 37, United States Code, is amended by adding at the end the following new subsection:

``(d)(1) The footwear prescribed under this section to be furnished to, or to be paid for by allowance under this section by, members of the Army, Navy, Air Force, or Marine Corps upon their initial entry into the armed forces 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) to the use of such allowance for such footwear.

``(2) Paragraph (1) does not apply to athletic footwear furnished to, or paid for by allowance by, a member described in that paragraph 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 referred to in that paragraph.''.

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