WASHINGTON, D.C. – A provision authored by U.S. Senator Angus King (I-Maine) that would require the Department of Defense to consider athletic footwear subject to the Berry Amendment and provide initial-entry service members with American-made athletic shoes upon arrival at basic training has passed the U.S. Senate today as part of the Fiscal Year 2017 National Defense Authorization Act (NDAA). Senator King secured the provision in the NDAA during the Senate Armed Service Committee’s consideration of the bill last month.

“This is another win for American jobs and American manufacturers like New Balance, and I will continue to fight tooth and nail until it becomes law,” Senator King said. “For far too long, the Department of Defense has dragged its feet in applying the Berry Amendment to athletic footwear, and American manufacturers across the country have paid the price. But with the passage of this provision, we are one step closer to accomplishing a major feat – one that would reward U.S. companies for creating good-paying jobs here in the U.S. and that would finally equip American troops with high-quality American-made athletic footwear. I am proud of the work that is done by the good folks at New Balance, and I will continue to fight for them and any other company that wants to put people to work here in the United States.”

With the passage of the King provision today, it is now one step closer to becoming law. The NDAA, including the provision, is expected to head to a bicameral conference committee where members of the Senate and House of Representatives will reconcile the differences between the Senate’s version of the NDAA and the House’s version of the NDAA to arrive at compromise legislation.

As a member of the Senate Armed Services Committee, Senator King successfully secured his provision to the NDAA during the Committee’s markup of the bill last month. His provision mandates that the Department of Defense consider athletic footwear issued to military recruits subject to the Berry Amendment, requiring the Department to treat athletic footwear like other uniform items. The Berry amendment, passed in 1941, requires the U.S. military to provide its personnel with American-made equipment and uniforms to the greatest extent possible. Despite this long-standing law, and despite the fact that it issues similar Berry Compliant items such as combat boots and service uniforms, the Department of Defense has not previously issued new recruits athletic footwear that is compliant with the Berry Amendment.

Senator King’s American footwear provision is identical to both an amendment secured in the House-version of the NDAA by Representative Bruce Poliquin (R-Maine-2) and the Buy American Act introduced by Senator King and Senator Susan Collins earlier this year.

In addition to the provision, the 2017 NDAA also includes several other major victories for Maine that Senator King was able to secure in the Armed Services Committee markup, including:

• FUNDING FOR SHIPBUILDING PRIORITIES: The bill authorizes almost $3.5 billion for Navy destroyer programs, including $271.7 million for the construction of DDG-1000 Zumwalt destroyers – all of which are being built at Bath Iron Works – and $3.2 billion for the procurement of two DDG-51 Arleigh Burke-class destroyers in Fiscal Year 2017, one of which will be built at Bath.

  Of the $3.2 billion in procurement for the Arleigh Burke-class destroyers, Senator King was able to authorize an additional $50 million in funding for the DDG-51 that was authorized and partially funded last year due to the work of Senators King and Susan Collins. That ship has since been identified by the Navy as one of its top unfunded priorities, and this authorization secured by Senator King lays the groundwork to appropriate the remaining funding necessary to build it. 

• MILITARY CONSTRUCTION PROJECTS: The bill authorizes $17.7 million for unaccompanied housing at Portsmouth Navy Shipyard (PNSY) to provide housing for the crew of submarines; $30.1 million for utility improvements of nuclear platforms at PNSY; and $27 million to construct a replacement medical/dental clinic at PNSY. Senator King specifically requested these authorizations.

• FULL PER DIEM FOR PNSY WORKERS ON LONG-TERM TEMPORARY DUTY: The bill would authorize the Navy to provide full per diem to public shipyard workers traveling on long-term temporary duty. The provision is based on legislation introduced by Senator King and Senators Kelly Ayotte (R-N.H.), Jeanne Shaheen (D-N.H.), and Susan Collins (R-Maine) to introduce legislation that would modify the existing, flawed Department of Defense long-term temporary duty policy for shipyard workers conducting off-yard maintenance.

• NO NEW BRAC ROUND: This legislation rejects the President’s call in his Fiscal Year 2017 budget request for additional base closures under the Base Realignment and Closure (BRAC) process. The last BRAC process occurred in 2005 when the Pentagon's recommendation to close the Portsmouth Naval Shipyard was ultimately overturned by the BRAC Commission, but their recommendation to realign Brunswick Naval Air Station was rejected in favor of closing the base.

• JOINT STRIKE FIGHTER: The bill authorizes the procurement of 63 F-35 Joint Strike Fighters of all three variants. Several Maine-based companies, including Pratt & Whitney in North Berwick and General Dynamics in Saco, are in the supply and production chain for this fifth generation fighter.

• LONG STRIKE RANGE BOMBER: The bill authorizes $1 billion for procurement of a new long-range stealth bomber, B-21, which will be a central pillar of our national security strategy to deal with future threats. Pratt & Whitney in North Berwick will produce components for the B-21’s engine.

• DEFINITION OF CYBERWAR: The bill includes language similar to legislation authored by Senators King and Mike Rounds (R-S.D.) that would require the Administration to develop a policy to determine when a cyber-attack constitutes an act of war.

• FIGHTING THE OPIOID AND HEROIN EPIDEMIC: The bill includes a provision, offered by Senator Kelly Ayotte and supported by Senator King, that would ensure that that at least $191.5 million will be dedicated to counter the production and trafficking of illicit drugs, including heroin and fentanyl.

The Fiscal Year 2017 NDAA establishes policies and authorizes funding for the Department of Defense as well as the national security programs of the Department of Energy. It provides for the pay and benefits earned by members of the military and their families, provides for national defense including authorization of funds for counter-ISIL operations in Iraq and Syria, and represents a vision of America’s national security goals, resources, and policies.

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