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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle C — Amendments To General Contracting Authorities, Procedures, And Limitations

P. L. 114-

House Conference Report. 114-840

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—

“(A) procure athletic footwear that complies 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); and

“(B) procure additional athletic footwear, for two years following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, that is necessary to provide a member described in paragraph (1) with sufficient choices in athletic shoes so as to minimize the incidence of athletic injuries and potential unnecessary harm and risk to the safety and well-being of members in initial entry training.

“(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.”.

The Senate bill contained a provision (sec. 671) that would require the Secretary of Defense to furnish athletic footwear directly to members of the Army, Navy, Air Force, and Marine Corps instead of providing a cash allowance. Such footwear must comply with section 2533a of title 10, United States Code.

The House amendment contained a similar provision (sec. 808).

The House recedes with an amendment that would authorize the Department of Defense, for two years, to purchase additional footwear that is necessary to provide sufficient choices to minimize the incidence of athletic injuries in initial entry training. During those two years, the conferees expect the Secretary, to the maximum extent practicable, to furnish footwear from domestic sources while taking appropriate steps to minimize the incidence of athletic injuries. The conferees direct the Secretary of Defense to develop a plan and schedule to fully implement this provision, and brief that plan and schedule to the Committees on Armed Services of the Senate and the House of Representatives no later than six months following the date of enactment of this Act.

The conferees are aware that a number of scientific studies have been and are being conducted to evaluate variances in foot structures, related causes of athletic foot injuries, and appropriate footwear to reduce the incidence of such injuries. The conferees direct the Secretary of Defense to brief the results of those studies to the Committees on Armed Services of the Senate and the House of Representatives no later than 18 months following the date of enactment of this Act. The briefing shall include recommendations for reducing injuries in recruits, including modifying initial entry training methods, medically evaluating the foot types of members of the Armed Forces in initial entry training, furnishing appropriate footwear to such members in initial entry training, and domestic sourcing of such footwear.