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TITLE III — OPERATION AND MAINTENANCE

House Conference Report 109-360

SEC. 342. CONTRACTING FOR PROCUREMENT OF CERTAIN SUPPLIES AND SERVICES.

Section 8014(a)(3) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 972) is amended--

(1) in subparagraph (A), by inserting `, payment that could be used in lieu of such a plan, health savings account, or medical savings account' after `health insurance plan'; and

(2) in subparagraph (B), by striking `that requires' and all that follows through the end and inserting `that does not comply with the requirements of any Federal law governing the provision of health care benefits by Government contractors that would be applicable if the contractor performed the activity or function under the contract.'.

The Senate amendment contained a provision (sec. 809H) that would amend section 8014 of the Department of Defense Appropriations Act for Fiscal Year 2005 (Public Law 108-287) to clarify the treatment of health care costs in public-private competitions under such Act.

The House bill contained no similar provision.

The House recedes.