12 2 STA T .58PUBLIC LA W 11 0– 181 —J A N .28 , 2008 Subti t leC—Workp l ac ea ndD epot Is sues SEC.321 . AV A IL A B ILI TYOF F UND S IN DEFENSE INFO RM ATION SYS - TEMS A G ENCY W OR K ING CA P ITAL FUND FOR TEC H - NOLOGY UPGRADES TO DEFENSE INFORMATION SYS- TEMS NETWORK. (a)INGE NE RAL.—Notwi t hs ta nd in g s ec tion 2 2 08 o f tit l e 1 0 ,U nited S tates C ode, f u nds in the D efense Info rm ation S y stems A gency W or k ing Ca p ital F und may b eusedfore x penses directly related to technology upgrades to the Defense Information Systems Network. (b) LIM I T ATI O N ON CERTAIN P RO J E C T S .—Funds may not be used under subsection (a) for— (1) any technology insertion to the Defense Information Systems Network that significantly changes the performance en v elope of an end item
or (2) any component with an estimated total cost in excess of $5 00,000. (c) LIMITATION IN FISCAL Y EAR PEN D IN GT IMEL YR E P ORT.— If in any fiscal year the report re q uired by paragraph (1) of sub - section (d) is not submitted by the date specified in paragraph (2) of subsection (d), funds may not be used under subsection (a) in such fiscal year during the period— (1) beginning on the date specified in paragraph (2) of subsection (d); and (2) ending on the date of the submittal of the report under paragraph (1) of subsection (d). (d) ANN U AL REPORT.— (1) IN GENERAL.—The Director of the Defense Information Systems Agency shall submit to the congressional defense committees each fiscal year a report on the use of the authority in subsection (a) during the preceding fiscal year. (2) DEADLINE F OR SU B MITTAL.—The report required by paragraph (1) in a fiscal year shall be submitted not later than 6 0 days after the date of the submittal to Congress of the budget of the President for the succeeding fiscal year pursu- ant to section 1105 of title 3 1, United States Code. (e) SUNSET.—The authority in subsection (a) shall expire on O ctober 1, 2011. SEC. 322. MODIFICATION TO PUBLIC-PRIVATE COMPETITION RE Q UIRE- MENTS BEFORE CONVERSION TO CONTRACTOR PERFORMANCE. (a) COMPARISON OF RETIREMENT SYSTEM COSTS.—Section 2 4 61(a)(1) of title 10, United States Code, is amended— (1) in subparagraph (F), by striking ‘ ‘and ’ ’ at the end; (2) by redesignating subparagraph (G) as subparagraph ( H ); and (3) by inserting after subparagraph (F) the following new subparagraph (G)
‘‘(G) requires that the contractor shall not receive an advan- tage for a proposal that would reduce costs for the Department of Defense by— ‘‘(i) not making an employer-sponsored health insur- ance plan (or payment that could be used in lieu of such a plan), health savings account, or medical savings account
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