Page:United States Statutes at Large Volume 110 Part 1.djvu/402

 110 STAT. 378 PUBLIC LAW 104-106—FEB. 10, 1996 SEC. 724. APPLICATION OF FEDERAL ACQUISITION REGULATION TO PARTICIPATION AGREEMENTS WITH UNIFORMED SERV- ICES TREATMENT FACILITIES. (a) Section 718(c) of the National Defense Authorization Act 42 USC 248c for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) is note. amended— (1) in the second sentence of paragraph (1), by striking out "A participation agreement" and inserting in lieu thereof "Except as provided in paragraph (4), a participation agreement"; (2) by redesignating paragraph (4) as paragraph (6); and (3) by inserting after paragraph (3) the following new paragraph: "(4) APPLICATION OF FEDERAL ACQUISITION REGULATION. — On and after the date of the enactment of this paragraph, Uniformed Services Treatment Facilities and any participation agreement between Uniformed Services Treatment Facilities and the Secretary of Defense shall be subject to the Federal Acquisition Regulation issued pursuant to section 25(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)) notwithstanding any provision to the contrary in such a participation agreement. The requirements regarding competition in the Federal Acquisition Regulation shall apply with regard to the negotiation of any new participation agreement between the Uniformed Services Treatment Facilities and the Secretary of Defense under this subsection or any other provision of law.". (b) SENSE OF CONGRESS.—(1) Congress finds that the Uniformed Services Treatment Facilities provide quality health care to the 120,000 Department of Defense beneficiaries enrolled in the Uniformed Services Family Health Plan provided by these facilities. (2) In light of such finding, it is the sense of Congress that the Uniformed Services Family Health Plan provided by the Uniformed Services Treatment Facilities should not be terminated for convenience under provisions of the Federal Acquisition Regulation \ by the Secretary of Defense before the expiration of the current participation agreements. (3) For purposes of this subsection, the term "Uniformed Services Treatment Facility" means a facility deemed to be a facility of the uniformed services by virtue of section 911(a) of the Military Construction Authorization Act, 1982 (42 U.S.C. 248c(a)). SEC. 725. DEVELOPMENT OF PLAN FOR INTEGRATING UNIFORMED SERVICES TREATMENT FACILITIES IN MANAGED CARE PROGRAMS OF DEPARTMENT OF DEFENSE. Section 718(c) of the National Defense Authorization Act for 42 USC 248c Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) is amended note. by inserting after paragraph (4), as added by section 722, the following new paragraph: "(5) PLAN FOR INTEGRATING FACILITIES.— (A) The Secretary of Defense shall develop a plan under which Uniformed Services Treatment Facilities could be included, before the expiration date of the participation agreements entered into under this section, in the exclusive health care provider networks established by the Secretary for the geographic regions in which the facilities are located. The Secretary shall address in the plan the feasibility of implementing the managed care plan

�