Page:United States Statutes at Large Volume 119.djvu/3391

 PUBLIC LAW 109–163—JAN. 6, 2006

119 STAT. 3373

(2) The term ‘‘lead system integrator with system responsibility’’ means a prime contractor for the development or production of a major system if the prime contractor is not expected at the time of award, as determined by the Secretary of Defense for purposes of this section, to perform a substantial portion of the work on the system and the major subsystems. (3) The term ‘‘lead system integrator without system responsibility’’ means a contractor under a contract for the procurement of services whose primary purpose is to perform acquisition functions closely associated with inherently governmental functions with regard to the development or production of a major system. (4) The term ‘‘major system’’ has the meaning given such term in section 2302d of title 10, United States Code. (5) The term ‘‘pass-through charge’’ means a charge for overhead or profit on work performed by a lower-tier contractor (other than charges for the direct costs of managing lowertier contracts and overhead and profit based on such direct costs) that does not, as determined by the Secretary for purposes of this section, promote significant value added with regard to such work. (6) The term ‘‘functions closely associated with inherently governmental functions’’ has the meaning given such term in section 2383(b)(3) of title 10, United States Code. SEC. 806. CONGRESSIONAL NOTIFICATION OF CANCELLATION OF MAJOR AUTOMATED INFORMATION SYSTEMS.

10 USC 2302 note.

(a) REPORT REQUIRED.—The Secretary of Defense shall notify the congressional defense committees not less than 60 days before cancelling a major automated information system program that has been fielded or approved to be fielded, or making a change that will significantly reduce the scope of such a program, of the proposed cancellation or change. (b) CONTENT.—Each notification submitted under subsection (a) with respect to a proposed cancellation or change shall include— (1) the specific justification for the proposed cancellation or change; (2) a description of the impact of the proposed cancellation or change on the ability of the Department to achieve the objectives of the program proposed for cancellation or change; (3) a description of the steps that the Department plans to take to achieve those objectives; and (4) other information relevant to the change in acquisition strategy. (c) DEFINITIONS.—In this section: (1) The term ‘‘major automated information system’’ has the meaning given that term in Department of Defense directive 5000.1. (2) The term ‘‘approved to be fielded’’ means having received Milestone C approval.

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