Page:United States Statutes at Large Volume 120.djvu/2353

 120 STAT. 2322

PUBLIC LAW 109–364—OCT. 17, 2006 various mechanisms that could be used to ensure an independent evaluation of contractor performance for the purpose of making determinations applicable to the judging and payment of award fees. (2) CONSIDERATIONS.—The assessment conducted pursuant to paragraph (1) shall include consideration of the advantages and disadvantages of a system in which award fees are— (A) held in a separate fund or funds of the Department of Defense; and (B) allocated to a specific program only upon a determination by an independent board, charged with comparing contractor performance across programs, that such fees have been earned by the contractor for such program. (3) REPORT.—The Secretary shall submit to the congressional defense committees a report on the assessment conducted pursuant to paragraph (1) not later than one year after the date of the enactment of this Act.

SEC. 815. REPORT ON DEFENSE INSTRUCTION RELATING TO CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY ARMED FORCES.

(a) REPORT ON IMPLEMENTATION OF INSTRUCTION.—The Secretary of Defense shall submit to Congress a report on the Department of Defense instruction described in subsection (c). (b) MATTERS COVERED.—The report shall include the following: (1) Information on the status of the implementation of the instruction. (2) A discussion of how the instruction is being applied to— (A) contracts in existence on the date the instruction was issued, including contracts with respect to which an option to extend is exercised after such date; (B) task orders issued under such contracts after the date referred to in subparagraph (A); and (C) contracts entered into after the date referred to in subparagraph (A). (3) An analysis of the effectiveness of the instruction. (4) A review of compliance with the instruction. (c) INSTRUCTION DESCRIBED.—The instruction referred to in this section is Department of Defense Instruction Number 3020.14, titled ‘‘Contractor Personnel Authorized to Accompany the United States Armed Forces’’. SEC. 816. MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS.

(a) REPORTS AND INFORMATION ON PROGRAM COST AND PERFORMANCE.— (1) IN GENERAL.—Part IV of subtitle A of title 10, United States Code, is amended by inserting after chapter 144 the following new chapter: ‘‘CHAPTER 144A—MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS ‘‘Sec. ‘‘2445a. Major automated information system program defined. ‘‘2445b. Cost, schedule, and performance information. ‘‘2445c. Reports: quarterly reports; reports on program changes. ‘‘2445d. Construction with other reporting requirements.

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