PUBLIC LAW 109–163—JAN. 6, 2006
119 STAT. 3199
were to result from the conversion, reorganization, or reengineering actions.’’. (2) WAIVER FOR SMALL FUNCTIONS AND CONFORMING AMENDMENTS.—Section 2461 of such title, as amended by subsections (a) and (b), is further amended— (A) by striking subsections (c), (d), (f) and (g); and (B) by redesignating subsections (e) and (h) as subsections (c) and (d) respectively. (3) CORRECTION OF TERMINOLOGY.—The heading for subsection (c) of such section, as redesignated by paragraph (2), is amended by striking ‘‘WAIVER’’ and inserting ‘‘EXEMPTION’’. (d) PERFORMANCE MONITORING.—Section 2461a of such title is amended— (1) by striking subsections (a), (c), and (d); (2) by redesignating subsections (b) and (e) as subsections (a) and (b) respectively; (3) in subsection (a), as so redesignated— (A) in paragraph (1)— (i) by striking ‘‘establish a system for monitoring’’ and inserting ‘‘monitor’’; and (ii) by striking ‘‘a workforce review’’ and inserting ‘‘a public-private competition conducted under section 2461 of this title’’; (B) in paragraph (2), by striking all and inserting the following: ‘‘(2) In carrying out paragraph (1), the Secretary shall— ‘‘(A) compare the cost of performing the function before the public-private competition to the cost of performing the function after the implementation of the results of the publicprivate competition; and ‘‘(B) identify any actual savings of the Department of Defense after the implementation of the results of the publicprivate competition and compare such savings to the estimated savings identified pursuant to section 2461(a)(1)(E) of this title for that public-private competition;’’; and (C) in paragraph (3), by inserting ‘‘pursuant to such a public-private competition’’ after ‘‘reengineering of the function’’; and (4) in subsection (b), as so redesignated, by striking ‘‘workforce reviews’’ and inserting ‘‘public-private competitions conducted under section 2461 of this title’’. (e) INAPPLICABILITY TO BEST-VALUE SOURCE SELECTION PILOT PROGRAM.—Subsection (a)(1)(E) of section 2461 of title 10, United States Code, as amended by subsection (a), shall not apply with respect to the pilot program for best-value source selection for performance of information technology services authorized by section 336 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461 note). (f) REPEAL OF REDUNDANT PROVISION.—Section 2463 of such title is repealed. (g) CLERICAL AND CONFORMING AMENDMENTS.— (1) SECTION 2461.—Section 2461(c) of such title, as redesignated by subsection (c), is amended by striking ‘‘Subsections (a) through (c) and subsection (g)’’ and inserting ‘‘This section’’. (2) HEADINGS.— (A) 2461.—The heading for section 2461 of such title is amended to read as follows:
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10 USC 2461 note.
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