Sec. 876. Notification of certain intergovernmental support agreements
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During fiscal years 2022 and 2023, not less than 60 days before entering into an intergovernmental support agreement under section 2679 of title 10, United States Code, that is an exception to the requirements of chapter 85 of title 41, United States Code, the Secretary concerned shall submit, in writing, to the congressional defense committees a report including the following relating to such agreement: The circumstances that resulted in the need to enter into an intergovernmental support agreement that included such exception.
The anticipated benefits of entering into such agreement that included such exception. The anticipated impact on persons covered under such chapter 85 because of such exception. The extent to which such agreement complies with applicable policies, directives, or other guidance of the Department of Defense. The Secretary of Defense shall submit to the congressional defense committees, along with the budget request materials for fiscal year 2023, specific recommendations for modifications to the legislative text of subsection (a)(1) of section 2679 of title 10, United States Code, along with a rationale for any such modifications, to identify specific provisions of Federal contracting law appropriate for waiver or exemption to ensure effective use of intergovernmental support agreements under such section.
In this subsection, the term budget request materials means the materials submitted to Congress by the President under section 1105(a) of title 31, United States Code. Not later than 6 months after the date of enactment of this Act the Secretary of Defense shall provide to the congressional defense committees a briefing on activities taken to carry out the requirements of this section. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to clarify the use of the authority under section 2679 of title 10, United States Code, including with respect to— the application of other requirements of acquisition law and policy; and chapter 85 of title 41, United States Code.
In this section, the term Secretary concerned means— the Secretary of the Army, with respect to matters concerning the Army; the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force.