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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle H—Other Matters

P. L. 117-81

Joint Explanatory Statement

(a) Notification Required.--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:

(1) The circumstances that resulted in the need to enter into an intergovernmental support agreement that included such exception.

(2) The anticipated benefits of entering into such agreement that included such exception.

(3) The anticipated impact on persons covered under such chapter 85 because of such exception.

(4) The extent to which such agreement complies with applicable policies, directives, or other guidance of the Department of Defense.

(b) Recommendations.--

(1) In general.--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.

(2) Budget request materials defined.--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.

(c) Briefing Required.--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.

(d) Policy Required.--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--

(1) the application of other requirements of acquisition law and policy; and

(2) chapter 85 of title 41, United States Code.

(e) Secretary Concerned Defined.--In this section, the term ``Secretary concerned'' means--

(1) the Secretary of the Army, with respect to matters concerning the Army;

(2) the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and

(3) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force.

The House bill contained a provision (sec. 2824) that would improve access to certain installation support service contracts for individuals with certain disabilities.

The Senate amendment contained a similar provision (sec. 813).

The agreement includes the Senate provision with an amendment that would require a notification in fiscal years 2022 and 2023 prior to the Department of Defense allowing exemptions of provisions of chapter 85 of title 41, United States Code, to enter into an intergovernmental support agreement (IGSA) as provided for in section 2679 of title 10, United States Code; a legislative analysis to identify the specific provisions of law that IGSAs must be exempted from to support the effective and efficient use of such authority; and the development of a Department-wide policy on the use of IGSA authority, including with respect to the application of other requirements of acquisition law and policy. The amendment also requires a briefing from the Secretary of Defense on the activities taken to implement this section.

We intend the agreement to ensure that current contractors performing services that may be contracted for under IGSAs are not unduly displaced. Further, the agreement seeks to clarify seemingly contradictory provisions of law in chapter 85 of title 41, United States Code, and section 2679 of title 10, United States Code, in which the former mandates the preferred or required use of certain contractors in defense acquisition activities while the latter provides for an exception of such requirements. We are concerned this seeming contradiction may result in confusion across multiple levels of installation and contracting management, as well as among the potential performer community.

We also intend for the agreement to support the delineation of a common set of IGSA policies to promote the consistent, effective, and efficient use of such authority and create a common understanding of its use both in government and industry.

H. R. 4350--House Report 117-118

N/A

S. 2792--Senate Report117-39

Exclusion of certain services from intergovernmental support agreements for installation-support services (sec. 813)

The committee recommends a provision that would make a clarifying amendment to section 2679 of title 10, United States Code.