Pub. L. 106-65, div. A, tit. III, subtit. E, sec. 342
CONGRESSIONAL NOTIFICATION OF A–76 COST COMPARISON WAIVERS.
SEC. 342. CONGRESSIONAL NOTIFICATION OF A–76 COST COMPARISON WAIVERS. (a) Notification Required.—Section 2467 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) Congressional Notification of Cost Comparison Waiver.—(1) Not later than 10 days after a decision is made to waive the cost comparison study otherwise required under Office of Management and Budget Circular A–76 as part of the process to convert to contractor performance any commercial activity of the Department of Defense, the Secretary of Defense shall submit to Congress a report describing the commercial activity subject to the waiver and the rationale for the waiver. “(2) The report shall also include the following: “(A) The total number of civilian employees or military personnel currently performing the function to be converted to contractor performance. “(B) A description of the competitive procedure used to award a contract for contractor performance of the commercial activity. “(C) The anticipated savings to result from the waiver and resulting conversion to contractor performance.”. (b) Clerical Amendments.—(1) The heading of such section is amended to read as follows: “§ 2467. Cost comparisons: inclusion of retirement costs; consultation with employees; waiver of comparison”. (2) The table of sections at the beginning of chapter 146 of such title is amended by striking the item relating to section 2467 and inserting the following new item: “2467. Cost comparisons: inclusion of retirement costs; consultation with employees; waiver of comparison.”.