Page:United States Statutes at Large Volume 102 Part 1.djvu/892

 102 STAT. 854

Regulations.

Reports-

PUBLIC LAW 100-370—JULY 19, 1988

"(2) The Secretary of Defense shall identify those logistics activities that are necessary to maintain the logistics capability described in paragraph (1). "(b) LIMITATION ON CONTRACTING.—(1) Except as provided in paragraph (2), performance of a logistics activity identified by the Secretary under subsection (a)(2), and performance of a function of the Department of Defense described in section 1231(b) of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 731), may not be contracted for performance by non-Government personnel under the procedures and requirements of Office of Management and Budget Circular A-76 or any successor administrative regulation or policy (hereinafter in this section referred to as OMB Circular A-76). "(2) The Secretary of Defense may waive paragraph (1) in the case of any such logistics activity or function and provide that performance of such activity or function shall be considered for conversion to contractor performance in accordance with OMB Circular A-76. Any such waiver shall be made under regulations prescribed by the Secretary and shall be based on a determination by the Secretary that Government performance of the activity or function is no longer required for national defense reasons. Such regulations shall include criteria for determining whether Government performance of any such activity or function is no longer required for national defense reasons. "(3) A waiver under paragraph (2) may not take effect until— "(A) the Secretary submits a report on the waiver to the Committees on Armed Services and the Committee on Appropriations of the Senate and House of Representatives; and "(B) a period of 20 days of continuous session of Congress or 40 calendar days has passed after the receipt of the report by those committees. "(4) For purposes of paragraph (3)(B), the continuity of a session of Congress is broken only by an adjournment sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of such 20-day period.". (2) The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, of such title are amended by inserting after the item relating to chapter 145 the following new item: "146. Contracting for Performance of Civilian Commercial or Industrial Type Functions 2461". (b) TRANSFER OF SECTION.—(1) Section 2693 of title 10, United

States Code, is transferred to the end of chapter 146 of such title (as added by subsection (a)) and is redesignated as section 2465. (2) The table of sections at the beginning of chapter 159 of such title is amended by striking out the item relating to section 2693. (c) CONFORMING REPEALS.—The following provisions of laws are repealed: (1) Section 502 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2304 note). (2) Section 307 of the Department of Defense Authorization Act, 1985 (10 U.S.C. 2304 note). (3) Sections 1223 and 1224 of the Department of Defense Authorization Act, 1987 (10 U.S.C. 2304 note).

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