Page:United States Statutes at Large Volume 106 Part 3.djvu/765

 PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2559 (b) REVISION OF RULES CONCERNING SEVERANCE PAY FOR FOR- EIGN NATIONALS. —Section 2324(e) of title 10, United States Code, is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph (3): n[3XA) Pursuant to re^zulations prescribed by the Secretary and subject to the availabuity of appropriations, the head of an agency awarding a covered contract (other than a contract to which paragraph (2) applies) may waive the application of the provisions of paragraphs (IXM) and (IXN) to that contract if the head of the agenc>[ determines that— "(i) the application of such provisions to the contract would adversely affect the continuation of a program, project, or activity that provides significant support services for members of the armed forces stationed or deployed outside the United States; "(ii) the contractor has taken (or has established plans to take) appropriate actions within the contractor's control to minimize the amount and number of incidents of the payment of severance pay by the contractor to employees under the contract who are foreign nationals; and "(iii) the payment of severance pay is necessary in order to comply with a law that is generally applicable to a significant number of businesses in the country in which the foreign national receiving the payment performed services under the contract or is necessary to comply with a collective bargaining a^'eement. "(B) The head of an agency shall include in the solicitation for a covered contract a statement indicating— "(i) that a waiver has been granted under subparagraph (A) for the contract; or "(ii) whether the head of the agency will consider granting such a waiver, and, if the agency head will consider granting a waiver, the criteria to be used in granting the waiver. "(C) The head of an agency shall make the final determination regarding whether to grant a waiver under subparagraph (A) with respect to a covered contract before award of the contract.". (c) APPLICABILITY.— The amendments made by subsection (b) lo use 2324 apply to covered contracts (as defined in section 2324 of title 10, "°^' United States Code) that are in effect or are entered into on or after October 1, 1991, for costs incurred on or after October 1, 1991. SEC. 1SS3. EXTENSION OF OVERSEAS WORKLOAD PROGRAM. Section 1465(b) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stet. 1700; 10 U.S.C. 2341 note) is amended by striking out '^scal year 1991 or 1992" and inserting in lieu thereof '^scal year 1991, 1992, or 1993". Subtitle G—Other Matters SEC. 1361. STUDY OF PROVIDING FORWARD PRESENCE OF NAVAL FORCES DURING PEACETIME. (a) ANALYSIS REQUIRED.— The Secretary of Defense shall conduct an analysis of options for providing forward presence of naval

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