Page:United States Statutes at Large Volume 102 Part 2.djvu/948

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1952

PUBLIC LAW 100-456—SEPT. 29, 1988 (b) WAIVER OF CIVIUAN PERSONNEL CEIUNGS.—Section 115(b)(2) of

title 10, United States Code, shall not apply with respect to fiscal years 1989 and 1990 or with respect to the appropriation of funds for that year. (c) SEMIANNUAL REPORTS.—The Secretary of Defense shall submit to the Cllommittees on Armed Services of the Senate and House of Representatives semiannual reports on the obligation of funds appropriated for civilian personnel of the Department of Defense for fiscal years 1989 and 1990. Each report shall include— (1) for each appropriation account, the amounts authorized and appropriated for such personnel for fiscal years 1989 and 1990; and (2) for each appropriation account and for the entire Department— (A) the actual number of such personnel employed, and the amount of funds obligated for such personnel, as of the end of each six-month period described in the report; and (B) the projected number of such personnel to be employed, and amount of funds that will be obligated for such personnel, as of the end of each of fiscal years 1989 and 1990. SEC. 318. LIMITATION ON OPERATION OF EXISTING POSEIDON CLASS SUBMARINES U.S.S. JAMES MONROE AND U.S.S. HENRY CLAY

Effective as of September 1, 1989, no funds appropriated to the Department of Defense for fiscal year 1989 or a prior year may be obligated or expended— (1) to overhaul, operate, or deploy the U.S.S. Henry Clay (SSBN 625), except that such funds may be obligated or expended after such date for the operation of such vessel (A) for crew training in port, and (B) for a short underway trial before such vessel proceeds to the inactivating port; or (2) to overhaul, operate, maintain, or deploy the U.S.S. James Monroe (SSBN 622). PART C—PERMANENT LAW CHANGES Contracts.

SEC. 321. LIMITATION ON PRIVATE OPERATION OF COMMISSARY STORES

Section 2482 of title 10, United States Code, is amended by adding at the end the following new sentences: "A contract with a private person for the operation of any commissary store may not require or permit the contractor to carry out functions for the procurement of products to be sold in the store or to engage in functions relating to the overall management of a commissary system or the management of any such store. Such functions shall be carried out by personnel of the Department of Defense under regulations approved by the Secretary of Defense.". SEC. 322. ALLOWABLE COSTS WITH RESPECT TO CERTAIN SERVICE CONTRACTS PERFORMED OVERSEAS (a)

CERTAIN SEVERANCE PAY COSTS NOT ALLOWABLE.—Section

2324(e)(l) of title 10, United States Code, is amended by adding at the end the following new subparagraph: "(M) Costs of severance pay paid by the contractor to foreign nationals employed by the contractor under a service contract performed outside the United States, to the extent that the amount of severance pay paid in any case exceeds the amount