PROHIBITION ON PAYMENT OF SEVERANCE PAY TO FOREIGN NATIONALS IN THE EVENT OF CERTAIN BASE CLOSURES

SEC. 311. PROHIBITION ON PAYMENT OF SEVERANCE PAY TO FOREIGN NATIONALS IN THE EVENT OF CERTAIN BASE CLOSURES (a) Certain Severance Pay Costs Not Allowable Costs With Respect to Service Contracts Performed Outside the United States.—(1) Subsection (e)(1) of section 2324 of title 10, United States Code, is amended— (A) by redesignating subparagraph (N) as subparagraph (O); and (B) by inserting after subparagraph (M) the following new subparagraph (N): “(N) Costs of severance pay paid by the contractor to a foreign national employed by the contractor under a service contract performed in a foreign country if the termination of the employment of the foreign national is the result of the closing of, or the curtailment of activities at, a United States military facility in that country at the request of the government of that country.”. (2) Subparagraph (N) of such subsection, as added by paragraph (1), shall not apply with respect to the termination of the employment of a foreign national employed under any covered contract (as defined in subsection (1) of such section) if such termination is the result of the closing of, or the curtailment of activities at, a United States military facility in a foreign country pursuant to an agreement entered into with the government of that country before the date of the enactment of this Act. (b) Prohibition on Payment of Severance Pay to Foreign Nationals Employed by the Department of Defense.—(1) Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section: “§ 1592. Prohibition on payment of severance pay to foreign nationals in the event of certain overseas base closures “Funds available to the Department of Defense may not be used to pay severance pay to a foreign national employed by the Department of Defense under a contract performed in a foreign country if 103 STAT. 1412the termination of the employment of the foreign national is the result of the closing of, or the curtailment of activities at, a United States military facility in that country at the request of the government of that country.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “1592. Prohibition on payment of severance pay to foreign nationals in the event of certain overseas base closures.”. (3) (A) Section 1592 of title 10, United States Code, as added by paragraph (1), shall take effect on the date of the enactment of this Act. (B) Such section shall not apply with respect to the closing of, or the curtailment of activities at, a United States military facility in a foreign country pursuant to an agreement entered into with the government of that country before the date of the enactment of this Act. (c) Sense of Congress.—It is the sense of Congress that— (1) in the event a United States military facility located in a foreign country is closed (or activities at the facility are curtailed) at the request of the government of that country, such government should be responsible for the payment of severance pay to foreign nationals in the country whose employment by the United States or by a contractor under a contract with the United States is terminated as a result of the closure or curtailment; and (2) in negotiating a status-of-forces agreement or other country-to-country agreement with the government of a foreign country, the President should endeavor to include in the agreement a provision that would require the government of that country to pay severance pay to foreign nationals in that country whose employment is terminated as a result of the closing of, or the curtailment of activities at, a United States military facility in that country, if the closing or curtailment is at the request of the government of that country.