PUBLIC LAW 101-165—NOV. 21, 1989 103 STAT. 1137 SEC. 9036. None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or func- tion of the Department of Defense that, on or after the date of enactment of this Act, is performed by more than ten Department of Defense civilian employees until a most efficient and cost-effective organization analysis is completed on such activity or function and certification of the analysis is made to the Committees on Appro- priations of the House of Representatives and the Senate: Provided, That this section shall not apply to a commercial or industrial type function of the Department of Defense that: (1) is included on the procurement list established pursuant to section 2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly referred to as the Wagner O'Day Act; (2) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualitied nonprofit agency for other severely handicapped individuals in accordance with that Act; or (3) is planned to be converted to performance by a qualified firm under 51 percent Native American ownership. SEC. 9037. None of the funds appropriated in this Act to the Department of the Army may be obligated for procurement of 120mm mortars or 120nmi mortar ammunition manufactured out- side of the United States: Provided, That this limitation shall not apply to procurement of such mortars or ammunition required for testing, evaluation, type classification or equipping the Army's Ninth Infantry Division (Motorized). SEC. 9038. During the current fiscal year and hereafter, appropria- tions made available to the Department of Defense may be used at sites formerly used by the Department of Defense for removal of unsafe buildings or debris of the Department of Defense: Provided, That such removal must be completed before the property is re- leased from Federal Government control, other than property con- veyed to State or local government entities or native corporations. SEC. 9039. None of the funds appropriated in this Act to the Department of the Army may be obligated for depot maintenance of equipment unless such funds provide for civilian personnel strengths at the Army depots performing communications-elec- tronics depot maintenance at an amount above the strengths as- signed to those depots on September 30, 1985: Provided, TTiat the forgoing limitation shall not apply to civilian personnel who per- form caretaker-type functions at these installations: Provided fur- ther. That nothing in this provision shall cause undue reductions of other Army depots, as determined by the Secretary of the Army. SEC. 9040. None of the funds appropriated or made available by this Act may be obligated for acquisition of major automated information systems which have not successfully completed over- sight reviews required by Defense Department regulations: Pro- vided, That none of the funds appropriated or made available by this Act may be obligated on Composite Health Care System acquisition contracts if such contracts would cause the total life cycle cost estimate of $1,100,000,000 expressed in fiscal year 1986 constant dollars to be exceeded. SEC. 9041. None of the funds provided by this Act may be used to pay the salaries of any person or persons who authorize the transfer of unobligated and deobligated appropriations into the Reserve for Contingencies of the Central Intelligence Agency. SEC. 9042. Funds appropriated by this Act for construction projects of the CJentral Intelligence Agency, which are transferred to Blind persons. Handicapped persons. Indians. 10 USC 2701 note. Real property. State and local governments. Corporations.
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