12 2 STA T .36 23 PUBLIC LA W 11 0– 32 9— S E PT. 30 , 200 8byPu b licLaw9 9 –23 9
- Provide
d fu r th er ,Th a t u pon a de te rm ination by the S ecretary o f the A rmy that s uch action is beneficial for g raduate medical education programs conducted at Army medical facilities located in H awaii, the Secretary of the Army may authori z e the pro v ision of medical services at such facilities and transpor - tation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the C ommonwealth of the N orthern M ariana I slands, the Marshall Islands, the F ederated States of Micronesia, Palau, and G uam . S EC . 801 3. ( a )D uring fiscal year 2009, the civilian personnel of the Department of Defense may not be managed on the basis of any end-strength, and the management of such personnel during that fiscal year shall not be sub j ect to any constraint or limitation ( k nown as an end-strength) on the number of such personnel who may be employed on the last day of such fiscal year. (b) The fiscal year 2010 budget re q uest for the Department of Defense as well as all justification material and other documenta- tion supporting the fiscal year 2010 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to fiscal year 2010. (c) Nothing in this section shall be construed to apply to military (civilian) technicians. SEC. 801 4 . None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress. SEC. 801 5 . None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army participating as a full-time student and receiving benefits paid by the Secretary of V eterans Affairs from the Department of Defense E ducation B enefits Fund when time spent as a full- time student is credited toward completion of a service commitment: Provided, That this section shall not apply to those members who have reenlisted with this option prior to O ctober 1, 198 7
- Provided
further, That this section applies only to active components of the Army. SEC. 801 6 . (a) None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by more than 10 Department of Defense civilian employees unless — (1) the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function
(2) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or e x ceeds the lesser of— (A) 10 percent of the most efficient organization ’ s per- sonnel-related costs for performance of that activity or func- tion by Federal employees; or (B) $ 10,000,000; and Contrac t s.Ou tsourc i n g . Ap p l ica b ilit y . L obbying.
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