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Defense unless the entity, in expending the funds, complies 
with the Buy American Act. For purposes of this subsection, 
the term ‘‘Buy American Act’’ means title III of the Act 
entitled ‘‘An Act making appropriations for the Treasury 
and Post Office Departments for the fiscal year ending June 
30, 1934, and for other purposes’’, approved March 3, 1933 
(41 U.S.C. 10a et seq.). 
(b) If the Secretary of Defense determines that a person 
has been convicted of intentionally affixing a label bearing 
a ‘‘Made in America’’ inscription to any product sold in 
or shipped to the United States that is not made in Amer-
ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment of Defense. 
(c) In the case of any equipment or products purchased 
with appropriations provided under this Act, it is the sense 
of the Congress that any entity of the Department of De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-made equipment and products are cost-competitive, 
quality-competitive, and available in a timely fashion. 
SEC. 8046. None of the funds appropriated by this Act 
shall be available for a contract for studies, analysis, or 
consulting services entered into without competition on the
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basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform the 
proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant scientific 
or technological promise, represents the product of 
original thinking, and was submitted in confidence 
by one source; or 
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new 
product or idea of a specific concern is given finan-
cial support: Provided, That this limitation shall not 
apply to contracts in an amount of less than 
$25,000,000, contracts related to improvements of 
equipment that is in development or production, or 
contracts as to which a civilian official of the Depart-
ment of Defense, who has been confirmed by the Sen-
ate, determines that the award of such contract is in 
the interest of the national defense. 
SEC. 8047. (a) Except as provided in subsection (b) 
and (c), none of the funds made available by this Act may 
be used—
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(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the department 
who is transferred or reassigned from a headquarters 
activity if the member or employee’s place of duty re-
mains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), 
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of 
Representatives and Senate that the granting of the waiver 
will reduce the personnel requirements or the financial re-
quirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; or 
(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of impro-
vised explosive devices, and, as determined by the Sec-
retary of the Army, other similar threats. 
SEC. 8048. Up to $3,000,000 of the funds appropriated 
in Title II of this Act under the heading, ‘‘Operation and 
Maintenance, Army’’, may be made available to contract 
with the Army Historical Foundation, a non profit organi-
zation, for services required to solicit non-Federal donations
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to support construction and operation of the National Mu-
seum of the United States Army at Fort Belvoir, Virginia: 
Provided, That notwithstanding any other provision of law, 
the Army is authorized to receive future payments in this 
or the subsequent fiscal year from any non-profit organiza-
tion chartered to support the National Museum of the 
United States Army to reimburse amounts expended by the 
Army pursuant to this section: Provided further, That any 
reimbursements received pursuant to this section shall be 
merged with ‘‘Operation and Maintenance, Army’’ and 
shall be made available for the same purposes and for the 
same time period as that appropriation account. 
(RESCISSIONS) 
SEC. 8049. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and programs 
in the specified amounts: 
‘‘Other 
Procurement, 
Army, 
2005/2007’’, 
$68,500,000; 
‘‘Aircraft 
Procurement, 
Navy, 
2005/2007’’, 
$104,800,000; 
‘‘Shipbuilding and Conversion, Navy, 2005/ 
2009’’, $67,300,000; 
‘‘Other 
Procurement, 
Navy, 
2005/2007’’, 
$43,000,000;
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‘‘Aircraft Procurement, Air Force, 2004/2006’’, 
$4,000,000; 
‘‘Aircraft Procurement, Air Force, 2005/2007’’, 
$20,000,000; 
‘‘Missile Procurement, Air Force, 2005/2007’’, 
$29,000,000; 
‘‘Research, Development, Test and Evaluation, 
Army, 2005/2006’’, $25,900,000; 
‘‘Research, Development, Test and Evaluation, 
Navy, 2005/2006’’, $70,900,000; and 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2005/2006’’, $63,400,000. 
SEC. 8050. None of the funds available in this Act may 
be used to reduce the authorized positions for military (ci-
vilian) technicians of the Army National Guard, the Air 
National Guard, Army Reserve and Air Force Reserve for 
the purpose of applying any administratively imposed ci-
vilian personnel ceiling, freeze, or reduction on military (ci-
vilian) technicians, unless such reductions are a direct re-
sult of a reduction in military force structure. 
SEC. 8051. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of North Korea unless specifically appropriated for that 
purpose.
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SEC. 8052. During the current fiscal year and here-
after, funds appropriated in this Act are available to com-
pensate members of the National Guard for duty performed 
pursuant to a plan submitted by a Governor of a State and 
approved by the Secretary of Defense under section 112 of 
title 32, United States Code: Provided, That during the per-
formance of such duty, the members of the National Guard 
shall be under State command and control: Provided fur-
ther, That such duty shall be treated as full-time National 
Guard duty for purposes of sections 12602(a)(2) and (b)(2) 
of title 10, United States Code. 
SEC. 8053. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the ac-
tivities and programs included within the National Intel-
ligence Program (NIP), the Joint Military Intelligence Pro-
gram (JMIP), and the Tactical Intelligence and Related Ac-
tivities (TIARA) aggregate: Provided, That nothing in this