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in whole or in part, by any subcontractor or supplier de-
fined in section 1544 of title 25, United States Code, or 
a small business owned and controlled by an individual or 
individuals defined under section 4221(9) of title 25, 
United States Code. 
SEC. 8020. Funds appropriated by this Act for the De-
fense Media Activity shall not be used for any national or 
international political or psychological activities. 
SEC. 8021. During the current fiscal year, the Depart-
ment of Defense is authorized to incur obligations of not 
to exceed $350,000,000 for purposes specified in section 
2350j(c) of title 10, United States Code, in anticipation of 
receipt of contributions, only from the Government of Ku-
wait, under that section: Provided, That upon receipt, such 
contributions from the Government of Kuwait shall be cred-
ited to the appropriations or fund which incurred such obli-
gations. 
SEC. 8022. (a) Of the funds made available in this 
Act, not less than $38,634,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $28,404,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil 
Air Patrol Corporation operation and maintenance, 
readiness, counterdrug activities, and drug demand 
reduction activities involving youth programs; 
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(2) $9,298,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $932,000 shall be available from ‘‘Other Pro-
curement, Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8023. (a) None of the funds appropriated in this 
Act are available to establish a new Department of Defense 
(department) federally funded research and development 
center (FFRDC), either as a new entity, or as a separate 
entity administrated by an organization managing another 
FFRDC, or as a nonprofit membership corporation con-
sisting of a consortium of other FFRDCs and other non-
profit entities. 
(b) No member of a Board of Directors, Trustees, Over-
seers, Advisory Group, Special Issues Panel, Visiting Com-
mittee, or any similar entity of a defense FFRDC, and no 
paid consultant to any defense FFRDC, except when acting 
in a technical advisory capacity, may be compensated for 
his or her services as a member of such entity, or as a paid 
consultant by more than one FFRDC in a fiscal year: Pro-
vided, That a member of any such entity referred to pre-
viously in this subsection shall be allowed travel expenses 
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and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of member-
ship duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during fiscal year 2013 may be used by a defense FFRDC, 
through a fee or other payment mechanism, for construction 
of new buildings, for payment of cost sharing for projects 
funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to in-
clude employee participation in community service and/or 
development. 
(d) Notwithstanding any other provision of law, of the 
funds available to the department during fiscal year 2013, 
not more than 5,750 staff years of technical effort (staff 
years) may be funded for defense FFRDCs: Provided; That 
of the specific amount referred to previously in this sub-
section, not more than 1,125 staff years may be funded for 
the defense studies and analysis FFRDCs: Provided further, 
That this subsection shall not apply to staff years funded 
in the National Intelligence Program (NIP) and the Mili-
tary Intelligence Program (MIP). 
(e) The Secretary of Defense shall, with the submission 
of the department’s fiscal year 2014 budget request, submit 
a report presenting the specific amounts of staff years of 
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technical effort to be allocated for each defense FFRDC dur-
ing that fiscal year and the associated budget estimates. 
SEC. 8024. None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy, 
or armor steel plate for use in any Government-owned facil-
ity or property under the control of the Department of De-
fense which were not melted and rolled in the United States 
or Canada: Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, 
American Society of Testing and Materials (ASTM) or 
American Iron and Steel Institute (AISI) specifications of 
carbon, alloy or armor steel plate: Provided further, That 
the Secretary of the military department responsible for the 
procurement may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appro-
priations of the House of Representatives and the Senate 
that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and 
that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, 
That these restrictions shall not apply to contracts which 
are in being as of the date of the enactment of this Act. 
SEC. 8025. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services 
Committee of the House of Representatives, the Armed Serv-
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ices Committee of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the Senate, and the 
Subcommittee on Defense of the Committee on Appropria-
tions of the House of Representatives. 
SEC. 8026. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well 
as the production of components and other Defense-related 
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of del-
egation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and 
private bids: Provided further, That Office of Management 
and Budget Circular A–76 shall not apply to competitions 
conducted under this section. 
SEC. 8027. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of 
products produced in the United States that are covered by 
the agreement, the Secretary of Defense shall rescind the 
Secretary’s blanket waiver of the Buy American Act with 
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respect to such types of products produced in that foreign 
country. 
(2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country 
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense pur-
chases from foreign entities in fiscal year 2013. Such report 
shall separately indicate the dollar value of items for which 
the Buy American Act was waived pursuant to any agree-
ment described in subsection (a)(2), the Trade Agreement 
Act of 1979 (19 U.S.C. 2501 et seq.), or any international 
agreement to which the United States is a party. 
(c) For purposes of this section, the term ‘‘Buy Amer-
ican Act’’ means chapter 83 of title 41, United States Code. 
SEC. 8028. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by section 
2921(c)(1) of the National Defense Authorization Act of 
1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 
available until expended for the payments specified by sec-
tion 2921(c)(2) of that Act. 
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SEC. 8029. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian 
tribes located in the States of Nevada, Idaho, North Dakota, 
South Dakota, Montana, Oregon, Minnesota, and Wash-
ington relocatable military housing units located at Grand 
Forks Air Force Base, Malmstrom Air Force Base, Moun-
tain Home Air Force Base, Ellsworth Air Force Base, and 
Minot Air Force Base that are excess to the needs of the 
Air Force. 
(b) The Secretary of the Air Force shall convey, at no 
cost to the Air Force, military housing units under sub-
section (a) in accordance with the request for such units 
that are submitted to the Secretary by the Operation Walk-
ing Shield Program on behalf of Indian tribes located in 
the States of Nevada, Idaho, North Dakota, South Dakota, 
Montana, Oregon, Minnesota, and Washington. Any such 
conveyance shall be subject to the condition that the housing 
units shall be removed within a reasonable period of time, 
as determined by the Secretary. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for hous-
ing units under subsection (a) before submitting requests 
to the Secretary of the Air Force under subsection (b). 
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(d) In this section, the term ‘‘Indian tribe’’ means any 
recognized Indian tribe included on the current list pub-
lished by the Secretary of the Interior under section 104 
of the Federally Recognized Indian Tribe Act of 1994 (Pub-
lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). 
SEC. 8030. During the current fiscal year, appropria-
tions which are available to the Department of Defense for 
operation and maintenance may be used to purchase items 
having an investment item unit cost of not more than 
$250,000. 
SEC. 8031. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the pur-
chase of an investment item for the purpose of acquiring 
a new inventory item for sale or anticipated sale during 
the current fiscal year or a subsequent fiscal year to cus-
tomers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable to 
the Department of Defense Business Operations Fund dur-
ing fiscal year 1994 and if the purchase of such an invest-
ment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense 
for procurement. 
(b) The fiscal year 2014 budget request for the Depart-
ment of Defense as well as all justification material and 
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other documentation supporting the fiscal year 2014 De-
partment of Defense budget shall be prepared and submitted 
to the Congress on the basis that any equipment which was 
classified as an end item and funded in a procurement ap-
propriation contained in this Act shall be budgeted for in 
a proposed fiscal year 2014 procurement appropriation and 
not in the supply management business area or any other 
area or category of the Department of Defense Working 
Capital Funds. 
SEC. 8032. None of the funds appropriated by this Act 
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year, 
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30, 
2014: Provided, That funds appropriated, transferred, or 
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any 
prior or subsequent fiscal year shall remain available until 
expended: Provided further, That any funds appropriated 
or transferred to the Central Intelligence Agency for ad-
vanced research and development acquisition, for agent op-
erations, and for covert action programs authorized by the 
President under section 503 of the National Security Act 
of 1947, as amended, shall remain available until Sep-
tember 30, 2014. 
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SEC. 8033. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and 
deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands, 
and the component commands. 
SEC. 8034. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, not less than $12,000,000 shall be 
made available only for the mitigation of environmental 
impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities. 
SEC. 8035. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
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 chapter 83 of title 
41, United States Code. 
(b) If the Secretary of Defense determines that a person 
has been convicted of intentionally affixing a label bearing 
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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. 8036. 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 
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 
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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, 
contracts related to improvements of equipment that 
is in development or production, or contracts as to 
which a civilian official of the Department of Defense, 
who has been confirmed by the Senate, determines 
that the award of such contract is in the interest of 
the national defense. 
SEC. 8037. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(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), 
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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; 
(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; or 
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of biomet-
ric activities and to integrate common biometric tech-
nologies throughout the Department of Defense. 
SEC. 8038. None of the funds made available in this 
Act may be used to approve or license the sale of the F– 
22A advanced tactical fighter to any foreign government: 
Provided, That the Department of Defense may conduct or 
participate in studies, research, design and other activities 
to define and develop a future export version of the F–22A 
that protects classified and sensitive information, tech-
nologies and U.S. warfighting capabilities. 
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SEC. 8039. (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 per-
formed by Department of Defense civilian employees un-
less— 
(1) the conversion is based on the result of a pub-
lic-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 solici-
tation 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 
exceeds the lesser of— 
(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advantage 
for a proposal that would reduce costs for the Depart-
ment of Defense by— 
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(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the premium 
or subscription share than the amount that is 
paid by the Department of Defense for health 
benefits for civilian employees under chapter 89 
of title 5, United States Code. 
(b)(1) The Department of Defense, without regard to 
subsection (a) of this section or subsection (a), (b), or (c) 
of section 2461 of title 10, United States Code, and notwith-
standing any administrative regulation, requirement, or 
policy to the contrary shall have full authority to enter into 
a contract for the performance of any commercial or indus-
trial type function of the Department of Defense that— 
(A) is included on the procurement list estab-
lished pursuant to section 2 of the Javits-Wagner- 
O’Day Act (section 8503 of title 41, United States 
Code); 
(B) is planned to be converted to performance by 
a qualified nonprofit agency for the blind or by a 
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SEC. 8048. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative respon-
sibilities or budgetary resources of any program, project, 
or activity financed by this Act to the jurisdiction of an-
other Federal agency not financed by this Act without the 
express authorization of Congress: Provided, That this limi-
tation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of 
Acts providing supplemental appropriations for the De-
partment of Defense. 
SEC. 8049. (a) Notwithstanding any other provision 
of law, none of the funds available to the Department of 
Defense for the current fiscal year may be obligated or ex-
pended to transfer to another nation or an international 
organization any defense articles or services (other than in-
telligence services) for use in the activities described in sub-
section (b) unless the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representa-
tives, and the Committee on Foreign Relations of the Senate 
are notified 15 days in advance of such transfer. 
(b) This section applies to— 
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter VI 
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