H. R. 3326—29 
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 America, the Secretary shall 
determine, in accordance with section 2410f of title 10, United 
States Code, whether the person should be debarred from con-
tracting with the Department of Defense. 
(c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending 
the appropriation, purchase only American-made equipment and 
products, provided that American-made equipment and products 
are cost-competitive, quality-competitive, and available in a timely 
fashion. 
SEC. 8039. None of the funds appropriated by this Act shall 
be available for a contract for studies, analysis, or consulting serv-
ices entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment 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 advantage of 
unique and significant industrial accomplishment by a specific 
concern, or to insure that a new product or idea of a specific 
concern is given financial support: Provided, That this limita-
tion 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. 8040. (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 remains at the location of that head-
quarters. 
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by- 
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate 
that the granting of the waiver will reduce the personnel require-
ments or the financial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the National 
Intelligence Program; or
H. R. 3326—30 
(2) an Army field operating agency established to eliminate, 
mitigate, or counter the effects of improvised explosive devices, 
and, as determined by the Secretary of the Army, other similar 
threats. 
SEC. 8041. The Secretary of Defense, notwithstanding any other 
provision of law, acting through the Office of Economic Adjustment 
of the Department of Defense, may use funds made available in 
this Act under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’ to make grants and supplement other Federal funds in 
accordance with the guidance provided in the explanatory statement 
regarding this Act. 
(RESCISSIONS) 
SEC. 8042. 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: 
‘‘Research, Development, Test and Evaluation, Navy, 2009/ 
2010’’, $20,000,000; 
‘‘Research, Development, Test and Evaluation, Air Force, 
2009/2010’’, $98,430,000; 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide, 2009/2010’’, $154,457,000; 
‘‘Procurement of Weapons and Tracked Combat Vehicles, 
Army, 2009/2011’’, $41,087,000; 
‘‘Other Procurement, Army, 2009/2011’’, $138,239,000; 
‘‘Other Procurement, Navy, 2009/2011’’, $84,844,000; 
‘‘Aircraft 
Procurement, 
Air 
Force, 
2009/2011’’, 
$628,900,000; 
‘‘Missile Procurement, Air Force, 2009/2011’’, $60,000,000; 
‘‘Other Procurement, Air Force, 2009/2011’’, $10,900,000; 
‘‘Procurement, Defense-Wide, 2009/2011’’, $5,200,000; and 
‘‘Procurement, Defense-Wide, 2008/2010’’, $2,000,000. 
SEC. 8043. None of the funds available in this Act may be 
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, Air National Guard, Army 
Reserve and Air Force Reserve for the purpose of applying any 
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are 
a direct result of a reduction in military force structure. 
SEC. 8044. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance 
to the Democratic People’s Republic of Korea unless specifically 
appropriated for that purpose. 
SEC. 8045. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant 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 counterintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the activities 
and programs included within the National Intelligence Program 
and the Military Intelligence Program: Provided, That nothing in 
this section authorizes deviation from established Reserve and 
National Guard personnel and training procedures.
H. R. 3326—31 
SEC. 8046. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical 
and medical support personnel assigned to military treatment facili-
ties below the September 30, 2003, level: Provided, That the Service 
Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population 
is declining in some catchment areas and civilian strength reduc-
tions may be consistent with responsible resource stewardship and 
capitation-based budgeting. 
SEC. 8047. (a) None of the funds available to the Department 
of Defense for any fiscal year for drug interdiction or counter- 
drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law. 
(b) None of the funds available to the Central Intelligence 
Agency for any fiscal year for drug interdiction and counter-drug 
activities may be transferred to any other department or agency 
of the United States except as specifically provided in an appropria-
tions law. 
SEC. 8048. None of the funds appropriated by this Act may 
be used for the procurement of ball and roller bearings other than 
those produced by a domestic source and of domestic origin: Pro-
vided, That the Secretary of the military department responsible 
for such procurement may waive this restriction on a case-by- 
case basis by certifying in writing to the Committees on Appropria-
tions 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 pur-
poses: Provided further, That this restriction shall not apply to 
the purchase of ‘‘commercial items’’, as defined by section 4(12) 
of the Office of Federal Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased as end 
items. 
SEC. 8049. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
congressional defense committees that such an acquisition must 
be made in order to acquire capability for national security purposes 
that is not available from United States manufacturers. 
SEC. 8050. 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 approves or implements the 
transfer of administrative responsibilities or budgetary resources 
of any program, project, or activity financed by this Act to the 
jurisdiction of another Federal agency not financed by this Act 
without the express authorization of Congress: Provided, That this 
limitation shall not apply to transfers of funds expressly provided 
for in Defense Appropriations Acts, or provisions of Acts providing 
supplemental appropriations for the Department of Defense. 
SEC. 8051. (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 expended to transfer to 
another nation or an international organization any defense articles 
or services (other than intelligence services) for use in the activities
H. R. 3326—32 
described in subsection (b) unless the congressional defense commit-
tees, 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-enforcement 
operation under the authority of chapter VI or chapter VII 
of the United Nations Charter under the authority of a United 
Nations Security Council resolution; and 
(2) any other international peacekeeping, peace-enforce-
ment, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the following— 
(1) A description of the equipment, supplies, or services 
to be transferred. 
(2) A statement of the value of the equipment, supplies, 
or services to be transferred. 
(3) In the case of a proposed transfer of equipment or 
supplies— 
(A) a statement of whether the inventory requirements 
of all elements of the Armed Forces (including the reserve 
components) for the type of equipment or supplies to be 
transferred have been met; and 
(B) a statement of whether the items proposed to be 
transferred will have to be replaced and, if so, how the 
President proposes to provide funds for such replacement. 
SEC. 8052. None of the funds available to the Department 
of Defense under this Act shall be obligated or expended to pay 
a contractor under a contract with the Department of Defense 
for costs of any amount paid by the contractor to an employee 
when— 
(1) such costs are for a bonus or otherwise in excess of 
the normal salary paid by the contractor to the employee; 
and 
(2) such bonus is part of restructuring costs associated 
with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8053. During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred 
to appropriations available for the pay of military personnel, to 
be merged with, and to be available for the same time period 
as the appropriations to which transferred, to be used in support 
of such personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense 
pursuant to section 2012 of title 10, United States Code. 
SEC. 8054. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the 
period of availability for obligation has expired or which has closed 
under the provisions of section 1552 of title 31, United States 
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be 
charged to any current appropriation account for the same purpose 
as the expired or closed account if—