H. R. 3547—108 
the gathering of information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and 
cost to complete estimates for mitigation, on Indian lands resulting 
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 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. 8036. 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. 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 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 the
H. R. 3547—109 
Senate that the granting of the waiver will reduce the personnel 
requirements or the financial requirements 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 improvised explosive devices, 
and, as determined by the Secretary of the Army, other similar 
threats; 
(3) an Army field operating agency established to improve 
the effectiveness and efficiencies of biometric activities and 
to integrate common biometric technologies throughout the 
Department of Defense; or 
(4) an Air Force field operating agency established to 
administer the Air Force Mortuary Affairs Program and Mor-
tuary Operations for the Department of Defense and authorized 
Federal entities. 
SEC. 8038. None of the funds appropriated in this Act may 
be obligated or expended by the Secretary of a military department 
in contravention of the provisions of section 352 of the National 
Defense Authorization Act for Fiscal Year 2014 to adopt any new 
camouflage pattern design or uniform fabric for any combat or 
camouflage utility uniform or family of uniforms for use by an 
Armed Force. 
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 performed by 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 
exceeds 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 
(3) the contractor does not receive an advantage for a 
proposal that would reduce costs for the Department of Defense 
by— 
(A) not making an employer-sponsored health insur-
ance 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 con-
tribute 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
H. R. 3547—110 
of title 10, United States Code, and notwithstanding any adminis-
trative regulation, requirement, or policy to the contrary shall have 
full authority to enter into a contract for the performance of any 
commercial or industrial type function of the Department of Defense 
that— 
(A) is included on the procurement list established 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 qualified nonprofit agency 
for other severely handicapped individuals in accordance with 
that Act; or 
(C) is planned to be converted to performance by a qualified 
firm under at least 51 percent ownership by an Indian tribe, 
as defined in section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native 
Hawaiian Organization, as defined in section 8(a)(15) of the 
Small Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot contracts or contracts 
for depot maintenance as provided in sections 2469 and 2474 of 
title 10, United States Code. 
(c) The conversion of any activity or function of the Department 
of Defense under the authority provided by this section shall be 
credited toward any competitive or outsourcing goal, target, or 
measurement that may be established by statute, regulation, or 
policy and is deemed to be awarded under the authority of, and 
in compliance with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of commercial activi-
ties. 
(RESCISSIONS) 
SEC. 8040. 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: 
‘‘National Defense Sealift Fund’’, 2011/XXXX, $10,000,000; 
‘‘Other Procurement, Army’’, 2012/2014, $40,000,000; 
‘‘Aircraft Procurement, Navy’’, 2012/2014, $10,000,000; 
‘‘Weapons Procurement, Navy’’, 2012/2014, $33,300,000; 
‘‘Other Procurement, Navy’’, 2012/2014, $266,486,000; 
‘‘Aircraft 
Procurement, 
Air 
Force’’, 
2012/2014, 
$449,735,000; 
‘‘Missile Procurement, Air Force’’, 2012/2014, $10,000,000; 
‘‘National Defense Sealift Fund’’, 2012/XXXX, $14,000,000; 
‘‘Defense Health Program’’, 2012/2014, $144,518,000; 
‘‘Cooperative 
Threat 
Reduction 
Account’’, 
2013/2015, 
$37,500,000; 
‘‘Other Procurement, Army’’, 2013/2015, $45,426,000; 
‘‘Aircraft Procurement, Navy’’, 2013/2015, $112,000,000; 
‘‘Weapons Procurement, Navy’’, 2013/2015, $5,000,000; 
‘‘Other Procurement, Navy’’, 2013/2015, $7,979,000; 
‘‘Procurement, Marine Corps’’, 2013/2015, $12,650,000; 
‘‘Aircraft 
Procurement, 
Air 
Force’’, 
2013/2015, 
$239,090,000; 
‘‘Missile Procurement, Air Force’’, 2013/2015, $55,000,000; 
‘‘Other Procurement, Air Force’’, 2013/2015, $44,900,000; 
‘‘Procurement, Defense-Wide’’, 2013/2015, $104,043,000;
H. R. 3547—111 
‘‘Research, Development, Test and Evaluation, Army’’, 
2013/2014, $46,100,000; 
‘‘Research, Development, Test and Evaluation, Navy’’, 2013/ 
2014, $59,257,000; 
‘‘Research, Development, Test and Evaluation, Air Force’’, 
2013/2014, $38,646,000; 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, 2013/2014, $15,000,000; 
‘‘Defense Health Program’’, 2013/2014, $998,000; and 
‘‘Defense Health Program’’, 2013/2015, $104,461,000. 
SEC. 8041. None of the funds available in this Act may be 
used to reduce the authorized positions for military technicians 
(dual status) 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 
reduction on military technicians (dual status), unless such reduc-
tions are a direct result of a reduction in military force structure. 
SEC. 8042. 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. 8043. 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. 
SEC. 8044. 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. 8045. (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. 8046. 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-