international agreement to which the United States is a 
party. 
(c) For purposes of this section, the term ‘‘Buy 
American Act’’ means chapter 83 of title 41, United 
States Code. 
SEC. 8032. 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: Provided, That the Secretary of 
the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that 
such an acquisition must be made in order to acquire ca-
pability for national security purposes: Provided further, 
That this restriction shall not apply to the purchase of 
‘‘commercial products’’, as defined by section 103 of title 
41, United States Code, except that the restriction shall 
apply to ball or roller bearings purchased as end items. 
SEC. 8033. None of the funds in this Act may be 
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees 
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that such an acquisition must be made in order to acquire 
capability for national security purposes that is not avail-
able from United States manufacturers. 
SEC. 8034. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign 
country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under 
section 4851 of title 10, United States Code, and the 
country does not discriminate against the same or similar 
defense items produced in the United States for that coun-
try. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on 
or after the date of the enactment of this Act; and 
(2) options for the procurement of items that 
are exercised after such date under contracts that 
are entered into before such date if the option prices 
are adjusted for any reason other than the applica-
tion of a waiver granted under subsection (a). 
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(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by 
section XI (chapters 50–65) of the Harmonized Tariff 
Schedule of the United States and products classified 
under headings 4010, 4202, 4203, 6401 through 6406, 
6505, 7019, 7218 through 7229, 7304.41 through 
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 
8211, 8215, and 9404. 
SEC. 8035. None of the funds appropriated or other-
wise made available by this Act may be used for the pur-
chase or manufacture of a flag of the United States unless 
such flags are treated as covered items under section 
4862(b) of title 10, United States Code. 
SEC. 8036. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account shall be available 
until expended for the payments specified by section 
2687a(b)(2) of title 10, United States Code. 
SEC. 8037. 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 $350,000: Provided, That upon determination by the 
Secretary of Defense that such action is necessary to meet 
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the operational requirements of a Commander of a Com-
batant Command engaged in a named contingency oper-
ation overseas, such funds may be used to purchase items 
having an investment item unit cost of not more than 
$500,000. 
SEC. 8038. Up to $8,132,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific Re-
gional Initiative Program for the purpose of enabling the 
United States Indo-Pacific Command to execute Theater 
Security Cooperation activities such as humanitarian as-
sistance, and payment of incremental and personnel costs 
of training and exercising with foreign security forces: 
Provided, That funds made available for this purpose may 
be used, notwithstanding any other funding authorities for 
humanitarian assistance, security assistance or combined 
exercise expenses: Provided further, That funds may not 
be obligated to provide assistance to any foreign country 
that is otherwise prohibited from receiving such type of 
assistance under any other provision of law. 
SEC. 8039. The Secretary of Defense shall issue reg-
ulations to prohibit the sale of any tobacco or tobacco- 
related products in military resale outlets in the United 
States, its territories and possessions at a price below the 
most competitive price in the local community: Provided, 
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That such regulations shall direct that the prices of to-
bacco or tobacco-related products in overseas military re-
tail outlets shall be within the range of prices established 
for military retail system stores located in the United 
States. 
SEC. 8040. (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 
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to 
customers 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 
during fiscal year 1994 and if the purchase of such an 
investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of 
Defense for procurement. 
(b) The fiscal year 2026 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2026 
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be 
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