H. R. 1158—26 
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. 8027. For the purposes of this Act, the term ‘‘congressional 
defense committees’’ means the Armed Services Committee of the 
House of Representatives, the Armed Services Committee of the 
Senate, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives. 
SEC. 8028. During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and 
repair of aircraft, vehicles and vessels as well as the production 
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities 
and private firms: Provided, That the Senior Acquisition Executive 
of the military department or Defense Agency concerned, with power 
of delegation, 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. 8029. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a 
foreign country which is party to an agreement described in para-
graph (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 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 understanding, between the 
United States and a foreign country pursuant to which the Secretary 
of Defense has prospectively waived the Buy American Act for 
certain products in that country. 
(b) The Secretary of Defense shall submit to the Congress 
a report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2020. Such report shall separately 
indicate the dollar value of items for which the Buy American 
Act was waived pursuant to any agreement 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 American Act’’ 
means chapter 83 of title 41, United States Code. 
SEC. 8030. 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 section 2921(c)(2) of that Act. 
SEC. 8031. (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 Washington relocatable military housing units
H. R. 1158—27 
located at Grand Forks Air Force Base, Malmstrom Air Force Base, 
Mountain 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 subsection (a) in 
accordance with the request for such units that are submitted 
to the Secretary by the Operation Walking 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 resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting requests to the Secretary of the 
Air Force under subsection (b). 
(d) In this section, the term ‘‘Indian tribe’’ means any recognized 
Indian tribe included on the current list published by the Secretary 
of the Interior under section 104 of the Federally Recognized Indian 
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 
5131). 
SEC. 8032. During the current fiscal year, appropriations 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. 8033. None of the funds made available by this Act may 
be used to— 
(1) disestablish, or prepare to disestablish, a Senior Reserve 
Officers’ Training Corps program in accordance with Depart-
ment of Defense Instruction Number 1215.08, dated June 26, 
2006; or 
(2) close, downgrade from host to extension center, or place 
on probation a Senior Reserve Officers’ Training Corps program 
in accordance with the information paper of the Department 
of the Army titled ‘‘Army Senior Reserve Officer’s Training 
Corps (SROTC) Program Review and Criteria’’, dated January 
27, 2014. 
SEC. 8034. Amounts appropriated for ‘‘Procurement, Defense- 
Wide’’ in this Act may be used for the purchase of up to 24 new 
passenger carrying motor vehicles at a cost of not more than $47,000 
per vehicle for use by the Defense POW/MIA Accounting Agency 
in carrying out the responsibilities specified in section 1501 of 
title 10, United States Code, in the United States Indo-Pacific 
Command, notwithstanding price or other limitations applicable 
to the purchase of passenger carrying vehicles. 
SEC. 8035. Up to $14,000,000 of the funds appropriated under 
the heading ‘‘Operation and Maintenance, Navy’’ may be made 
available for the Asia Pacific Regional Initiative Program for the 
purpose of enabling the Pacific Command to execute Theater Secu-
rity Cooperation activities such as humanitarian assistance, and 
payment of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds made avail-
able 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
H. R. 1158—28 
is otherwise prohibited from receiving such type of assistance under 
any other provision of law. 
SEC. 8036. The Secretary of Defense shall issue regulations 
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, That such regulations shall direct that 
the prices of tobacco or tobacco-related products in overseas military 
retail outlets shall be within the range of prices established for 
military retail system stores located in the United States. 
SEC. 8037. (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 invest-
ment item for the purpose of acquiring a new inventory item for 
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense 
Working Capital Funds if such an item would not have been charge-
able 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 2021 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2021 Department 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 appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 2021 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. 8038. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain available 
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2021: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central 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 advanced research and develop-
ment acquisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of the National 
Security Act of 1947 (50 U.S.C. 3093) shall remain available until 
September 30, 2021. 
SEC. 8039. Of the funds appropriated to the Department of 
Defense under the heading ‘‘Operation and Maintenance, 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 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. 8040. (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
H. R. 1158—29 
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. 8041. (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 
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. 8042. (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