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SEC. 844. COMPLIANCE WITH DEFENSE PROCUREMENT RE-
QUIREMENTS FOR PURPOSES OF INTERNAL 
CONTROLS OF NON-DEFENSE AGENCIES FOR 
PROCUREMENTS ON BEHALF OF THE DE-
PARTMENT OF DEFENSE. 
Section 801(d) of the National Defense Authorization 
Act for Fiscal Year 2008 (10 U.S.C. 2304 note) is amended 
by striking ‘‘with the requirements’’ and all that follows 
and inserting ‘‘with the following: 
‘‘(1) The Federal Acquisition Regulation and 
other laws and regulations that apply to procure-
ments of property and services by Federal agencies. 
‘‘(2) Laws and regulations (including applicable 
Department of Defense financial management regula-
tions) that apply to procurements of property and 
services made by the Department of Defense through 
other Federal agencies.’’. 
SEC. 845. PROHIBITION ON COLLECTION OF POLITICAL IN-
FORMATION. 
(a) IN GENERAL.—Chapter 137 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 2335. Prohibition on collection of political informa-
tion 
‘‘(a) PROHIBITION ON REQUIRING SUBMISSION OF PO-
LITICAL INFORMATION.—The head of an agency may not
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require a contractor to submit political information related 
to the contractor or a subcontractor at any tier, or any 
partner, officer, director, or employee of the contractor or 
subcontractor— 
‘‘(1) as part of a solicitation, request for bid, re-
quest for proposal, or any other form of communica-
tion designed to solicit offers in connection with the 
award of a contract for procurement of property or 
services; 
‘‘(2) during the course of contract performance 
as part of the process associated with modifying a 
contract or exercising a contract option; or 
‘‘(3) any time prior to contract completion and 
final contract closeout. 
‘‘(b) SCOPE.—The prohibition under this section ap-
plies to the procurement of commercial items, the procure-
ment of commercial-off-the-shelf-items, and the non-com-
mercial procurement of supplies, property, services, and 
manufactured items, irrespective of contract vehicle, includ-
ing contracts, purchase orders, task or deliver orders under 
indefinite delivery/indefinite quantity contracts, blanket 
purchase agreements, and basic ordering agreements. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as—
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‘‘(1) waiving, superseding, restricting, or lim-
iting the application of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 431 et seq.) or pre-
venting Federal regulatory or law enforcement agen-
cies from collecting or receiving information author-
ized by law; or 
‘‘(2) precluding the Defense Contract Audit 
Agency from accessing and reviewing certain infor-
mation, including political information, for the pur-
pose of identifying unallowable costs and admin-
istering cost principles established pursuant to section 
2324 of this title. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CONTRACTOR.—The term ‘contractor’ in-
cludes contractors, bidders, and offerors, and individ-
uals and legal entities who would reasonably be ex-
pected to submit offers or bids for Federal Govern-
ment contracts. 
‘‘(2) POLITICAL INFORMATION.—The term ‘polit-
ical information’ means information relating to polit-
ical spending, including any payment consisting of a 
contribution, expenditure, independent expenditure, 
or disbursement for an electioneering communication 
that is made by the contractor, any of its partners, 
officers, directors or employees, or any of its affiliates
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or subsidiaries to a candidate or on behalf of a can-
didate for election for Federal office, to a political 
committee, to a political party, to a third party enti-
ty with the intention or reasonable expectation that 
it would use the payment to make independent ex-
penditures or electioneering communications, or that 
is otherwise made with respect to any election for 
Federal office, party affiliation, and voting history. 
Each of the terms ‘contribution’, ‘expenditure’, ‘inde-
pendent expenditure’, ‘candidate’, ‘election’, ‘election-
eering communication’, and ‘Federal office’ has the 
meaning given the term in the Federal Campaign Act 
of 1971 (2 U.S.C. 431 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 137 of such title is amended by 
inserting after the item relating to section 2334 the fol-
lowing new item: 
‘‘2335. Prohibition on collection of political information.’’. 
SEC. 846. WAIVER OF ‘‘BUY AMERICAN’’ REQUIREMENT FOR 
PROCUREMENT 
OF 
COMPONENTS 
OTHER-
WISE PRODUCIBLE OVERSEAS WITH SPE-
CIALTY 
METAL 
NOT 
PRODUCED 
IN 
THE 
UNITED STATES. 
Section 2533b of title 10, United States Code, is 
amended—
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(1) by redesignating subsections (l) and (m) as 
subsections (m) and (n), respectively; and 
(2) by inserting after subsection (k) the following 
new subsection (l): 
‘‘(l) ADDITIONAL WAIVER AUTHORITY.—(1) The Sec-
retary of Defense may waive the requirement of subsection 
(a) with regard to the procurement of a component con-
taining specialty metal if the Secretary determines that, in 
the absence of the waiver, the component will be produced 
overseas and will contain specialty metal not melted or pro-
duced in the United States. 
‘‘(2) The Secretary shall establish a process to review 
petitions for waivers under this subsection by interested 
persons. The process shall include an opportunity for com-
ment by persons engaged in melting or producing specialty 
metals in the United States. 
‘‘(3) The authority to grant a waiver under paragraph 
(1) may be delegated to any civilian official in the Depart-
ment of Defense or a military department who is appointed 
by the President, by and with the advice and consent of 
the Senate.’’.
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SEC. 847. COMPTROLLER GENERAL OF THE UNITED STATES 
REPORTS ON NONCOMPETITIVE AND ONE- 
OFFER CONTRACTS AWARDED BY THE DE-
PARTMENT OF DEFENSE. 
(a) REPORTS REQUIRED.—Not later than March 31 
of each of 2013, 2014, and 2015, the Comptroller General 
of the United States shall submit to the Committees on 
Armed Services of the Senate and the House of Representa-
tives a report setting forth a review and assessment by the 
Comptroller General of the noncompetitive contracts and 
one-offer contracts awarded by the Department of Defense 
during the preceding fiscal year. 
(b) ELEMENTS.—Each report under subsection (a) 
shall include the following: 
(1) The number of noncompetitive contracts 
awarded by the Department of Defense during the fis-
cal year covered by such report, and the percentage of 
such number to the total number of contracts awarded 
by the Department during such fiscal year. 
(2) A description of the competition exceptions 
that served as the basis for the award of such non-
competitive contracts. 
(3) An assessment of the adequacy of the jus-
tification and approvals issued under section 2304(f) 
of title 10, United States Code, in support of such 
noncompetitive contracts.