SEC. 8045. (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 depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place 
of duty remains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection 
(a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the 
House of Representatives and the Senate that the grant-
ing 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 im-
provised 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 bio-
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metric activities and to integrate common biometric 
technologies throughout the Department of Defense; 
or 
(4) an Air Force field operating agency estab-
lished to administer the Air Force Mortuary Affairs 
Program and Mortuary Operations for the Depart-
ment of Defense and authorized Federal entities. 
SEC. 8046. (a) None of the funds appropriated by 
this Act shall be available to convert to contractor per-
formance an activity or function of the Department of De-
fense that, on or after the date of the enactment of this 
Act, is performed by Department of Defense civilian em-
ployees unless— 
(1) the conversion is based on the result of a 
public-private competition that includes a most effi-
cient and cost effective organization plan developed 
by such activity or function; 
(2) the Competitive Sourcing Official deter-
mines that, over all performance periods stated in 
the solicitation of offers for performance of the ac-
tivity or function, the cost of performance of the ac-
tivity or function by a contractor would be less costly 
to the Department of Defense by an amount that 
equals or exceeds the lesser of— 
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(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advan-
tage for a proposal that would reduce costs for the 
Department of Defense by— 
(A) not making an employer-sponsored 
health insurance 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 contribute less towards the pre-
mium 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 of title 10, United States Code, and 
notwithstanding any administrative regulation, require-
ment, or policy to the contrary shall have full authority 
to enter into a contract for the performance of any com-
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mercial or industrial type function of the Department of 
Defense that— 
(A) is included on the procurement list estab-
lished 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 handi-
capped individuals in accordance with that Act; or 
(C) is planned to be converted to performance 
by a qualified firm under at least 51 percent owner-
ship by an Indian tribe, as defined in section 4(e) 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b(e)), or a Native Ha-
waiian 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 con-
tracts or contracts for depot maintenance as pro-
vided 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 es-
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tablished 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 com-
mercial activities. 
(RESCISSIONS) 
SEC. 8047. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: Provided, That no 
amounts may be rescinded from amounts that were des-
ignated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the 
Balanced Budget and Emergency Deficit Control Act of 
1985: 
‘‘Shipbuilding and Conversion, Navy: Expedi-
tionary Fast Transport’’, 2015/2023, $4,300,000; 
‘‘Missile 
Procurement, 
Army’’, 
2020/2022, 
$6,953,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army’’, 2020/2022, $4,500,000; 
‘‘Other 
Procurement, 
Army’’, 
2020/2022, 
$13,000,000; 
‘‘Aircraft Procurement, Air Force’’, 2020/2022, 
$47,000,000; 
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‘‘Missile Procurement, Air Force’’, 2020/2022, 
$40,000,000; 
‘‘Other Procurement, Air Force’’, 2020/2022, 
$38,000,000; 
‘‘Operation and Maintenance, Defense-Wide’’, 
2021/2022, $161,000,000; 
‘‘Afghanistan Security Forces Fund’’, 2021/ 
2022, $200,000,000; 
‘‘Counter-ISIS Train and Equip Fund’’, 2021/ 
2022, $200,000,000; 
‘‘Aircraft Procurement, Army’’, 2021/2023, 
$5,000,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army’’, 2021/2023, $4,533,000; 
‘‘Other 
Procurement, 
Army’’, 
2021/2023, 
$3,177,000; 
‘‘Aircraft Procurement, Navy’’, 2021/2023, 
$15,210,000; 
‘‘Weapons Procurement, Navy’’, 2021/2023, 
$87,035,000; 
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps’’, 2021/2023, $5,194,000; 
‘‘Other 
Procurement, 
Navy’’, 
2021/2023, 
$64,325,000; 
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‘‘Aircraft Procurement, Air Force’’, 2021/2023, 
$97,700,000; 
‘‘Procurement of Ammunition, Air Force’’, 
2021/2023, $351,689,000; 
‘‘Other Procurement, Air Force’’, 2021/2023, 
$95,000,000; 
‘‘Research, Development, Test and Evaluation, 
Army’’, 2021/2022, $50,216,000; 
‘‘Research, Development, Test and Evaluation, 
Navy’’, 2021/2022, $16,522,000; 
‘‘Research, Development, Test and Evaluation, 
Space Force’’, 2021/2022, $94,600,000; and 
‘‘Defense 
Counterintelligence 
and 
Security 
Agency Working Capital Fund’’, 2021/XXXX, 
$30,000,000. 
SEC. 8048. None of the funds available in this Act 
may be used to reduce the authorized positions for mili-
tary 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 reductions 
are a direct result of a reduction in military force struc-
ture. 
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SEC. 8049. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose: 
Provided, That this restriction shall not apply to any ac-
tivities incidental to the Defense POW/MIA Accounting 
Agency mission to recover and identify the remains of 
United States Armed Forces personnel from the Demo-
cratic People’s Republic of Korea. 
SEC. 8050. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant 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 coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the 
activities and programs included within the National Intel-
ligence 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. 8051. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug inter-
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diction or counter-drug activities may be transferred to 
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction or 
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law. 
SEC. 8052. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$49,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, the Secretary shall make grants in the amounts speci-
fied as follows: $24,000,000 to the United Service Organi-
zations and $25,000,000 to the Red Cross. 
SEC. 8053. Notwithstanding any other provision in 
this Act, the Small Business Innovation Research program 
and the Small Business Technology Transfer program set- 
asides shall be taken proportionally from all programs, 
projects, or activities to the extent they contribute to the 
extramural budget. The Secretary of each military depart-
ment, the Director of each Defense Agency, and the head 
of each other relevant component of the Department of 
Defense shall submit to the congressional defense commit-
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tees, concurrent with submission of the budget justifica-
tion documents to Congress pursuant to section 1105 of 
title 31, United States Code, a report with a detailed ac-
counting of the Small Business Innovation Research pro-
gram and the Small Business Technology Transfer pro-
gram set-asides taken from programs, projects, or activi-
ties within such department, agency, or component during 
the most recently completed fiscal year. 
SEC. 8054. None of the funds available to the De-
partment 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 as-
sociated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8055. 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 
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