Sec. 8047. ### (a)
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## SEC. 8047 ###
(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 personnel-related costs for performance of that activity or function 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 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 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 of title 10, United States Code, and notwithstanding any administrative 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 activities. (rescissions)8048.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: * Provided*, That no amounts may be rescinded from amounts that were designated 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: “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; “Other Procurement, Navy”, 2020/2022, $3,500,000; “Aircraft Procurement, Air Force”, 2020/2022, $153,485,000; “Missile Procurement, Air Force”, 2020/2022, $40,000,000;136 STAT. 187 “Other Procurement, Air Force”, 2020/2022, $38,000,000; “Operation and Maintenance, Defense-Wide”, 2021/2022, $101,000,000; “Afghanistan Security Forces Fund”, 2021/2022, $700,000,000; “Counter-ISIS Train and Equip Fund”, 2021/2022, $250,000,000; “Aircraft Procurement, Army”, 2021/2023, $5,000,000; “Procurement of Weapons and Tracked Combat Vehicles, Army”, 2021/2023, $4,533,000; “Procurement of Ammunition, Army”, 2021/2023, $64,754,000; “Other Procurement, Army”, 2021/2023, $3,177,000; “Aircraft Procurement, Navy”, 2021/2023, $51,782,000; “Weapons Procurement, Navy”, 2021/2023, $37,035,000; “Procurement of Ammunition, Navy and Marine Corps”, 2021/2023, $5,194,000; “Shipbuilding and Conversion, Navy: DDG-51 Destroyer (AP)”, 2021/2025, $130,000,000; “Other Procurement, Navy”, 2021/2023, $49,325,000; “Procurement, Marine Corps”, 2021/2023, $80,109,000; “Aircraft Procurement, Air Force”, 2021/2023, $690,775,000; “Procurement, Space Force”, 2021/2023, $35,700,000; “Procurement of Ammunition, Air Force”, 2021/2023, $351,689,000; “Other Procurement, Air Force”, 2021/2023, $79,390,000; “Research, Development, Test and Evaluation, Army”, 2021/2022, $79,585,000; “Research, Development, Test and Evaluation, Navy”, 2021/2022, $68,022,000; “Research, Development, Test and Evaluation, Space Force”, 2021/2022, $120,500,000; “Research, Development, Test and Evaluation, Defense-Wide”, 2021/2022, $108,717,000; and “Defense Counterintelligence and Security Agency Working Capital Fund”, 2021/XXXX, $30,000,000.8049.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 reductions are a direct result of a reduction in military force structure.8050.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: * Provided*, That this restriction shall not apply to any activities incidental to the Defense POW/MIA Accounting Agency mission to recover and identify the remains of United States Armed Forces personnel from the Democratic People’s Republic of Korea.8051.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.8052.10 U.S.C. 274 note(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)50 U.S.C. 3506 noteNone of the funds available to the Central Intelligence Agency 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.8053.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 interest, the Secretary shall make grants in the amounts specified as follows: $24,000,000 to the United Service Organizations and $25,000,000 to the Red Cross.8054.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 department, 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 committees, concurrent with submission of the budget justification documents to Congress pursuant to section 1105 of title 31, United States Code, a report with a detailed accounting of the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides taken from programs, projects, or activities within such department, agency, or component during the most recently completed fiscal year.8055.None of the funds available to the Department 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 associated with a business combination.
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