118 STAT. 980 PUBLIC LAW 108–287—AUG. 5, 2004 SEC. 8043. Notwithstanding any other provision of law, funds made available in this Act for the Defense Intelligence Agency may be used for the design, development, and deployment of Gen eral Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands. SEC. 8044. Of the funds appropriated to the Department of Defense under the heading ‘‘Operation and Maintenance, Defense Wide’’, not less than $10,000,000 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. 8045. (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 Act. For purposes of this subsection, the term ‘‘Buy American Act’’ means title III of the Act entitled ‘‘An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes’’, approved March 3, 1933 (41 U.S.C. 10a et seq.). (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. 8046. None of the funds appropriated by this Act shall be available for a contract for studies, analysis, or consulting serv ices entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procure ment determines— (1) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work; (2) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source; or (3) the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support: Provided, That this limita tion shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been
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