H. R. 2266—30
area or category of the Department of Defense Working Capital
Funds.
SEC. 8053. None of the funds provided in this Act and hereafter
shall be available for use by a military department to modify
an aircraft, weapon, ship or other item of equipment, that the
military department concerned plans to retire or otherwise dispose
of within 5 years after completion of the modification: Provided,
That this prohibition shall not apply to safety modifications: Pro-
vided further, That this prohibition may be waived by the Secretary
of a military department if the Secretary determines it is in the
best national security interest of the United States to provide
such waiver and so notifies the congressional defense committees
in writing.
SEC. 8054. 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, 1999.
SEC. 8055. 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. 8056. Of the funds appropriated by the Department of
Defense under the heading ‘‘OPERATION
AND
MAINTENANCE,
DEFENSE-WIDE’’, not less than $8,000,000 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. 8057. Amounts collected for the use of the facilities of
the National Science Center for Communications and Electronics
during the current fiscal year pursuant to section 1459(g) of the
Department of Defense Authorization Act, 1986, and deposited to
the special account established under subsection 1459(g)(2) of that
Act are appropriated and shall be available until expended for
the operation and maintenance of the Center as provided for in
subsection 1459(g)(2).
SEC. 8058. None of the funds appropriated in this Act may
be used to fill the commander’s position at any military medical
facility with a health care professional unless the prospective can-
didate can demonstrate professional administrative skills.
SEC. 8059. (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
H. R. 2266—31
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from contract-
ing 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. 8060. 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;
or
(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 limitation 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 confirmed by the Senate, determines that the award
of such contract is in the interest of the national defense.
SEC. 8061. (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 Senate
that the granting of the waiver will reduce the personnel require-
ments or the financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
SEC. 8062. Funds appropriated by this Act for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 1998 until the enactment of
the Intelligence Authorization Act for Fiscal Year 1998.
SEC. 8063. Notwithstanding section 303 of Public Law 96–
487 or any other provision of law, the Secretary of the Navy is
authorized to lease real and personal property at Naval Air Facility,
H. R. 2266—32
Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, indus-
trial or other purposes.
(RESCISSIONS)
SEC. 8064. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts in the specified amounts:
‘‘Shipbuilding 
and 
Conversion, 
Navy, 
1996/2000’’,
$35,600,000;
‘‘Other Procurement, Navy, 1996/1998’’, $3,300,000;
‘‘Aircraft Procurement, Army, 1997/1999’’, $5,000,000;
‘‘Procurement 
of 
Ammunition, 
Army, 
1997/1999’’,
$5,000,000;
‘‘Other Procurement, Army, 1997/1999’’, $6,000,000;
‘‘Other Procurement, Navy, 1997/1999’’, $2,200,000;
‘‘Aircraft Procurement, Navy, 1997/1999’’, $24,000,000;
‘‘Research, Development, Test and Evaluation, Army, 1997/
1998’’, $6,000,000;
‘‘Research, Development, Test and Evaluation, Navy, 1997/
1998’’, $40,000,000;
‘‘Research, Development, Test and Evaluation, Air Force,
1997/1998’’, $25,000,000; and
‘‘Research, Development, Test and Evaluation, Defense-
Wide, 1997/1998’’, $24,000,000.
SEC. 8065. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, the Air National Guard, Army
Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8066. 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 North Korea unless specifi-
cally appropriated for that purpose.
SEC. 8067. During the current fiscal year, funds appropriated
in this Act are available to compensate members of the National
Guard for duty performed pursuant to a plan submitted by a Gov-
ernor of a State and approved by the Secretary of Defense under
section 112 of title 32, United States Code: Provided, That during
the performance of such duty, the members of the National Guard
shall be under State command and control: Provided further, That
such duty shall be treated as full-time National Guard duty for
purposes of sections 12602(a)(2) and (b)(2) of title 10, United States
Code.
SEC. 8068. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Unified and Specified
Commands and Defense Agencies shall be available for reimburse-
ment 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 support to Unified Commands, Defense Agencies and
Joint Intelligence Activities, including the activities and programs
included within the General Defense Intelligence Program and the
Consolidated Cryptologic Program: Provided, That nothing in this
section authorizes deviation from established Reserve and National
Guard personnel and training procedures.
H. R. 2266—33
SEC. 8069. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical
and medical support personnel assigned to military treatment facili-
ties below the September 30, 1997 level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength reduc-
tions may be consistent with responsible resource stewardship and
capitation-based budgeting.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8070. None of the funds appropriated in this Act may
be transferred to or obligated from the Pentagon Reservation
Maintenance Revolving Fund, unless the Secretary of Defense cer-
tifies that the total cost for the planning, design, construction
and installation of equipment for the renovation of the Pentagon
Reservation will not exceed $1,118,000,000.
SEC. 8071. (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) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropria-
tions law.
(TRANSFER OF FUNDS)
SEC. 8072. Appropriations available in this Act under the head-
ing ‘‘OPERATION AND MAINTENANCE, DEFENSE-WIDE’’ for increasing
energy and water efficiency in Federal buildings may, during their
period of availability, be transferred to other appropriations or
funds of the Department of Defense for projects related to increasing
energy and water efficiency, to be merged with and to be available
for the same general purposes, and for the same time period,
as the appropriation or fund to which transferred.
SEC. 8073. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Pro-
vided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security pur-
poses.
SEC. 8074. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available
to provide transportation of medical supplies and equipment, on
a nonreimbursable basis, to American Samoa: Provided, That not-
withstanding any other provision of law, funds available to the
Department of Defense shall be made available to provide transpor-
tation of medical supplies and equipment, on a nonreimbursable