in America, the Secretary shall determine, in accordance
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with
the Department of Defense.
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is
the sense of the Congress that any entity of the Depart-
ment 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. 8053. None of the funds appropriated by this
Act shall be available for a contract for studies, analysis,
or consulting services entered into without competition on
the basis of an unsolicited proposal unless the head of the
activity responsible for the procurement 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 sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a
new product or idea of a specific concern is given fi-
nancial support: Provided, That this limitation shall
not apply to contracts in an amount of less than
$25,000, contracts related to improvements of equip-
ment that is in development or production, or con-
tracts as to which a civilian official of the Depart-
ment 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. 8054. (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 Senate that the granting
of the waiver will reduce the personnel requirements 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. 8055. 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 prop-
erty at Naval Air Facility, Adak, Alaska, pursuant to 10
U.S.C. 2667(f), for commercial, industrial or other pur-
poses.
(RESCISSIONS)
SEC. 8056. Of the funds provided in Department of
Defense Appropriations Acts, the following funds are here-
by rescinded from the following accounts in the specified
amounts:
‘‘Missile 
Procurement, 
Army, 
1998/2000’’,
$13,300,000;
‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army, 1998/2000’’, $6,700,000;
‘‘Other 
Procurement, 
Army, 
1998/2000’’,
$24,000,000;
‘‘Weapons Procurement, Navy, 1998/2000’’,
$2,000,000;
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 1998/2000’’, $12,000,000;
‘‘Other 
Procurement, 
Navy, 
1998/2000’’,
$28,500,000;
‘‘Aircraft Procurement, Air Force, 1998/2000’’,
$15,000,000;
‘‘Missile Procurement, Air Force, 1998/2000’’,
$19,840,000;
‘‘Other Procurement, Air Force, 1998/2000’’,
$4,160,000;
‘‘Research, Development, Test and Evaluation,
Army, 1998/1999’’, $18,000,000;
‘‘Research, Development, Test and Evaluation,
Navy, 1998/1999’’, $17,500,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 1998/1999’’, $34,370,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 1998/1999’’, $73,000,000.
SEC. 8057. None of the funds available in this Act
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard,
the Air National Guard, Army Reserve and Air Force Re-
serve for the purpose of applying any administratively im-
posed civilian personnel ceiling, freeze, or reduction on
military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8058. 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 North Korea unless specifically appropriated for that
purpose.
SEC. 8059. During the current fiscal year, funds ap-
propriated in this Act are available to compensate mem-
bers of the National Guard for duty performed pursuant
to a plan submitted by a Governor of a State and approved
by the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the perform-
ance of such duty, the members of the National Guard
shall be under State command and control: Provided fur-
ther, 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. 8060. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Uni-
fied and Specified 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 intel-
ligence or counterintelligence support to Unified Com-
mands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the
National Foreign Intelligence Program (NFIP), the Joint
Military Intelligence Program (JMIP), and the Tactical
Intelligence and Related Activities (TIARA) aggregate:
Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel
and training procedures.
SEC. 8061. 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 as-
signed to military treatment facilities below the September
30, 1998 level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength
reductions may be consistent with responsible resource
stewardship and capitation-based budgeting.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8062. None of the funds appropriated in this
Act may be transferred to or obligated from the Pentagon
Reservation Maintenance Revolving Fund, unless the Sec-
retary of Defense certifies that the total cost for the plan-
ning, design, construction and installation of equipment
for the renovation of the Pentagon Reservation will not
exceed $1,118,000,000.
SEC. 8063. (a) None of the funds available to the
Department of Defense for any fiscal year for drug inter-
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
and counter-drug activities may be transferred to any
other department or agency of the United States except
as specifically provided in an appropriations law.
(TRANSFER OF FUNDS)
SEC. 8064. Appropriations available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for increasing energy and water efficiency in Federal
buildings may, during their period of availability, be trans-
ferred 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 pe-
riod, as the appropriation or fund to which transferred.
SEC. 8065. 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: Provided, That the Secretary of
the military department responsible for such procurement
may waive this restriction on a case-by-case basis by cer-
tifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire ca-
pability for national security purposes.
SEC. 8066. 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 notwithstanding 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 non-
reimbursable basis, to the Indian Health Service when it
is in conjunction with a civil-military project.
SEC. 8067. None of the funds in this Act may be
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees
that such an acquisition must be made in order to acquire
capability for national security purposes that is not avail-
able from United States manufacturers.
SEC. 8068. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eli-
gible to participate in any manufacturing extension pro-
gram financed by funds appropriated in this or any other
Act.
SEC. 8069. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
during the current fiscal year for construction or service
performed in whole or in part in a State which is not con-
tiguous with another State and has an unemployment rate
in excess of the national average rate of unemployment
as determined by the Secretary of Labor, shall include a
provision requiring the contractor to employ, for the pur-
pose of performing that portion of the contract in such
State that is not contiguous with another State, individ-
uals who are residents of such State and who, in the case
of any craft or trade, possess or would be able to acquire
promptly the necessary skills: Provided, That the Sec-
retary of Defense may waive the requirements of this sec-
tion, on a case-by-case basis, in the interest of national
security.
SEC. 8070. During the current fiscal year, the Army
shall use the former George Air Force Base as the airhead
for the National Training Center at Fort Irwin: Provided,
That none of the funds in this Act shall be obligated or
expended to transport Army personnel into Edwards Air
Force Base for training rotations at the National Training
Center.
SEC. 8071. (a) The Secretary of Defense shall sub-
mit, on a quarterly basis, a report to the congressional
defense committees, the Committee on International Rela-
tions of the House of Representatives and the Committee
on Foreign Relations of the Senate setting forth all costs
(including incremental costs) incurred by the Department
of Defense during the preceding quarter in implementing
or supporting resolutions of the United Nations Security
Council, including any such resolution calling for inter-
national sanctions, international peacekeeping operations,
and humanitarian missions undertaken by the Depart-
ment of Defense. The quarterly report shall include an ag-
gregate of all such Department of Defense costs by oper-
ation or mission.
(b) The Secretary of Defense shall detail in the quar-
terly reports all efforts made to seek credit against past
United Nations expenditures and all efforts made to seek
compensation from the United Nations for costs incurred
by the Department of Defense in implementing and sup-
porting United Nations activities.
SEC. 8072. (a) LIMITATION ON TRANSFER OF DE-
FENSE ARTICLES AND SERVICES.—Notwithstanding any
other provision of law, none of the funds available to the
Department of Defense for the current fiscal year may be
obligated or expended to transfer to another nation or an
international organization any defense articles or services
(other than intelligence services) for use in the activities
described in subsection (b) unless the congressional de-
fense committees, the Committee on International Rela-
tions of the House of Representatives, and the Committee
on Foreign Relations of the Senate are notified 15 days
in advance of such transfer.
(b) COVERED ACTIVITIES.—This section applies to—
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter
VI or chapter VII of the United Nations Charter
under the authority of a United Nations Security
Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) REQUIRED NOTICE.—A notice under subsection
(a) shall include the following:
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equip-
ment or supplies—
(A) a statement of whether the inventory
requirements of all elements of the Armed
Forces (including the reserve components) for
the type of equipment or supplies to be trans-
ferred have been met; and
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced
and, if so, how the President proposes to pro-
vide funds for such replacement.
SEC. 8073. None of the funds available to the De-
partment of Defense shall be obligated or expended to
make a financial contribution to the United Nations for
the cost of an United Nations peacekeeping activity
(whether pursuant to assessment or a voluntary contribu-
tion) or for payment of any United States arrearage to
the United Nations.
SEC. 8074. 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.
SEC. 8075. (a) None of the funds appropriated or
otherwise made available in this Act may be used to trans-
port or provide for the transportation of chemical muni-
tions or agents to the Johnston Atoll for the purpose of
storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply
to any obsolete World War II chemical munition or agent
of the United States found in the World War II Pacific
Theater of Operations.
(c) The President may suspend the application of
subsection (a) during a period of war in which the United
States is a party.
SEC. 8076. None of the funds provided in title II of
this Act for ‘‘Former Soviet Union Threat Reduction’’
may be obligated or expended to finance housing for any
individual who was a member of the military forces of the
Soviet Union or for any individual who is or was a member
of the military forces of the Russian Federation.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8077. During the current fiscal year, no more
than $7,000,000 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 avail-
able for the same time period as the appropriations to
which transferred, to be used in support of such personnel
in connection with support and services for eligible organi-
zations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8078. For purposes of section 1553(b) of title
31, United States Code, any subdivision of appropriations
made in this Act under the heading ‘‘Shipbuilding and
Conversion, Navy’’ shall be considered to be for the same
purpose as any subdivision under the heading ‘‘Shipbuild-
ing and Conversion, Navy’’ appropriations in any prior
year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
SEC. 8079. During the current fiscal year, in the case
of an appropriation account of the Department of Defense
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section
1552 of title 31, United States Code, and which has a
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged
to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of avail-
ability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of
the Department of Defense; and
(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation
of the Department of Defense under the provisions
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall
be reversed and recorded against the expired ac-
count: Provided further, That the total amount
charged to a current appropriation under this sec-
tion may not exceed an amount equal to 1 percent
of the total appropriation for that account.
SEC. 8080. The Under Secretary of Defense (Comp-
troller) shall submit to the congressional defense commit-
tees by February 1, 1999 a detailed report identifying, by
amount and by separate budget activity, activity group,
subactivity group, line item, program element, program,
project, subproject, and activity, any activity for which the
fiscal year 2000 budget request was reduced because Con-
gress appropriated funds above the President’s budget re-
quest for that specific activity for fiscal year 1999.
SEC. 8081. Funds appropriated in title II of this Act
for supervision and administration costs for facilities
maintenance and repair, minor construction, or design
projects may be obligated at the time the reimbursable
order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and ad-
ministration costs includes all in-house Government cost.
SEC. 8082. The Secretary of Defense may waive re-
imbursement of the cost of conferences, seminars, courses
of instruction, or similar educational activities of the Asia-
Pacific Center for Security Studies for military officers
and civilian officials of foreign nations if the Secretary de-
termines that attendance by such personnel, without reim-
bursement, is in the national security interest of the
United States: Provided, That costs for which reimburse-
ment is waived pursuant to this subsection shall be paid
from appropriations available for the Asia-Pacific Center.
SEC. 8083. (a) Notwithstanding any other provision
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for
such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Dis-
tance Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
SEC. 8084. Using funds available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United
States Code, may implement cost-effective agreements for
required 
heating 
facility 
modernization 
in 
the
Kaiserslautern Military Community in the Federal Repub-
lic of Germany: Provided, That in the City of
Kaiserslautern such agreements will include the use of
United States anthracite as the base load energy for mu-
nicipal district heat to the United States Defense installa-
tions: Provided further, That at Landstuhl Army Regional
Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal serv-
ices, if provisions are included for the consideration of
United States coal as an energy source.
SEC. 8085. During the current fiscal year, the
amounts which are necessary for the operation and main-
tenance of the Fisher Houses administered by the Depart-
ments of the Army, the Navy, and the Air Force are here-
by appropriated, to be derived from amounts which are
available in the applicable Fisher House trust fund estab-
lished under 10 U.S.C. 2221 for the Fisher Houses of
each such department.
SEC. 8086. During the current fiscal year and here-
after, refunds attributable to the use of the Government
travel card by military personnel and civilian employees
of the Department of Defense and refunds attributable to
official Government travel arranged by Government Con-
tracted Travel Management Centers may be credited to
operation and maintenance accounts of the Department
of Defense which are current when the refunds are re-
ceived.
SEC. 8087. During the current fiscal year, not more
than a total of $60,000,000 in withdrawal credits may be
made by the Marine Corps Supply Management activity
group of the Navy Working Capital Fund, Department of
Defense Working Capital Funds, to the credit of current
110
national security system in the event of a year 2000
problem in any such system.
(f) CAPABILITY CONTINGENCY PLANS.—Not later
than December 30, 1998, the Secretary of Defense shall
have in place contingency plans to ensure continuity of
operations for every critical mission or function of the De-
partment of Defense that is dependent on an information
technology or national security system.
(g) INSPECTOR GENERAL EVALUATION.—The In-
spector General of the Department of Defense shall selec-
tively audit information technology and national security
systems certified as year 2000 compliant to evaluate the
ability of systems to successfully operate during the actual
year 2000, including the ability of the systems to access
and transmit information from point of origin to point of
termination.
(h) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘information technology’’ has the
meaning given that term in section 5002 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
(2) The term ‘‘national security system’’ has
the meaning given that term in section 5142 of such
Act (40 U.S.C. 1452).
(3) The term ‘‘development or modernization’’
has the meaning given that term in paragraph E of