H. R. 2561—31
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. 8054. 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 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. 8055. (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. 8056. Funds appropriated by this Act and in Public Law
105–277, or made available by the transfer of funds in this Act
and in Public Law 105–277 for intelligence activities are deemed
H. R. 2561—32
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 2000 until the enactment of the Intelligence Authoriza-
tion Act for Fiscal Year 2000.
SEC. 8057. 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,
Adak, Alaska, pursuant to 10 U.S.C. 2667(f ), for commercial, indus-
trial or other purposes: Provided, That notwithstanding any other
provision of law, the Secretary of the Navy may remove hazardous
materials from facilities, buildings, and structures at Adak, Alaska,
and may demolish or otherwise dispose of such facilities, buildings,
and structures: Provided further, That notwithstanding any other
provision of law, not more than $4,650,000 of the funds provided
under the heading ‘‘Operation and Maintenance, Army’’ in title
II of this Act shall be available to the Secretary of the Army,
acting through the Chief of Engineers, only for demolition and
removal of facilities, buildings, and structures formerly used as
a District Headquarters Office by the Corps of Engineers (Northwest
Division, CENWW, Washington State), as described in the study
conducted regarding the headquarters pursuant to the Energy and
Water Development Appropriations Act, 1992 (Public Law 102–
104; 105 Stat. 511).
(RESCISSIONS)
SEC. 8058. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded as
of the date of the enactment of this Act, from the following accounts
and programs in the specified amounts:
‘‘Other Procurement, Navy, 1998/2000’’, $2,167,000;
‘‘Aircraft Procurement, Air Force, 1998/2000’’, $15,800,000;
‘‘Other Procurement, Army, 1999/2001’’, $13,700,000;
‘‘Aircraft Procurement, Navy, 1999/2001’’, $41,500,000;
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1999/2003’’:
New Attack Submarine, $32,400,000;
CVN–69, $11,400,000;
‘‘Other Procurement, Navy, 1999/2001’’, $13,784,000;
‘‘Aircraft Procurement, Air Force, 1999/2001’’, $29,729,000;
‘‘Missile Procurement, Air Force, 1999/2001’’, $130,000,000;
‘‘Research, Development, Test and Evaluation, Army, 1999/
2000’’, $5,400,000;
‘‘Research, Development, Test and Evaluation, Navy, 1999/
2000’’, $14,900,000;
‘‘Research, Development, Test and Evaluation, Air Force,
1999/2000’’, $15,900,000; and
‘‘Research, Development, Test and Evaluation, Defense-
Wide, 1999/2000’’, $23,500,000.
SEC. 8059. 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. 8060. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
H. R. 2561—33
to the Democratic People’s Republic of North Korea unless specifi-
cally appropriated for that purpose.
SEC. 8061. 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. 8062. 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 or counterintelligence support to Unified Commands,
Defense Agencies and Joint Intelligence Activities, including the
activities and programs included within the National Foreign Intel-
ligence Program (NFIP), the Joint Military Intelligence Program
(JMIP), and the Tactical Intelligence and Related Activities (TIARA)
aggregate: Provided, That nothing in this section authorizes devi-
ation from established Reserve and National Guard personnel and
training procedures.
SEC. 8063. 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, 1999 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. 8064. (a) 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 $1,222,000,000.
(b) The Secretary shall, in conjunction with the Pentagon Ren-
ovation, design and construct secure secretarial offices and support
facilities and security-related changes to the subway entrance at
the Pentagon Reservation.
SEC. 8065. (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.
H. R. 2561—34
(TRANSFER OF FUNDS)
SEC. 8066. 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 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. 8067. 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. 8068. 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, and funds available
to the Department of Defense shall be made available to provide
transportation 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. 8069. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense 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 available from United States manufacturers.
SEC. 8070. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to participate
in any manufacturing extension program financed by funds appro-
priated in this or any other Act.
SEC. 8071. 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 (as defined in section 381(d) of title 10, United
States Code) which is not contiguous 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
purpose of performing that portion of the contract in such State
that is not contiguous with another State, individuals 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 Secretary of Defense may waive the require-
ments of this section, on a case-by-case basis, in the interest of
national security.
SEC. 8072. 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