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which there is a shortage of suitable housing for members
and their dependents.
‘‘(b) TERM.—Subject to section 2873(d)(2) of this
title, a contract entered into under this subchapter may
be for such term as the Secretary concerned considers to
be in the best interests of the United States.
‘‘(c) PHASED OCCUPANCY.—A contract under this
subchapter may provide for phased occupancy of com-
pleted family housing units under one or more interim
leases during the period of the construction or renovation
of the housing units. In no case shall any such interim
lease extend beyond the construction or renovation period.
‘‘(d) UNIT SIZE AND TYPE.—Section 2826 of this
title shall not apply to military family housing units ac-
quired or constructed under this subchapter, except that
room and floor area size of such housing units should gen-
erally be comparable to private sector housing available
in the same locality. When acquiring existing family hous-
ing in lieu of construction under section 2824 of this title,
the Secretary concerned may vary the number of types of
units to be acquired as long as the total number of units
is substantially the same as authorized by law.
‘‘(e) LOCATION.—The Secretary concerned may use
the authorities provided under this subchapter to acquire
or construct military family housing units and ancillary
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supporting facilities in the United States, the Common-
wealth of Puerto Rico, and in any territory or possession
of the United States.
‘‘(f) NOTIFICATION REQUIRED FOR CONTRACTS.—
The Secretary concerned may not enter into a contract
under this subchapter until after the end of the 21-day
period beginning on the date the Secretary concerned sub-
mits to the appropriate committees of Congress written
notice of the nature and terms of the contract.
‘‘(g) ASSIGNMENTS.—The Secretary concerned may
assign members of the armed forces to any military family
housing obtained using the authorities provided in this
subchapter in accordance with section 403(b) of title 37.
‘‘(h) ALLOTMENTS.—The Secretary concerned may
require a member of the armed forces to pay rent by allot-
ment as a condition of occupying military family housing
obtained using the authorities provided in this subchapter.
‘‘(i) SUPPORTING FACILITIES.—Any contract entered
into under this subchapter may include provisions for the
construction or acquisition of ancillary supporting facili-
ties.
‘‘(j) AUTHORITY TO LEASE OR SELL LAND, HOUS-
ING, AND SUPPORTING FACILITIES.—(1) The Secretary
concerned may lease or sell land, housing, and ancillary
supporting facilities under the jurisdiction of the Secretary
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for the purpose of providing additional military family
housing or improving existing military family housing
under this subchapter, except that the authority to lease
or sell real property under this subchapter shall not extend
to property located at a military installation approved for
closure.
‘‘(2) A sale or lease under this subsection may be
made for such consideration and upon such terms and
conditions as the Secretary concerned shall determine to
be consistent with the purposes of this subchapter and the
public interest. The acreage and legal description of any
property leased or conveyed under this subsection shall be
determined by a survey satisfactory to the Secretary con-
cerned.
‘‘(3) Section 2667 of this title, the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 471),
section 501 of the Stewart B. McKinney Homeless Assist-
ance Act (42 U.S.C. 11411), and section 321 of the Act
of June 30, 1932 (47 Stat. 412) shall not apply to leases
and sales under this subsection.
‘‘(4) As part or all of the consideration for the sale
or lease of property under this subsection, the Secretary
concerned shall require an ancillary agreement under
which the person receiving the property agrees to give pri-
ority to military members and their dependents in the
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leasing of existing or new housing units under the control
or provided by the person. Such agreements may provide
for the payment by the Secretary concerned of security
or damage deposits.
‘‘§ 2873. Department of Defense Family Housing Im-
provement Fund
‘‘(a) ESTABLISHMENT.—There is hereby established
on the books of the Treasury an account to be known as
the Department of Defense Family Housing Improvement
Fund, which shall be administered by the Secretary of De-
fense as a single account. Amounts in the Fund shall be
available without fiscal year limitation.
‘‘(b) DEPOSITS.—There shall be deposited into the
Fund the following:
‘‘(1) Amounts authorized for and appropriated
into the Fund.
‘‘(2) Subject to subsection (c), any amounts
that the Secretary of Defense may transfer to the
Fund from amounts appropriated to the Department
of Defense for construction of military family hous-
ing.
‘‘(3) Proceeds received from the conveyance or
lease of real property under section 2872(j) of this
title, income from operations conducted under this
subchapter, including refunds of deposits, and any
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return of capital or return on investments entered
into under this subchapter.
‘‘(c) NOTIFICATION REQUIRED FOR TRANSFERS.—A
transfer of appropriated amounts to the Fund under sub-
section (b)(2) may be made only after the end of the 30-
day period beginning on the date the Secretary of Defense
submits written notice of, and justification for, the trans-
fer to the appropriate committees of Congress.
‘‘(d) USE OF FUNDS.—(1) In such total amount as
is provided in advance in appropriation Acts, the Secretary
of Defense may use amounts in the Fund for alternative
means of financing military family housing and ancillary
supporting facilities as authorized in this subchapter.
‘‘(2) The Secretary may not enter into a contract
under this subchapter unless the Fund contains sufficient
amounts, as of the time the contract is entered into, to
satisfy the total obligations to be incurred by the United
States under the contract.
‘‘(3) The total value in budget authority of all con-
tracts and investments undertaken using the authorities
provided 
in 
the 
subchapter 
shall 
not 
exceed
$1,000,000,000.
‘‘(e) LOANS AND LOAN GUARANTEES.—Loans and
loan guarantees may be entered into under this subchapter
only to the extent that appropriations of budget authority
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to cover their costs (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)))
are made in advance, or authority is otherwise provided
in appropriations Acts.
‘‘(f) ANNUAL REPORT.—The Secretary of Defense
shall submit to the appropriate committees of Congress
an annual report detailing the expenditures from and de-
posits into the Fund during the preceding year and the
utilization and effectiveness of the authorities provided by
this subchapter. The Secretary shall submit the report at
the same time that the President submits the budget to
Congress under section 1105 of title 31.
‘‘§ 2875. Housing finance and acquisition authorities
‘‘(a) GUARANTEES.—(1) The Secretary concerned
may enter into contracts that provide for guarantees, in-
surance, or other contingent payments to owners, mortga-
gors, or assignees of housing units and ancillary support-
ing facilities that are made available for use by members
of the armed forces.
‘‘(2) Contingencies under which payments may be
made under such a contract include the following:
‘‘(A) A failure to pay interest or principal on
mortgages, generally or as a result of a base closure
or realignment, a reduction in force, an extended de-
ployment of assigned forces, or similar contingencies.
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‘‘(B) A failure to achieve specified occupancy
levels of, or rental income from, housing units cov-
ered by a contract.
‘‘(3) Such contracts may be on such terms and condi-
tions as the Secretary concerned considers necessary or
desirable to induce the provision of housing and ancillary
supporting facilities, whether by acquisition or construc-
tion, for use by members of the armed forces, and to pro-
tect the financial interests of the United States.
‘‘(b) LEASES.—The Secretary concerned may enter
into a contract for the lease of housing units to be ac-
quired or constructed on or near a military installation.
Such a contract may provide for the owner of the property
to operate and maintain the facilities.
‘‘(c) DIFFERENTIAL PAYMENTS.—In entering into
contracts under this subchapter, the Secretary concerned
may make a differential payment in addition to rental pay-
ments made by individual members.
‘‘(d) INVESTMENTS.—(1) The Secretary concerned
may make investments in nongovernmental entities in-
volved in the acquisition or construction of housing and
ancillary supporting facilities on or near a military instal-
lation for such consideration and upon such terms and
conditions as the Secretary concerned determines to be
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consistent with the purposes of this subchapter and the
public interest.
‘‘(2) Such investments may take the form of limited
partnership interests, stock, debt instruments, or a com-
bination thereof.
‘‘(3) The investment made by the Secretary con-
cerned in an acquisition or construction project under this
subsection, whether the investment is in the form of cash,
land or buildings under section 2872(j) of this title, or
other form, may not exceed 35 percent of the capital costs
of the acquisition or construction project.
‘‘(e) COLLATERAL INCENTIVE AGREEMENTS.—The
Secretary concerned may also enter into collateral incen-
tive agreements in connection with investments made
under subsection (d) to ensure that a suitable preference
will be afforded members of the armed forces to lease or
purchase, at affordable rates, a reasonable number of the
housing units covered by the investment contract.
‘‘§ 2876. Expiration of authority
‘‘The authority of the Secretaries concerned to enter
into contracts and partnerships and to make investments
under this subchapter shall expire on September 30,
2000.’’.
(2) The table of subchapters at the beginning of
chapter 169 of title 10, United States Code, is amended
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by inserting after the item relating to subchapter III the
following new item:
‘‘IV.
Alternative Provision of Military Family Housing .....................
2871’’.
SEC. 2802. INCLUSION OF OTHER ARMED FORCES IN NAVY
PROGRAM OF LIMITED PARTNERSHIPS WITH
PRIVATE 
DEVELOPERS 
FOR 
MILITARY
HOUSING.
(a) EXPANDED AUTHORITY FOR HOUSING PARTNER-
SHIPS.—(1) Subchapter IV of chapter 169 of title 10,
United States Code, as added by section 2801, is amended
by inserting after section 2873 the following new section:
§ ‘‘2874. Limited partnerships with private developers
of housing
‘‘(a) LIMITED PARTNERSHIPS.—In order to meet the
housing requirements of members of the armed forces, and
the dependents of such members, at a military installation
described in section 2872(a) of this title, the Secretary
concerned may enter into a limited partnership with one
or more private developers to encourage the construction
of housing and ancillary supporting facilities within com-
muting distance of the installation. Section 2875(d) of this
title shall apply with respect to the investments the Sec-
retary concerned may make toward development costs
under a limited partnership.
‘‘(b) COLLATERAL INCENTIVE AGREEMENTS.—The
Secretary concerned may also enter into collateral incen-
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tive agreements with private developers who enter into a
limited partnership under subsection (a) to ensure that,
where appropriate—
‘‘(1) a suitable preference will be afforded mem-
bers of the armed forces in the lease or purchase, as
the case may be, of a reasonable number of the
housing units covered by the limited partnership; or
‘‘(2) the rental rates or sale prices, as the case
may be, for some or all of such units will be afford-
able for such members.
‘‘(c) SELECTION OF INVESTMENT OPPORTUNITIES.—
(1) The Secretary concerned shall use publicly advertised,
competitively bid or competitively negotiated, contracting
procedures, as provided in chapter 137 of this title, to
enter into limited partnerships under subsection (a).
‘‘(2) When a decision is made by the Secretary con-
cerned to enter into a limited partnership under subsection
(a), the Secretary shall submit a report in writing to the
appropriate committees of Congress on that decision.
Each such report shall include the justification for the lim-
ited partnership, the terms and conditions of the limited
partnership, a description of the development costs for
projects under the limited partnership, and a description
of the share of such costs to be incurred by the Secretary
concerned. The Secretary concerned may then enter into
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the limited partnership only after the end of the 21-day
period beginning on the date the report is received by such
committees.
‘‘(d) HOUSING INVESTMENT BOARDS.—(1) Each
Secretary concerned shall establish a housing investment
board, which shall have the duties—
‘‘(A) of advising the Secretary concerned re-
garding those proposed limited partnerships under
subsection (a), if any, that are financially and other-
wise sound investments for meeting the objectives of
this section;
‘‘(B) of administering amounts in the Account
established under section 2873 of this title that are
made available to the Secretary concerned to carry
out this section; and
‘‘(C) of performing such other tasks as the Sec-
retary concerned determines to be necessary and ap-
propriate to assist the Secretary to carry out the du-
ties of the Secretary under this section.
‘‘(2) A housing investment board shall be composed
of seven members appointed for a two-year term by the
Secretary concerned. Among such members, the Secretary
concerned may appoint two persons from the private sec-
tor who have knowledge and experience in the financing
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and the construction of housing. The Secretary concerned
shall designate one of the members as chairperson.
‘‘(3) Members of a housing investment board, other
than those members regularly employed by the Federal
Government, may be paid while attending meetings of the
board or otherwise serving at the request of the Secretary
concerned, compensation at a rate equal to the daily equiv-
alent of the minimum annual rate of basic pay payable
for level IV of the Executive Schedule under section 5315
of title 5 for each day (including travel time) during which
the member is engaged in the actual performance of duties
vested in the board. Members shall receive travel expenses,
including per diem in lieu of subsistence, in accordance
with sections 5702 and 5703 of title 5.
‘‘(4) The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the housing investment boards.
‘‘(5) The housing investment boards shall terminate
on September 30, 2000.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by inserting after the item relating
to section 2873 the following new item:
‘‘2874. Limited partnerships with private developers of housing.’’.
(b) PROCEEDS FROM PARTICIPATION IN PARTNER-
SHIPS.—Section 2873(b) of title 10, United States Code,
as added by section 2801, is amended by adding at the
end the following new paragraph:
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‘‘(4) Proceeds received by the Secretary con-
cerned from the repayment of investments or profits
on investments of the Secretary under section
2874(a) of this title.’’.
(c) CONFORMING REPEAL.—(1) Section 2837 of title
10, United States Code, is repealed. The repeal of such
section shall not be construed to affect the validity or
terms of any limited partnership or collateral incentive
agreement entered into by the Secretary of the Navy
under such section before the date of the enactment of
this Act. Amounts in the Navy Housing Investment Ac-
count shall be transferred to the Department of Defense
Family Housing Improvement Fund established under
section 2873 of such title, as added by section 2801.
(2) The table of sections at the beginning of sub-
chapter II of chapter 169 of title 10, United States Code,
is amended by striking out the item relating to section
2837.
SEC. 2803. SPECIAL UNSPECIFIED MINOR CONSTRUCTION
THRESHOLDS FOR PROJECTS TO CORRECT
LIFE, HEALTH, AND SAFETY DEFICIENCIES
AND 
CLARIFICATION 
OF 
UNSPECIFIED
MINOR CONSTRUCTION AUTHORITY.
(a) SPECIAL THRESHOLDS.—Section 2805 of title
10, United States Code, is amended—
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(1) in subsection (a)(1), by adding at the end
the following new sentence: ‘‘However, if the military
construction project is intended solely to correct a
life, health, or safety deficiency, a minor military
construction project may have an approved cost
equal to or less than $3,000,000.’’; and
(2) in subsection (c)(1), by striking out ‘‘not
more than $300,000.’’ and inserting in lieu thereof
the following: ‘‘not more than—
‘‘(A) $1,000,000, in the case of an unspecified
military construction project intended solely to cor-
rect a life, health, or safety deficiency; or
‘‘(B) $300,000, in the case of other unspecified
military construction projects.’’.
(b) DESCRIPTION OF MINOR CONSTRUCTION.—Sub-
section (a)(1) of such section is further amended by strik-
ing out ‘‘(1) that is for a single undertaking at a military
installation, and (2)’’.
SEC. 2804. DISPOSITION OF AMOUNTS RECOVERED AS A RE-
SULT OF DAMAGE TO REAL PROPERTY.
(a) IN GENERAL.—Chapter 165 of title 10, United
States Code, is amended by inserting after section 2781
the following new section:
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‘‘§ 2782. Damage to real property: disposition of
amounts recovered
‘‘Except as provided in section 2775 of this title,
amounts recovered for damage caused to real property
under the jurisdiction of the Secretary of a military de-
partment or, with respect to the Defense Agencies, under
the jurisdiction of the Secretary of Defense shall be cred-
ited to the account available for the repair or replacement
of the real property at the time of recovery. In such
amounts as are provided in advance in appropriation Acts,
amounts so credited shall be available for use for the same
purposes and under the same circumstances as other
funds in the account.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 2781 the following new
item:
‘‘2782. Damage to real property: disposition of amounts recovered.’’.
SEC. 2805. RENTAL OF FAMILY HOUSING IN FOREIGN
COUNTRIES.
Section 2828(e) of title 10, United States Code, is
amended—
(1) in paragraph (1)—
(A) by striking out ‘‘300 units’’ in the first
sentence and inserting in lieu thereof ‘‘450
units’’; and
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(B) by striking out ‘‘220 such units’’ in
the second sentence and inserting in lieu there-
of ‘‘350 such units’’; and
(2) in paragraph (2), by striking out ‘‘300
units’’ and inserting in lieu thereof ‘‘450 units’’.
SEC. 2806. PILOT PROGRAM TO PROVIDE INTEREST RATE
BUY DOWN AUTHORITY ON LOANS FOR HOUS-
ING WITHIN HOUSING SHORTAGE AREAS AT
MILITARY INSTALLATIONS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Military Housing Assistance Act of 1995’’.
(b) MORTGAGE ASSISTANCE PAYMENT AUTHORITY
OF THE SECRETARY OF VETERANS AFFAIRS.—(1) Chap-
ter 37 of title 38, United States Code, is amended by in-
serting after section 3707 the following:
‘‘§ 3708. Authority to buy down interest rates: pilot
program
‘‘(a) In order to enable the purchase of housing in
areas where the supply of suitable military housing is in-
adequate, the Secretary may conduct a pilot program
under which the Secretary may make periodic or lump
sum assistance payments on behalf of an eligible veteran
for the purpose of buying down the interest rate on a loan
to that veteran that is guaranteed under this chapter for
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a purpose described in paragraph (1), (2), (3), (6), or (10)
of section 3710(a).
‘‘(b) An individual is an eligible veteran for the pur-
poses of this section if—
‘‘(1) the individual is a veteran, as defined in
section 3701(b)(4) of this title, or is on active Guard
and Reserve duty, as defined by section 101(d) of
title 10;
‘‘(2) the individual submits an application for a
loan guaranteed under this chapter within one year
of an assignment of the individual to duty at a mili-
tary installation in the United States designated by
the Secretary of Defense as a housing shortage area;
‘‘(3) at the time the loan referred to in sub-
section (a) is made, the individual is an enlisted
member, warrant officer, or an officer (other than a
warrant officer) at a pay grade of O–3 or below;
‘‘(4) the individual has not previously used any
of the individual’s entitlement to housing loan bene-
fits under this chapter; and
‘‘(5) the individual receives comprehensive
prepurchase counseling from the Secretary (or the
designee of the Secretary) before making application
for a loan guaranteed under this chapter.
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‘‘(c) Loans with respect to which the Secretary may
exercise the buy down authority under subsection (a)
shall—
‘‘(1) provide for a buy down period of not more
than three years in duration;
‘‘(2) specify the maximum and likely amounts
of increases in mortgage payments that the loans
would require; and
‘‘(3) be subject to such other terms and condi-
tions as the Secretary may prescribe by regulation.
‘‘(d) The Secretary shall promulgate underwriting
standards for loans for which the interest rate assistance
payments may be made under subsection (a). Such stand-
ards shall be based on the interest rate for the second year
of the loan.
‘‘(e) The Secretary or lender shall provide com-
prehensive prepurchase counseling to eligible veterans ex-
plaining the features of interest rate buy downs under sub-
section (a), including a hypothetical payment schedule
that displays the increases in monthly payments to the
mortgagor over the first five years of the mortgage term.
For the purposes of this subsection, the Secretary may
assign personnel to military installations referred to in
subsection (b)(2).
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‘‘(f) There is authorized to be appropriated
$3,000,000 annually to carry out this section.
‘‘(g) The Secretary may not guarantee a loan under
this chapter after September 30, 1998, on which the Sec-
retary is obligated to make payments under this section.’’.
(2) The table of sections at the beginning of chapter
37 of title 38, United States Code, is amended by inserting
after the item relating to section 3707 to following new
item:
‘‘3708. Authority to buy down interest rates: pilot program.’’.
(c) AUTHORITY OF SECRETARY OF DEFENSE.—
(1) REIMBURSEMENT FOR BUY DOWN COSTS.—
The Secretary of Defense shall reimburse the Sec-
retary of Veterans Affairs for amounts paid by the
Secretary of Veterans Affairs to mortgagees under
section 3708 of title 38, United States Code.
(2) DESIGNATION
OF
HOUSING
SHORTAGE
AREAS.—For purposes of section 3708 of title 38,
United States Code, the Secretary of Defense may
designate as a housing shortage area a military in-
stallation in the United States at which the Sec-
retary determines there is a shortage of suitable
housing to meet the military family needs of mem-
bers of the Armed Forces and the dependents of
such members.
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(3) REPORT.—Not later than six months after
September 30, 1998, the Secretary shall submit a
report to Congress regarding the effectiveness in
providing housing to members of the Armed Forces
and their dependents through the provisions of this
subsection and section 3708 of title 38, United
States Code.
(4) EARMARK.—Of the amount provided in sec-
tion 2405(a)(13)(B), $10,000,000 for fiscal year
1996 shall be available to carry out this subsection.
(5) SUNSET.—This subsection shall not apply
with respect to housing loans guaranteed after Sep-
tember 30, 1998, for which assistance payments are
paid under section 3708 of title 38, United States
Code.
Subtitle B—Base Closure and
Realignment
SEC. 2811. AUTHORITY TO TRANSFER PROPERTY AT MILI-
TARY INSTALLATIONS TO BE CLOSED TO
PERSONS WHO CONSTRUCT OR PROVIDE
MILITARY FAMILY HOUSING.
(a) BASE CLOSURES UNDER 1988 ACT.—Section
204 of the Defense Authorization Amendments and Base
Closure and Realignment Act (title II of Public Law 100–
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526; 10 U.S.C. 2687 note) is amended by adding at the
end the following new subsection:
‘‘(e) TRANSFER AUTHORITY IN CONNECTION WITH
CONSTRUCTION
OR PROVISION
OF MILITARY FAMILY
HOUSING.—(1) Subject to paragraph (2), the Secretary
may enter into an agreement to transfer by deed real prop-
erty or facilities located at an installation closed or to be
closed under this title with any person who agrees, in ex-
change for the real property or facilities, to transfer to
the Secretary housing units that are constructed or pro-
vided by the person and located at or near a military in-
stallation at which there is a shortage of suitable housing
to meet the requirements of members of the Armed Forces
and their dependents. The Secretary may not select real
property for transfer under this paragraph if the property
is identified in the redevelopment plan for the installation
as items essential to the reuse or redevelopment of the
installation.
‘‘(2) A transfer of real property or facilities may be
made under paragraph (1) only if—
‘‘(A) the fair market value of the housing units
to be received by the Secretary in exchange for the
property or facilities to be transferred is equal to or
greater than the fair market value of such property
or facilities, as determined by the Secretary; or
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‘‘(B) the recipient of the property or facilities
agrees to pay to the Secretary the difference be-
tween the fair market values if the fair market value
of the housing units is lower than the fair market
value of the property or facilities to be transferred.
‘‘(3) Notwithstanding section 207(a)(7), the Sec-
retary shall deposit funds received under paragraph (2)(B)
in the Department of Defense Family Housing Improve-
ment Fund established under section 2873(a) of title 10,
United States Code.
‘‘(4) The Secretary shall submit to the appropriate
committees of Congress a report describing each agree-
ment proposed to be entered into under paragraph (1),
including the consideration to be received by the United
States under the agreement. The Secretary may not enter
into the agreement until the end of the 21-day period be-
ginning on the date the appropriate committees of Con-
gress receive the report regarding the agreement.
‘‘(5) The Secretary may require any additional terms
and conditions in connection with an agreement author-
ized by this subsection as the Secretary considers appro-
priate to protect the interests of the United States.’’.
(b) BASE CLOSURES UNDER 1990 ACT.—Section
2905 of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510;
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10 U.S.C. 2687 note) is amended by adding at the end
the following new subsection:
‘‘(f) TRANSFER AUTHORITY IN CONNECTION WITH
CONSTRUCTION
OR PROVISION
OF MILITARY FAMILY
HOUSING.—(1) Subject to paragraph (2), the Secretary
may enter into an agreement to transfer by deed real prop-
erty or facilities located at an installation closed or to be
closed under this part with any person who agrees, in ex-
change for the real property or facilities, to transfer to
the Secretary housing units that are constructed or pro-
vided by the person and located at or near a military in-
stallation at which there is a shortage of suitable housing
to meet the requirements of members of the Armed Forces
and their dependents. The Secretary may not select real
property for transfer under this paragraph if the property
is identified in the redevelopment plan for the installation
as items essential to the reuse or redevelopment of the
installation.
‘‘(2) A transfer of real property or facilities may be
made under paragraph (1) only if—
‘‘(A) the fair market value of the housing units
to be received by the Secretary in exchange for the
property or facilities to be transferred is equal to or
greater than the fair market value of such property
or facilities, as determined by the Secretary; or
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‘‘(B) the recipient of the property or facilities
agrees to pay to the Secretary the difference be-
tween the fair market values if the fair market value
of the housing units is lower than the fair market
value of the property or facilities to be transferred.
‘‘(3) Notwithstanding section 2906(a)(2), the Sec-
retary shall deposit funds received under paragraph (2)(B)
in the Department of Defense Family Housing Improve-
ment Fund established under section 2873(a) of title 10,
United States Code.
‘‘(4) The Secretary shall submit to the appropriate
committees of Congress a report describing each agree-
ment proposed to be entered into under paragraph (1),
including the consideration to be received by the United
States under the agreement. The Secretary may not enter
into the agreement until the end of the 30-day period be-
ginning on the date the appropriate committees of Con-
gress receive the report regarding the agreement.
‘‘(5) The Secretary may require any additional terms
and conditions in connection with an agreement author-
ized by this subsection as the Secretary considers appro-
priate to protect the interests of the United States.’’.
(c) REGULATIONS.—Not later than nine months after
the date of the enactment of this Act, the Secretary of
Defense shall prescribe any regulations necessary to carry
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out subsection (e) of section 204 of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act
(title II of Public Law 100–526; 10 U.S.C. 2687 note),
as added by subsection (a), and subsection (f) of section
2905 of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510;
10 U.S.C. 2687 note), as added by subsection (b).
SEC. 2812. DEPOSIT OF PROCEEDS FROM LEASES OF PROP-
ERTY LOCATED AT INSTALLATIONS BEING
CLOSED OR REALIGNED.
(a) EXCEPTION TO EXISTING REQUIREMENTS.—Sec-
tion 2667(d) of title 10, United States Code, is amended—
(1) in paragraph (1)(A)(ii), by inserting ‘‘or
(5)’’ after ‘‘paragraph (4)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(5) Money rentals received by the United States
from a lease under subsection (f) shall be deposited into
the relevant account established under section 207(a) of
the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100–526; 10 U.S.C.
2687 note) or section 2906(a) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).’’.
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(b) CORRESPONDING AMENDMENTS TO BASE CLO-
SURE LAWS.—(1) Section 207(a) of the Defense Author-
ization Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note) is
amended—
(A) in paragraph (2)—
(i) by striking out ‘‘and’’ at the end of
subparagraph (B);
(ii) by striking out the period at the end
of subparagraph (C) and inserting in lieu there-
of ‘‘; and’’; and
(iii) by adding at the end the following new
subparagraph:
‘‘(D) proceeds from leases of property under
section 2667(f) of title 10, United States Code, at
a military installation to be closed or realigned
under this title.’’; and
(B) in paragraph (7), by striking out ‘‘transfer
or disposal’’ and inserting in lieu thereof ‘‘lease,
transfer, or disposal’’.
(2) Section 2906(a)(2) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2867 note) is amended—
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(A) in subparagraph (C), by striking out
‘‘transfer or disposal’’ and inserting in lieu thereof
‘‘lease, transfer, or disposal’’; and
(B) in subparagraph (D), by striking out
‘‘transfer or disposal’’ and inserting in lieu thereof
‘‘lease, transfer, or disposal’’.
SEC. 2813. AGREEMENTS FOR CERTAIN SERVICES AT IN-
STALLATIONS BEING CLOSED.
(a) CLOSURES UNDER 1988 ACT.—Section 204(b)(8)
of the Defense Authorization Amendments and Base Clo-
sure and Realignment Act (Public Law 100–526; 10
U.S.C. 2687 note) is amended by striking out subpara-
graph (A) and inserting in lieu thereof the following new
subparagraph:
‘‘(A) Subject to subparagraph (C), the Secretary may
enter into agreements (including contracts, cooperative
agreements, or other arrangements for reimbursement)
with local governments for the provision of police or secu-
rity services, fire protection services, airfield operation
services, or other community services by such governments
at military installations to be closed under this title if the
Secretary determines that the provision of such services
under such an agreement is in the best interests of the
Department of Defense.’’.
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(b) 
CLOSURES
UNDER
1990 
ACT.—Section
2905(b)(8) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101–
510; 10 U.S.C. 2867 note) is amended by striking out sub-
paragraph (A) and inserting in lieu thereof the following
new subparagraph:
‘‘(A) Subject to subparagraph (C), the Secretary may
enter into agreements (including contracts, cooperative
agreements, or other arrangements for reimbursement)
with local governments for the provision of police or secu-
rity services, fire protection services, airfield operation
services, or other community services by such governments
at military installations to be closed under this part if the
Secretary determines that the provision of such services
under such an agreement is in the best interests of the
Department of Defense.’’.
SEC. 2814. REMOVAL OF BASE CLOSURE PROPERTIES FROM
APPLICATION OF SECTION 501 OF THE STEW-
ART B. MCKINNEY HOMELESS ASSISTANCE
ACT.
(a) CLOSURES
UNDER
1988 ACT.—(1) Section
204(b) of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100–526;
10 U.S.C. 2687 note) is amended by striking out para-
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graph (6) and inserting in lieu thereof the following new
paragraph:
‘‘(6) Section 501 of the Stewart B. McKinney Home-
less Assistance Act (42 U.S.C. 11411) shall not apply with
respect to the transfer or disposal of real property located
at military installations closed or realigned under this
title.’’.
(b) CLOSURES
UNDER
1990 ACT.—(1) Section
2905(b) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510;
10 U.S.C. 2687 note) is amended by striking out para-
graphs (6) and (7) and inserting in lieu thereof the follow-
ing new paragraph:
‘‘(7) Section 501 of the Stewart B. McKinney Home-
less Assistance Act (42 U.S.C. 11411) shall not apply with
respect to the transfer or disposal of real property located
at military installations closed or realigned under this
part.’’.
Subtitle C—Land Conveyances
Generally
SEC. 2821. TRANSFER OF JURISDICTION, FORT SAM HOUS-
TON, TEXAS.
(a) TRANSFER
OF LAND
FOR NATIONAL CEME-
TERY.—The Secretary of the Army may transfer, without
reimbursement, to the administrative jurisdiction of the
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Secretary of Veterans Affairs a parcel of real property (in-
cluding any improvements thereon) consisting of approxi-
mately 53 acres and comprising a portion of Fort Sam
Houston, Texas.
(b) USE OF LAND.—The Secretary of Veterans Af-
fairs shall use the real property transferred under sub-
section (a) as a national cemetery under chapter 24 of
title 38, United States Code.
(c) RETURN OF UNUSED LAND.—If the Secretary of
Veterans Affairs determines that any portion of the real
property transferred under subsection (a) is not needed
for use as a national cemetery, the Secretary of Veterans
Affairs shall return such portion to the administrative ju-
risdiction of the Secretary of the Army.
(d) LEGAL DESCRIPTION.—The exact acreage and
legal description of the real property to be transferred
under this section shall be determined by surveys that are
satisfactory to the Secretary of the Army. The cost of such
surveys shall be borne by the Secretary of Veterans Af-
fairs.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Army may require such additional terms
and conditions in connection with the transfer under this
section as the Secretary of the Army considers appropriate
to protect the interests of the United States.
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SEC. 2822. LAND ACQUISITION OR EXCHANGE, SHAW AIR
FORCE BASE, SUMTER, SOUTH CAROLINA.
(a) LAND ACQUISITION.—By means of an exchange
of property, acceptance as a gift, or other means that does
not require the use of appropriated funds, the Secretary
of the Air Force may acquire all right, title, and interest
in and to a parcel of real property (together with any im-
provements thereon) consisting of approximately 1,100
acres and located adjacent to the eastern end of Shaw Air
Force Base, South Carolina, and extending to Stamey
Livestock Road in Sumter County, South Carolina.
(b) LAND EXCHANGE AUTHORIZED.—For purposes
of acquiring the real property described in subsection (a),
the Secretary may participate in a land exchange and con-
vey all right, title, and interest of the United States in
and to a parcel of real property in the possession of the
Air Force if—
(1) the Secretary determines that the land ex-
change is in the best interests of the Air Force; and
(2) the fair market value of the Air Force par-
cel to be conveyed does not exceed the fair market
value of the parcel to be acquired.
(c) DETERMINATIONS OF FAIR MARKET VALUE.—
The Secretary shall determine the fair market value of the
parcels of real property to be conveyed pursuant to sub-
sections (a) and (b). Such determinations shall be final.
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(d) DESCRIPTIONS OF PROPERTY.—The exact acre-
age and legal descriptions of the parcels of real property
to be conveyed pursuant to subsections (a) and (b) shall
be determined by surveys that are satisfactory to the Sec-
retary.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the acquisition under subsection
(a) or conveyance under subsection (b) as the Secretary
considers appropriate to protect the interests of the Unit-
ed States.
(f) REVERSION OF GIFT CONVEYANCE.—If the Sec-
retary acquires the real property described in subsection
(a) by way of gift, the Secretary may accept in the deed
of conveyance terms or conditions that require that the
land be reconveyed to the donor, or the heirs of the donor,
if Shaw Air Force Base ceases operations and is closed.
SEC. 2823. TRANSFER OF CERTAIN REAL PROPERTY AT
NAVAL 
WEAPONS 
INDUSTRIAL 
RESERVE
PLANT, CALVERTON, NEW YORK, FOR USE AS
NATIONAL CEMETERY.
(a) TRANSFER AUTHORIZED.—Notwithstanding sec-
tion 2854 of the Military Construction Authorization Act
for Fiscal Year 1993 (division B of Public Law 102–484;
106 Stat. 2626), the Secretary of the Navy may transfer,
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without reimbursement, to the Secretary of Veterans Af-
fairs a parcel of real property consisting of approximately
150 acres located adjacent to the Calverton National Cem-
etery, Calverton, New York, and comprising a portion of
the buffer zone of the Naval Weapons Industrial Reserve
Plant, Calverton.
(b) USE OF PROPERTY.—The Secretary of Veterans
Affairs shall use the real property transferred under sub-
section (a) as an addition to the Calverton National Ceme-
tery and administer such real property pursuant to chap-
ter 24 of title 38, United States Code.
(c) SURVEYS.—The cost of any surveys necessary for
the transfer of jurisdiction of the real property described
in subsection (a) from the Secretary of the Navy to the
Secretary of Veterans Affairs shall be borne by the Sec-
retary of Veterans Affairs.
SEC. 2824. LAND CONVEYANCE, FORT ORD, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey to the City of Seaside, California
(in this section referred to as the ‘‘City’’), all right, title,
and interest of the United States in and to a parcel of
real property (including improvements thereon) consisting
of approximately 477 acres located in Monterey County,
California, and comprising a portion of the former Fort
Ord Military Complex. The real property to be conveyed
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to the City includes the two Fort Ord Golf Courses, Black
Horse and Bayonet, and the Hayes Housing Facilities.
(b) CONSIDERATION.—As consideration for the con-
veyance of the real property and improvements under sub-
section (a), the City shall pay to the United States an
amount equal to the fair market value of the property to
be conveyed, as determined by the Secretary under such
terms and conditions as are determined to be fair and eq-
uitable to both parties.
(c) USE AND DEPOSIT OF PROCEEDS.—(1) From the
funds paid by the City under subsection (b), the Secretary
shall deposit in the Morale, Welfare, and Recreation Fund
Account of the Department of the Army an amount equal
to the portion of such funds corresponding to the fair mar-
ket value of the two Fort Ord Golf Courses conveyed
under subsection (a), as established under subsection (b).
(2) The Secretary shall deposit the balance of the
funds paid by the City under subsection (b), after deduct-
ing the amount deposited under paragraph (1), in the De-
partment of Defense Base Closure Account 1990.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property (including im-
provements thereon) to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Sec-
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retary and the City. The cost of the survey shall be borne
by the City.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under this section
as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 2825. LAND CONVEYANCE, INDIANA ARMY AMMUNI-
TION PLANT, CHARLESTOWN, INDIANA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the State
of Indiana (in this section referred to as the ‘‘State’’), all
right, title, and interest of the United States in and to
a parcel of real property, including any improvements
thereon, that consists of approximately 1125 acres at the
inactivated Indiana Army Ammunition Plant in Charles-
town, Indiana, and is the subject of a 25-year lease be-
tween the Secretary and the State.
(b) CONDITION OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
condition that the State use the conveyed property for rec-
reational purposes.
(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
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factory to the Secretary. The cost of such survey shall be
borne by the State.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2826. LAND CONVEYANCE, NAVAL AIR STATION, PEN-
SACOLA, FLORIDA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Navy may convey to West Florida Developers, Inc. (in
this section referred to as ‘‘WFD’’), all right, title, and
interest of the United States in and to a parcel of unim-
proved real property consisting of approximately 135 acres
at Naval Air Station, Pensacola, Florida.
(b) CONSIDERATION.—(1) As consideration for the
conveyance under subsection (a), WFD shall agree to re-
strict the use of all lands located within the Air Installa-
tion Compatible Use Zones of Naval Air Station Pensacola
and owned by WFD at the time of the conveyance under
subsection (a) in such manner as specified by the Sec-
retary. The lands subject to such restriction shall total at
least 300 acres.
(2) If the fair market value of the property conveyed
under subsection (a) is more than the fair market value
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of the restriction on usage under paragraph (1), WFD
shall pay to the United States an amount equal to the
difference between the fair market values.
(c) DETERMINATION OF FAIR MARKET VALUE.—The
Secretary shall determine the fair market value of the
property to be conveyed under subsection (a) and the fair
market value of the restriction on usage under subsection
(b)(1). Such determination shall be final.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of such survey shall be
borne by WFD.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance authorized by sub-
section (a) as the Secretary considers appropriate to pro-
tect the interests of the United States.
SEC. 2827. LAND CONVEYANCE, AVON PARK AIR FORCE
RANGE, SEBRING, FLORIDA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Air Force may convey, without consideration, to High-
lands County, Florida (in this section referred to as the
‘‘County’’), all right, title, and interest of the United
States in and to a parcel of real property (including any
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improvements thereon) located within the boundaries of
the Avon Park Air Force Range near Sebring, Florida,
which has previously served as the location of a support
complex and recreational facilities for the Avon Park Air
Force Range.
(b) CONDITIONS OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
conditions that the County—
(1) directly or through an agreement with an
appropriate public or private entity, use the con-
veyed property, including the support complex and
recreational facilities, for operation of a juvenile or
other correctional facility; and
(2) enter into an agreement with the Secretary
to reconvey the property to the United States if the
Secretary determines that the conveyed property is
necessary to accomplish the military mission of the
Avon Park Air Force Range.
(c) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the property conveyed under
subsection (a) is not being used in accordance with sub-
section (b), all right, title, and interest in the property
shall revert to the United States, and the United States
shall have the right of immediate entry onto the property.
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(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of such survey shall be
borne by the County.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under this section
as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 2828. LAND CONVEYANCE, PARKS RESERVE FORCES
TRAINING AREA, DUBLIN, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—(1) Except as pro-
vided in paragraph (2), the Secretary of the Army may
convey to the County of Alameda, California (in this sec-
tion referred to as the ‘‘County’’), all right, title, and in-
terest of the United States in and to a parcel of real prop-
erty consisting of approximately 31 acres, together with
improvements thereon, located at Parks Reserve Forces
Training Area, Dublin, California.
(2) The conveyance authorized by this section shall
not include any oil, gas, or mineral interest of the United
States in the real property to be conveyed.
(b) CONSIDERATION.—(1) As consideration for the
conveyance under subsection (a)(1), the County shall pro-
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(F) to provide for and fund any environmental
mitigation that is necessary as a result of a change
in use of the conveyed property by the County.
(2) The detailed specifications for the services to be
provided under paragraph (1) may be determined and ap-
proved on behalf of the Secretary by the Commander of
Parks Reserve Forces Training Area. The preparation
costs of such specifications shall be borne by the County.
(3) The value of improvements and services received
by the United States from the County under paragraph
(1) must be equal to or exceed the appraised value of the
real property to be conveyed under subsection (a)(1). The
appraisal of the value of the property shall be subject to
Government review and approval.
(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a)(1) shall be determined by a survey
satisfactory to the Secretary. The cost of such survey shall
be borne by the County.
(d) TIME FOR TRANSFER OF TITLE.—The transfer
of title to the County under subsection (a)(1) may be exe-
cuted by the Secretary only upon the satisfactory guaran-
tee by the County of completion of the services to be pro-
vided under subsection (b).
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(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a)(1) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2829. LAND CONVEYANCE, HOLSTON ARMY AMMUNI-
TION PLANT, MOUNT CARMEL, TENNESSEE.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without reimbursement, to the City
of Mount Carmel, Tennessee (in this section referred to
as the ‘‘City’’), all right, title, and interest of the United
States in and to a parcel of real property consisting of
approximately 6.5 acres, together with any improvements
thereon, located at Holston Army Ammunition Plant, Ten-
nessee. The property is located adjacent to the Mount Car-
mel Cemetery and is intended for expansion of the ceme-
tery.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of such survey shall be
borne by the City.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
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(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2830. LAND CONVEYANCE, NAVAL WEAPONS INDUS-
TRIAL RESERVE PLANT, MCGREGOR, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Navy may convey, without consideration, to the City
of McGregor, Texas (in this section referred to as the
‘‘City’’), all right, title, and interest of the United States
in and to a parcel of real property, including any improve-
ments thereon, containing the Naval Weapons Industrial
Reserve Plant in McGregor, Texas. After screening the fa-
cilities, equipment, and fixtures (including special tooling
and special test equipment) located on the parcel for other
uses within the Department of the Navy, the Secretary
may include in the conveyance remaining facilities, equip-
ment, and fixtures if the Secretary determines that manu-
facturing activities requiring the use of such facilities,
equipment, and fixtures are likely to continue or be rein-
stated on the parcel after conveyance.
(b) LEASE AUTHORITY.—Until such time as the real
property described in subsection (a) is conveyed by deed,
the Secretary may lease the property, along with improve-
ments thereon, to the City in exchange for security serv-
ices, fire protection, and maintenance provided by the City
for the property.
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(c) CONDITION OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
condition that the City, directly or through an agreement
with a public or private entity, use the conveyed property
(or offer the conveyed property for use) for economic rede-
velopment to replace all or a part of the economic activity
being lost at the parcel.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of such survey shall be
borne by the City.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) or a lease under subsection (b) as the Secretary consid-
ers appropriate to protect the interests of the United
States.
SEC. 2831. TRANSFER OF JURISDICTION AND LAND CON-
VEYANCE, FORT DEVENS MILITARY RESERVA-
TION, MASSACHUSETTS.
(a) TRANSFER OF LAND FOR WILDLIFE REFUGE.—
Subject to subsection (b), the Secretary of the Army shall
transfer, without reimbursement, to the administrative ju-
risdiction of the Secretary of the Interior that portion of
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Fort Devens Military Reservation in the State of Massa-
chusetts that is situated south of Massachusetts State
Route 2, for inclusion in the Oxbow National Wildlife Ref-
uge. The transfer shall be made as soon as possible after
the date on which the property is determined to be excess
to the needs of the Department of Defense.
(b) LAND CONVEYANCE AUTHORIZED.—The Sec-
retary of the Army shall convey to the Town of Lancaster,
Massachusetts (in this section referred to as the ‘‘Town’’),
all right, title, and interest of the United States in and
to a parcel of real property consisting of approximately
100 acres of the parcel available for transfer under sub-
section (a) and located adjacent to Massachusetts State
Highway 70.
(c) LEGAL DESCRIPTION.—(1) The exact acreage
and legal description of the real property to be transferred
under subsection (a) shall be determined by surveys that
are mutually satisfactory to the Secretary of the Army and
the Secretary of the Interior. The cost of such surveys
shall be borne by the Secretary of the Interior.
(2) The exact acreage and legal description of the real
property to be conveyed under subsection (b) shall be de-
termined by surveys that are mutually satisfactory to the
Secretary of the Army, the Secretary of the Interior, and
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the Board of Selectman of the Town. The cost of such
surveys shall be borne by the Town.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Army may require such additional terms
and conditions in connection with the transfer and convey-
ance under this section as the Secretary of the Army con-
siders appropriate to protect the interests of the United
States.
SEC. 2832. LAND CONVEYANCE, ELMENDORF AIR FORCE
BASE, ALASKA.
(a) SALE TO PRIVATE PERSON AUTHORIZED.—(1)
The Secretary of the Air Force may sell to a private per-
son all right, title, and interest of the United States in
and to a parcel of real property consisting of approxi-
mately 31.69 acres that is located at Elmendorf Air Force
Base, Anchorage, Alaska, and identified in land lease W–
95–507–ENG–58.
(2) The Secretary may select as purchaser of the real
property such private person as the Secretary, in the sole
exercise of the Secretary’s discretion, considers appro-
priate. The conveyance shall be subject to the condition
that the purchaser agree to provide appropriate mainte-
nance for the apartment complex located on the property
to be conveyed and used by members of the Armed Forces
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stationed at Elmendorf Air Force Base and their depend-
ents.
(b) CONSIDERATION.—In consideration for the con-
veyance under subsection (a), the purchaser shall pay to
the United States an amount equal to the fair market
value of the real property to be conveyed, as determined
by an appraisal satisfactory to the Secretary. In determin-
ing the fair market value of the real property, the Sec-
retary shall consider the property as encumbered by land
lease W–95–507–ENG–58, with an expiration date of
June 13, 2024.
(c) DEPOSIT OF PROCEEDS.—The Secretary shall de-
posit the amount received from the purchaser under sub-
section (b) in the special account established under section
204(h)(2) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 585(h)(2)).
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of such survey shall be
borne by the purchaser.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under this section
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as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 2833. LAND CONVEYANCE ALTERNATIVE TO EXISTING
LEASE AUTHORITY, NAVAL SUPPLY CENTER,
OAKLAND, CALIFORNIA.
Section 2834(b) of the Military Construction Author-
ization Act for Fiscal Year 1993 (division B of Public Law
102–484; 106 Stat. 2614), as amended by section 2833
of the Military Construction Authorization Act for Fiscal
Year 1994 (division B of Public Law 103–160) and sec-
tion 2821 of the Military Construction Authorization Act
for Fiscal Year 1995 (division B of Public Law 103–337),
is further amended by adding at the end the following new
paragraphs:
‘‘(4) In lieu of entering into a lease under paragraph
(1), or in place of an existing lease under such paragraph,
the Secretary may convey, without consideration, the prop-
erty described in such paragraph to the City of Oakland,
California, the Port of Oakland, California, or the City
of Alameda, California, under such terms and conditions
as the Secretary considers appropriate.
‘‘(5) The exact acreage and legal description of any
property conveyed under paragraph (4) shall be deter-
mined by a survey satisfactory to the Secretary. The cost
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of each survey shall be borne by the recipient of the prop-
erty.’’.
SEC. 2834. LAND CONVEYANCE, ARMY RESERVE CENTER,
YOUNGSTOWN, OHIO.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the City
of Youngstown, Ohio, all right, title, and interest of the
United States in and to a parcel of excess real property,
including improvements thereon, that is located at 399
Miller Street in Youngstown, Ohio, and contains the
Kefurt Army Reserve Center.
(b) CONDITION OF CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
condition that the City of Youngstown retain the conveyed
property for the use and benefit of the Youngstown Fire
Department.
(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of such survey shall be
borne by the City of Youngstown.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
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(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2835. MODIFICATION OF LAND CONVEYANCE, NAVAL
WEAPONS 
INDUSTRIAL 
RESERVE 
PLANT,
CALVERTON, NEW YORK.
(a) CONDITION ON CONVEYANCE.—Subsection (b) of
section 2833 of the Military Construction Authorization
Act for Fiscal Year 1995 (division B of Public Law 103–
337; 108 Stat. 3061) is amended by striking out ‘‘to re-
place all or a part of the economic activity lost at the
Naval Weapons Industrial Reserve Plant’’.
(b) REMOVAL OF REVERSIONARY INTEREST; ADDI-
TION OF LEASE AUTHORITY.—Subsection (c) of such sec-
tion is amended to read as follows:
‘‘(c) LEASE AUTHORITY.—Until such time as the real
property described in subsection (a) is conveyed by deed,
the Secretary may lease the property, along with improve-
ments thereon, to the Community Development Agency in
exchange for security services, fire protection, and mainte-
nance provided by the Community Development Agency
for the property.’’.
(c) CONFORMING AMENDMENTS.—Subsection (e) of
such section is amended by striking out ‘‘subsection (a)’’
and inserting in lieu thereof ‘‘subsection (a) or a lease
under subsection (c)’’.
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SEC. 2836. LAND EXCHANGE, FORT LEWIS, WASHINGTON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey to Weyerhaeuser Real Estate Com-
pany, Tacoma, Washington (in this section referred to as
‘‘WRECO’’), all right, title, and interest of the United
States in and to a parcel of real property at Fort Lewis,
Washington, known as an unimproved portion of Tract
1000 (formerly being in the DuPont Steilacoom Road,
consisting of approximately 1.23 acres), and Tract 26E,
0.03 acre.
(b) CONSIDERATION.—As consideration for the con-
veyance authorized by subsection (a), WRECO shall con-
vey or cause to be conveyed to the United States by war-
ranty deed all right, title, and interest in and to a 0.39
acre parcel of real property located within the boundaries
of Fort Lewis, Washington, together with other consider-
ation acceptable to the Secretary. The total consideration
conveyed to the United States shall not be less than the
fair market value of the land conveyed under subsection
(a).
(c) DETERMINATION OF FAIR MARKET VALUE.—The
determinations of the Secretary of the Army regarding the
fair market values of the parcels of real property and im-
provements to be conveyed pursuant to subsections (a)
and (b) shall be final.
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(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the parcels of real property to be
conveyed pursuant to subsections (a) and (b) shall be de-
termined by surveys that are satisfactory to the Secretary
of the Army. The cost of such surveys shall be borne by
WRECO.
(e) EFFECT ON EXISTING REVERSIONARY INTER-
EST.—The Secretary may enter into an agreement with
the appropriate officials of Pierce County, Washington,
under which—
(1) the existing reversionary interest of Pierce
County in the lands to be conveyed by the United
States under subsection (a) is extinguished; and
(2) the conveyance to the United States under
subsection (b) is made subject to a similar reversion-
ary interest in favor of Pierce County in the lands
conveyed under such subsection.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyances under this section as
the Secretary considers appropriate to protect the inter-
ests of the United States.
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SEC. 2837. MODIFICATION OF EXISTING LAND CONVEY-
ANCE, HAMILTON AIR FORCE BASE.
(a) AUTHORITIES IN EVENT OF PARTIAL SALE.—In
the event that the purchaser purchases only a portion of
the Sale Parcel and exercises its option to withdraw from
the sale as to the rest of the Sale Parcel, the portion of
the Sale Parcel that is not purchased (other than Landfill
26 and an appropriate buffer area around it and the
groundwater treatment facility site), together with any of
the land referred to in section 9099(e) of Public Law 102–
396 that is not purchased by the purchaser, may be sold
to the City of Novato, in the State of California, for the
sum of One Dollar as a public benefit transfer for school,
classroom or other educational use, for use as a public
park or recreation area or for further conveyance as pro-
vided herein, subject to the following restrictions: (1) if
the City sells any portion of such land to any third party
within 10 years after the transfer to the City, which sale
may be made without the foregoing use restrictions, any
proceeds received by the City in connection with such sale,
minus the demonstrated reasonable costs of conducting
the sale and of any improvements made by the City to
the land following its acquisition of the land (but only to
the extent such improvements increase the value of the
portion sold), shall be immediately turned over to the
Army in reimbursement of the withdrawal payment made
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by the Army to the contract purchaser and the costs of
cleaning up the Landfill and (2) until one year following
completion of the cleanup of contaminated soil in the
Landfill and completion of the groundwater treatment fa-
cilities, the sale must be at a per-acre price for the portion
sold that is at least equal to the per-acre contract price
paid by the purchaser for the portion of the Sale Parcel
purchased under the Agreement and Modification, as
amended, and thereafter must be at a price at least equal
to the fair market value of the portion sold. The foregoing
restrictions shall not apply to a transfer to another public
or quasi-public agency for public uses of the kind de-
scribed above. The deed to the City shall contain a clause
providing that, if any of the proceeds referred to in clause
(1) are not delivered to the Army within 30 days after
sale, or any portion of the land not sold as provided herein
is used for other than educational, park or recreational
uses, title to the applicable portion of such land shall re-
vert to the United States at the election of the Adminis-
trator of the General Services Administration. The Sec-
retary of the Army shall agree to deliver into the applica-
ble closing escrow an acknowledgement of receipt of any
proceeds described in clause (1) above and a release of
the reverter right as to the affected land, effective upon
such receipt.
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(b) SPECIAL CONVEYANCE REGARDING BUILDING
138 PARCEL.—The Secretary of the Army may convey the
Building 138 parcel, which has been designated by the
parties as Parcel A4 to the purchaser of the Sale Parcel.
The per-acre price for the portion sold shall be at least
equal to the per-acre contract price paid by the purchaser
for the portion of the Sale Parcel purchased under the
Agreement and Modification, dated September 25, 1990,
as amended.
SEC. 2838. TRANSFER OF JURISDICTION, FORT BLISS,
TEXAS.
(a) TRANSFER
OF LAND
FOR NATIONAL CEME-
TERY.—The Secretary of the Army may transfer, without
reimbursement, to the administrative jurisdiction of the
Secretary of Veterans Affairs a parcel of real property (in-
cluding any improvements thereon) consisting of approxi-
mately 22 acres and comprising a portion of Fort Bliss,
Texas.
(b) USE OF LAND.—The Secretary of Veterans Af-
fairs shall use the real property transferred under sub-
section (a) as an addition to the Fort Bliss National Cem-
etery and administer such real property pursuant to chap-
ter 24 of title 38, United States Code.
(c) RETURN OF UNUSED LAND.—If the Secretary of
Veterans Affairs determines that any portion of the real
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property transferred under subsection (a) is not needed
for use as a national cemetery, the Secretary of Veterans
Affairs shall return such portion to the administrative ju-
risdiction of the Secretary of the Army.
(d) LEGAL DESCRIPTION.—The exact acreage and
legal description of the real property to be transferred
under this section shall be determined by surveys that are
satisfactory to the Secretary of the Army. The cost of such
surveys shall be borne by the Secretary of Veterans Af-
fairs.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Army may require such additional terms
and conditions in connection with the transfer under this
section as the Secretary of the Army considers appropriate
to protect the interests of the United States.
Subtitle D—Land Conveyances
Involving Utilities
SEC. 2841. CONVEYANCE OF RESOURCE RECOVERY FACIL-
ITY, FORT DIX, NEW JERSEY.
(a) AUTHORITY TO CONVEY.—The Secretary of the
Army may convey to Burlington County, New Jersey (in
this section referred to as the ‘‘County’’), all right, title,
and interest of the United States in and to a parcel of
real property at Fort Dix, New Jersey, consisting of ap-
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proximately two acres and containing a resource recovery
facility, known as the Fort Dix resource recovery facility.
(b) RELATED
EASEMENTS.—The Secretary may
grant to the County any easement that is necessary for
access to and operation of the resource recovery facility
conveyed under subsection (a).
(c) CONDITIONS ON CONVEYANCE.—The conveyance
of the resource recovery facility authorized by subsection
(a) is subject to the following conditions:
(1) That the County accept the resource recov-
ery facility in its existing condition at the time of
conveyance.
(2) That the County provide refuse and steam
service to Fort Dix, New Jersey, at the rate estab-
lished by the appropriate Federal or State regu-
latory authority.
(3) That the County comply with all applicable
environmental laws and regulations relating to the
resource recovery facility, including any permit or li-
cense requirements.
(4) That the County assume full responsibility
for ownership, operation, maintenance, repair, and
all regulatory compliance requirements for the re-
source recovery facility.
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(d) CONDITION ON EXPANSION.—The conveyance of
the resource recovery facility under subsection (a) shall
also be subject to the condition that the County may not
expand the resource recovery facility without prior ap-
proval by the Secretary.
(e) ENVIRONMENTAL
COMPLIANCE.—The County
shall be responsible for owning, operating, and upgrading
the resource recovery facility in accordance with all appli-
cable Federal, State, and municipal laws and regulations
promulgated thereunder.
(f) DESCRIPTION
OF
THE PROPERTY.—The exact
acreage and legal description of the real property to be
conveyed under subsection (a), and of any easements to
be granted under subsection (b), shall be determined by
a survey satisfactory to the Secretary. The cost of such
survey shall be borne by the County.
(g) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) and the grant of any easement under subsection (b)
as the Secretary considers appropriate to protect the inter-
ests of the United States.
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SEC. 2842. CONVEYANCE OF WATER AND WASTEWATER
TREATMENT PLANTS, FORT GORDON, GEOR-
GIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey to the city of Augusta, Georgia (in
this section referred to as the ‘‘City’’), all right, title, and
interest of the United States to several parcels of real
property located at Fort Gordon, Georgia, and consisting
of approximately seven acres each. The parcels are im-
proved with a water filtration plant, water distribution
system with storage tanks, sewage treatment plant, and
sewage collection system.
(b) RELATED
EASEMENTS.—The Secretary may
grant to the City any easement that is necessary for access
to the real property conveyed under subsection (a) and op-
eration of the conveyed facilities.
(c) CONDITIONS ON CONVEYANCE.—The conveyance
authorized by subsection (a) is subject to the following
conditions:
(1) That the City accept the water and
wastewater treatment plants and distribution and
collection systems in their existing condition at the
time of conveyance.
(2) That the City provide water and sewer serv-
ice to Fort Gordon, Georgia, at a rate established by
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the appropriate Federal or State regulatory author-
ity.
(3) That the City comply with all applicable en-
vironmental laws and regulations regarding the real
property conveyed under subsection (a), including
any permit or license requirements.
(4) That the City assume full responsibility for
ownership, operation, maintenance, repair, and all
regulatory compliance requirements for the water
and wastewater treatment plants and distribution
and collection systems.
(d) CONDITION
ON EXPANSION.—The conveyance
under subsection (a) shall also be subject to the condition
that the City may not expand the water and wastewater
treatment plants and distribution and collection systems
without prior approval by the Secretary.
(e) ENVIRONMENTAL COMPLIANCE.—The City shall
be responsible for owning, operating, and upgrading the
water and wastewater treatment plants and distribution
and collection systems in accordance with all applicable
Federal, State, and municipal laws and regulations pro-
mulgated thereunder.
(f) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a), and of any easements granted under
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subsection (b), shall be determined by a survey satisfac-
tory to the Secretary. The cost of such survey shall be
borne by the City.
(g) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) and the grant of any easement under subsection (b)
as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 2843. CONVEYANCE OF ELECTRICAL DISTRIBUTION
SYSTEM, FORT IRWIN, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey to the Southern California Edison
Company, California (in this section referred to as the
‘‘Company’’), all right, title, and interest of the United
States in and to the electrical distribution system located
at Fort Irwin, California.
(b) DESCRIPTION OF SYSTEM AND CONVEYANCE.—
The electrical distribution system authorized to be con-
veyed under subsection (a) consists of approximately 115
miles of electrical distribution lines, including poles,
switches, reclosers, transformers, regulators, switchgears,
and service lines. The conveyance includes the equipment,
fixtures, structures, and other improvements the Federal
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Government utilizes to provide electrical services at Fort
Irwin. The conveyance shall not include any real property.
(c) RELATED
EASEMENTS.—The Secretary may
grant to the Company any easement that is necessary for
access to and operation of the electrical distribution sys-
tem conveyed under subsection (a).
(d) CONDITIONS ON CONVEYANCE.—The conveyance
authorized by subsection (a) is subject to the following
conditions:
(1) That the Company accept the electrical dis-
tribution system in its existing condition at the time
of conveyance.
(2) That the Company provide electrical service
to Fort Irwin, California, at a rate established by
the appropriate Federal or State regulatory author-
ity.
(3) That the Company comply with all applica-
ble environmental laws and regulations regarding the
electrical distribution system, including any permit
or license requirements.
(4) That the Company assume full responsibil-
ity for ownership, operation, maintenance, repair,
and all regulatory compliance requirements for the
electrical distribution system.
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(e) CONDITION
ON EXPANSION.—The conveyance
under subsection (a) shall also be subject to the condition
that the Company may not expand the electrical distribu-
tion system without prior approval by the Secretary.
(f) ENVIRONMENTAL COMPLIANCE.—The Company
shall be responsible for owning, operating, and upgrading
the electrical distribution system in accordance with all ap-
plicable Federal, State, and municipal laws and regula-
tions promulgated thereunder.
(g) DESCRIPTION OF EASEMENT.—The exact acreage
and legal description of any easement granted under sub-
section (c) shall be determined by a survey satisfactory
to the Secretary. The cost of such survey shall be borne
by the Company.
(h) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) and the grant of any easement under subsection (c)
as the Secretary considers appropriate to protect the inter-
ests of the United States.
Subtitle E—Other Matters
SEC. 2851. EXPANSION OF AUTHORITY TO SELL ELEC-
TRICITY.
(a) INCLUSION OF ADDITIONAL ENERGY PRODUC-
TION FACILITIES.—Subsection (a) of section 2483 of title
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10, United States Code, is amended by striking out ‘‘alter-
nate energy and cogeneration type production facilities’’
in the first sentence and inserting in lieu thereof ‘‘energy
production facilities’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of
such section is amended to read as follows:
‘‘§ 2483. Special sale authority regarding electricity’’.
(2) The table of sections at the beginning of chapter
147 of title 10, United States Code, is amended by strik-
ing out the item relating to section 2483 and inserting
in lieu thereof the following new item:
‘‘2483. Special sale authority regarding electricity.’’.
SEC. 2852. AUTHORITY FOR MISSISSIPPI STATE PORT AU-
THORITY TO USE NAVY PROPERTY AT NAVAL
CONSTRUCTION BATTALION CENTER, GULF-
PORT, MISSISSIPPI.
(a) JOINT USE AGREEMENT AUTHORIZED.—The
Secretary of the Navy may enter into an agreement with
the Port Authority of the State of Mississippi (in this sec-
tion referred to as the ‘‘Port Authority’’), under which the
Port Authority may use real property comprising up to
50 acres located at the Naval Construction Battalion Cen-
ter, Gulfport, Mississippi (in this section referred to as
the ‘‘Center’’).
(b) TERM OF AGREEMENT.—The agreement author-
ized under subsection (a) may be for an initial period of
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not more than 15 years. Under the agreement, the Sec-
retary shall provide the Port Authority with an option to
extend the agreement for at least three additional periods
of five years each.
(c) CONDITIONS ON USE.—The agreement author-
ized under subsection (a) shall require the Port Author-
ity—
(1) to suspend operations under the agreement
in the event Navy contingency operations are con-
ducted at the Center; and
(2) to use the property covered by the agree-
ment in a manner consistent with Navy operations
conducted at the Center.
(d) CONSIDERATION.—(1) As consideration for the
use of the property covered by the agreement under sub-
section (a), the Port Authority shall pay to the Navy an
amount equal to the fair market rental value of the prop-
erty, as determined by the Secretary taking into consider-
ation the Port Authority’s use of the property.
(2) The Secretary may include a provision in the
agreement requiring the Port Authority—
(A) to pay the Navy an amount (as determined
by the Secretary) to cover the costs of replacing at
the Center any facilities vacated by the Navy on ac-
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count of the agreement or to construct suitable re-
placement facilities for the Navy; and
(B) to pay the Navy an amount (as determined
by the Secretary) for the costs of relocating Navy
operations from the vacated facilities to the replace-
ment facilities.
(e) CONGRESSIONAL NOTIFICATION.—The Secretary
may not enter into the agreement authorized by subsection
(a) until the end of the 21-day period beginning on the
date on which the Secretary submits to Congress a report
containing an explanation of the terms of the proposed
agreement and a description of the consideration that the
Secretary expects to receive under the agreement.
(f) USE OF PAYMENT.—(1) In such amounts as are
provided in advance in appropriation Acts, the Secretary
may use amounts paid under subsection (d)(1) to pay for
general supervision, administration, and overhead ex-
penses and for improvement, maintenance, repair, con-
struction, or restoration of the roads, railways, and facili-
ties serving the Center.
(2) In such amounts as are provided in advance in
appropriation Acts, the Secretary may use amounts paid
under subsection (d)(2) to pay for constructing new facili-
ties, or making modifications to existing facilities, that are
necessary to replace facilities vacated by the Navy on ac-
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count of the agreement under subsection (a) and for relo-
cating operations of the Navy from the vacated facilities
to replacement facilities.
(g) CONSTRUCTION BY PORT AUTHORITY.—The Sec-
retary may authorize the Port Authority to demolish exist-
ing facilities located on the property covered by the agree-
ment under subsection (a) and, consistent with the restric-
tion specified in subsection (c)(2), construct new facilities
on the property for joint use by the Port Authority and
the Navy.
(h) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the agreement authorized under
subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2853. PROHIBITION ON JOINT CIVIL AVIATION USE OF
NAVAL AIR STATION MIRAMAR, CALIFORNIA.
The Secretary of the Navy may not enter into any
agreement that would provide for or permit civil aircraft
to regularly use Naval Air Station Miramar, California.
SEC. 2854. REPORT REGARDING ARMY WATER CRAFT SUP-
PORT FACILITIES AND ACTIVITIES.
Not later than February 15, 1996, the Secretary of
the Army shall submit to Congress a report describing—
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(1) the location, assets, and mission of each
Army facility, active or reserve component, that sup-
ports water transportation operations;
(2) an infrastructure inventory and utilization
rate of each Army facility supporting water trans-
portation operations;
(3) options for consolidating these operations to
reduce overhead; and
(4) actions that can be taken to affirmatively
respond to requests from the residents of Marcus
Hook, Pennsylvania, to close the Army Reserve facil-
ity located in Marcus Hook and make the facility
available for use by the community.
DIVISION C—DEPARTMENT OF
ENERGY NATIONAL
SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS
TITLE 
XXXI—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security
Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) STOCKPILE
STEWARDSHIP.—Subject to sub-
section (d), funds are hereby authorized to be appro-
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priated to the Department of Energy for fiscal year 1996
for stockpile stewardship in carrying out weapons activi-
ties necessary for national security programs in the
amount of $3,610,914,000, to be allocated as follows:
(1) 
For 
core 
stockpile 
stewardship,
$1,189,708,000 for fiscal year 1996, to be allocated
as follows:
(A) 
For 
operation 
and 
maintenance,
$1,098,403,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$96,305,000, to be allocated as follows:
Project 96–D–102, stockpile steward-
ship facilities revitalization, Phase VI, var-
ious locations, $2,520,000.
Project 96–D–103, ATLAS, Los Ala-
mos National Laboratory, Los Alamos,
New Mexico, $8,400,000.
Project 96–D–104, processing and en-
vironmental 
technology 
laboratory
(PETL), Sandia National Laboratories,
Albuquerque, New Mexico, $1,800,000.
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Project 96–D–105, contained firing
facility addition, Lawrence Livermore Na-
tional Laboratory, Livermore, California,
$6,600,000.
Project 
95–D–102, 
Chemical 
and
Metallurgy Research Building upgrades
project, Los Alamos National Laboratory,
Los Alamos, New Mexico, $9,940,000.
Project 94–D–102, nuclear weapons
research, development, and testing facili-
ties revitalization, Phase V, various loca-
tions, $12,200,000.
Project 93–D–102, Nevada support
facility, 
North 
Las 
Vegas, 
Nevada,
$15,650,000.
Project 90–D–102, nuclear weapons
research, development, and testing facili-
ties revitalization, Phase III, various loca-
tions, $6,200,000.
Project 88–D–106, nuclear weapons
research, development, and testing facili-
ties revitalization, Phase II, various loca-
tions, $27,995,000.
(2) For inertial fusion, $240,667,000, to be al-
located as follows:
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(A) 
For 
operation 
and 
maintenance,
$203,267,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$37,400,000 to be allocated as follows:
Project 96–D–111, national ignition
facility, TBD, $37,400,000.
(3) For technology transfer, $25,000,000.
(4) For Marshall Islands, $6,800,000.
(b) STOCKPILE
MANAGEMENT.—Subject to sub-
section (d), funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1996
for stockpile management in carrying out weapons activi-
ties necessary for national security programs in the
amount of $2,142,083,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$2,028,458,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
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tion related thereto), $113,625,000, to be allocated
as follows:
Project 96–D–122, sewage treatment qual-
ity upgrade (STQU), Pantex Plant, Amarillo,
Texas, $600,000.
Project 96–D–123, retrofit HVAC and
chillers for ozone protection, Y–12 Plant, Oak
Ridge, Tennessee, $3,100,000.
Project 96–D–125, Washington measure-
ments operations facility, Andrews Air Force
Base, Camp Springs, Maryland, $900,000.
Project 96–D–126, tritium loading line
modifications, Savannah River Site, South
Carolina, $12,200,000.
Project 95–D–122, sanitary sewer up-
grade, Y–12 Plant, Oak Ridge, Tennessee,
$6,300,000.
Project 94–D–124, hydrogen fluoride sup-
ply system, Y–12 Plant, Oak Ridge, Tennessee,
$8,700,000.
Project 94–D–125, upgrade life safety,
Kansas City Plant, Kansas City, Missouri,
$5,500,000.
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Project 94–D–127, emergency notification
system, 
Pantex 
Plant, 
Amarillo, 
Texas,
$2,000,000.
Project 94–D–128, environmental safety
and health analytical laboratory, Pantex Plant,
Amarillo, Texas, $4,000,000.
Project 93–D–122, life safety upgrades,
Y–12 
Plant, 
Oak 
Ridge, 
Tennessee,
$7,200,000.
Project 93–D–123, complex-21, various lo-
cations, $41,065,000.
Project 88–D–122, facilities capability as-
surance program, various locations, $8,660,000.
Project 88–D–123, security enhancement,
Pantex Plant, Amarillo, Texas, $13,400,000.
(c) PROGRAM DIRECTION.—Subject to subsection
(d), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for program
direction in carrying out weapons activities necessary for
national 
security 
programs 
in 
the 
amount 
of
$118,000,000.
(d) ADJUSTMENTS.—The total amount authorized to
be appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (c) reduced by the sum of—
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(1) $25,000,000, for savings resulting from
procurement reform; and
(2) $86,344,000, for use in prior year balances.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) CORRECTIVE ACTIVITIES.—Subject to subsection
(i), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for corrective
activities in carrying out environmental restoration and
waste management activities necessary for national secu-
rity programs in the amount of $3,406,000, all of which
shall be available for the following plant project (including
maintenance, restoration, planning, construction, acquisi-
tion, modification of facilities, and land acquisition related
thereto):
Project 90–D–103, environment, safety and
health improvements, weapons research and develop-
ment complex, Los Alamos National Laboratory,
Los Alamos, New Mexico.
(b) ENVIRONMENTAL
RESTORATION.—Subject to
subsection (i), funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1996
for environmental restoration in carrying out environ-
mental restoration and waste management activities nec-
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essary for national security programs in the amount of
$1,575,973,000.
(c) WASTE MANAGEMENT.—Subject to subsection (i),
funds are hereby authorized to be appropriated to the De-
partment of Energy for fiscal year 1996 for waste man-
agement in carrying out environmental restoration and
waste management activities necessary for national secu-
rity programs in the amount of $2,351,596,000, to be allo-
cated as follows:
(1) 
For 
operation 
and 
maintenance,
$2,168,994,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
tion related thereto), $182,602,000, to be allocated
as follows:
Project 96–D–406, K-Basin operations
program, Richland, Washington, $26,000,000.
Project 96–D–407, mixed waste low level
waste treatment projects, Rocky Flats, Golden,
Colorado, $2,900,000.
Project 96–D–408, waste management up-
grades, various locations, $5,615,000.
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Project 95–D–402, install permanent elec-
trical service for the Waste Isolation Pilot
Plant, Carlsbad, New Mexico, $4,314,000.
Project 95–D–405, industrial landfill V
and construction/demolition landfill VII, Phase
III, Y–12 Plant, Oak Ridge, Tennessee,
$4,600,000.
Project 95–D–406, road 5–01 reconstruc-
tion, area 5, Nevada Test Site, Nevada,
$1,023,000.
Project 
94–D–400, 
high 
explosive
wastewater treatment system, Los Alamos Na-
tional Laboratory, Los Alamos, New Mexico,
$4,445,000.
Project 94–D–402, liquid waste treatment
system, Nevada Test Site, Nevada, $282,000.
Project 94–D–404, Melton Valley storage
tanks capacity increase, Oak Ridge National
Laboratory, 
Oak 
Ridge, 
Tennessee,
$11,000,000.
Project 94–D–407, initial tank retrieval
systems, Richland, Washington, $9,400,000.
Project 94–D–411, solid waste operations
complex 
project, 
Richland, 
Washington,
$5,500,000.
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Project 94–D–417, intermediate level and
low activity waste vaults, Savannah River Site,
Aiken, South Carolina, $2,704,000.
Project 93–D–178, building 374 liquid
waste treatment facility, Rocky Flats Environ-
mental Technology Site, Golden, Colorado,
$3,900,000.
Project 93–D–182, replacement of cross-
site transfer system, Richland, Washington,
$19,795,000.
Project 93–D–183, multi-function waste
remediation facility, Richland, Washington,
$31,000,000.
Project 93–D–187, high-level waste re-
moval from filled waste tanks, Savannah River
Site, Aiken, South Carolina, $19,700,000.
Project 92–D–171, mixed waste receiving
and storage facility, Los Alamos National Lab-
oratory, Los Alamos, New Mexico, $1,105,000.
Project 92–D–188, waste management en-
vironmental, safety and health (ES&H) and
compliance 
activities, 
various 
locations,
$1,100,000.
Project 90–D–172, aging waste transfer
lines, Richland, Washington, $2,000,000.
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Project 90–D–177, RWMC transuranic
(TRU) waste characterization and storage facil-
ity, Idaho National Engineering Laboratory,
Idaho, $1,428,000.
Project 90–D–178, TSA retrieval enclo-
sure, Idaho National Engineering Laboratory,
Idaho, $2,606,000.
Project 89–D–173, tank farm ventilation
upgrade, Richland, Washington, $800,000.
Project 89–D–174, replacement high-level
waste evaporator, Savannah River Site, Aiken,
South Carolina, $11,500,000.
Project 86–D–103, decontamination and
waste treatment facility, Lawrence Livermore
National Laboratory, Livermore, California,
$8,885,000.
Project 83–D–148, nonradioactive hazard-
ous waste management, Savannah River Site,
Aiken, South Carolina, $1,000,000.
(d) TECHNOLOGY DEVELOPMENT.—Subject to sub-
section (i), funds are hereby authorized to be appropriated
to the Department of Energy for fiscal year 1996 for tech-
nology development in carrying out environmental restora-
tion and waste management activities necessary for na-
tional security programs in the amount of $390,510,000.
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(e) TRANSPORTATION MANAGEMENT.—Subject to
subsection (i), funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1996
for transportation management in carrying out environ-
mental restoration and waste management activities nec-
essary for national security programs in the amount of
$10,158,000.
(f) NUCLEAR MATERIALS
AND FACILITIES STA-
BILIZATION.—Subject to subsection (i), funds are hereby
authorized to be appropriated to the Department of En-
ergy for fiscal year 1996 for nuclear materials and facili-
ties stabilization in carrying out environmental restoration
and waste management activities necessary for national
security programs in the amount of $1,514,504,000 to be
allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$1,427,108,000.
(2) For plant projects (including maintenance,
restoration, 
planning, 
construction, 
acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land acquisi-
tion related thereto), $87,396,000, to be allocated as
follows:
Project 96–D–458, site drainage control,
Mound Plant, Miamisburg, Ohio, $885,000.
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Project 96–D–461, Idaho National Engi-
neering Laboratory electrical distribution up-
grade, Idaho National Engineering Laboratory,
Idaho, $1,539,000.
Project 96–D–462, health physics instru-
ment laboratory, Idaho National Engineering
Laboratory, Idaho, $1,126,000.
Project 96–D–464, electrical and utility
systems upgrade, Idaho Chemical Processing
Plant, Idaho National Engineering Laboratory,
Idaho, $4,952,000.
Project 96–D–470, environmental monitor-
ing laboratory, Savannah River Site, Aiken,
South Carolina, $3,500,000.
Project 96–D–471, CFC HVAC/chiller ret-
rofit, Savannah River Site, Aiken, South Caro-
lina, $1,500,000.
Project 96–D–473, health physics site sup-
port facility, Savannah River Site, Aiken, South
Carolina, $2,000,000.
Project 95–D–155, upgrade site road in-
frastructure, Savannah River site, Aiken, South
Carolina, $2,900,000.
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Project 95–D–156, radio trunking system,
Savannah River site, Aiken, South Carolina,
$6,000,000.
Project 95–D–454, 324 facility compliance/
renovation, Richland, Washington, $3,500,000.
Project 95–D–456, security facilities con-
solidation, Idaho Chemical Processing Plant,
Idaho National Engineering Laboratory, Idaho,
$8,382,000.
Project 94–D–122, underground storage
tanks, Rocky Flats Plant, Golden, Colorado,
$5,000,000.
Project 94–D–401, emergency response fa-
cility, Idaho National Engineering Laboratory,
Idaho, $5,074,000.
Project 94–D–412, 300 area process sewer
piping system upgrade, Richland, Washington,
$1,000,000.
Project 94–D–415, Idaho National Engi-
neering Laboratory medical facilities, Idaho Na-
tional 
Engineering 
Laboratory, 
Idaho,
$3,601,000.
Project 94–D–451, infrastructure replace-
ment, Rocky Flats Plant, Golden, Colorado,
$2,940,000.
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Project 93–D–147, domestic water system
upgrade, Phase I and II, Savannah River Site,
Aiken, South Carolina, $7,130,000.
Project 93–D–172, Idaho National Engi-
neering Laboratory electrical upgrade, Idaho
National 
Engineering 
Laboratory, 
Idaho,
$124,000.
Project 
92–D–123, 
plant 
fire/security
alarm system replacement, Rocky Flats Plant,
Golden, Colorado, $9,560,000.
Project 92–D–125, master safeguards and
security agreement/materials surveillance task
force security upgrades, Rocky Flats Plant,
Golden, Colorado, $7,000,000.
Project 92–D–181, Idaho National Engi-
neering Laboratory fire and life safety improve-
ments, Idaho National Engineering Laboratory,
Idaho, $6,883,000.
Project 91–D–127, criticality alarm and
plant annunciation utility replacement, Rocky
Flats Plant, Golden, Colorado, $2,800,000.
(g) COMPLIANCE AND PROGRAM COORDINATION.—
Subject to subsection (i), funds are hereby authorized to
be appropriated to the Department of Energy for fiscal
year 1996 for compliance and program coordination in
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carrying out environmental restoration and waste manage-
ment activities necessary for national security programs
in the amount of $31,251,000, to be allocated as follows:
(1) 
For 
operation 
and 
maintenance,
$16,251,000.
(2) For the following plant project (including
maintenance, restoration, planning, construction, ac-
quisition, modification of facilities, and the continu-
ation of projects authorized in prior years, and land
acquisition related thereto):
Project 95–E–600, hazardous materials
management and emergency response training
center, Richland, Washington, $15,000,000.
(h) ANALYSIS, EDUCATION, AND RISK MANAGE-
MENT.—Subject to subsection (i), funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1996 analysis, education, and risk manage-
ment in carrying out environmental restoration and waste
management activities necessary for national security pro-
grams in the amount of $77,022,000.
(i) ADJUSTMENTS.—The total amount authorized to
be appropriated pursuant to this section is the sum of the
amounts specified in subsections (a) through (h) reduced
by the sum of—
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(1) $651,942,000, for use of prior year bal-
ances; and
(2) $37,000,000 for Savannah River Pension
Refund.
SEC. 3103. PAYMENT OF PENALTIES.
The Secretary of Energy may pay to the Hazardous
Substance Superfund established under section 9507 of
the Internal Revenue Code of 1986 (26 U.S.C. 9507),
from funds appropriated to the Department of Energy for
environmental restoration and waste management activi-
ties pursuant to section 3102, stipulated civil penalties as-
sessed under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) in the amount of $350,000 assessed against the
Rocky Flats site, Colorado, under such Act.
SEC. 3104. OTHER DEFENSE ACTIVITIES.
(a) OTHER DEFENSE ACTIVITIES.—Subject to sub-
section (b), funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 1996
for other defense activities in carrying out programs nec-
essary 
for 
national 
security 
in 
the 
amount 
of
$1,328,841,000, to be allocated as follows:
(1) For verification and control technology,
$353,200,000, to be allocated as follows:
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(A) For nonproliferation and verification
research and development, $163,500,000.
(B) For arms control, $147,364,000.
(C) For intelligence, $42,336,000.
(2) For nuclear safeguards and security,
$83,395,000.
(3) For security investigations, $25,000,000.
(4) For security evaluations, $14,707,000.
(5) 
For 
the 
Office 
of 
Nuclear 
Safety,
$15,050,000.
(6) For worker and community transition as-
sistance, $75,000,000.
(7) 
For 
fissile 
materials 
disposition,
$70,000,000.
(8) For emergency management, $23,321,000.
(9) 
For 
naval 
reactors 
development,
$682,168,000, to be allocated as follows:
(A) For operation and infrastructure,
$659,168,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$23,000,000, to be allocated as follows:
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Project 95–D–200, laboratory systems
and hot cell upgrades, various locations,
$11,300,000.
Project 95–D–201, advanced test re-
actor radioactive waste system upgrades,
Idaho National Engineering Laboratory,
Idaho, $4,800,000.
Project 93–D–200, engineering serv-
ices facilities, Knolls Atomic Power Lab-
oratory, 
Niskayuna, 
New 
York,
$3,900,000.
Project 90–N–102, expended core fa-
cility dry cell project, Naval Reactors facil-
ity, Idaho, $3,000,000.
(b) ADJUSTMENT.—The total amount that may be
appropriated pursuant to this section is the amount au-
thorized to be appropriated in subsection (a) reduced by
the sum of $13,000,000, for use of prior year balances.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1996 for pay-
ment to the Nuclear Waste Fund established in section
302(c) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(c)) in the amount of $198,400,000.
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Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy
submits to the congressional defense committees the re-
port referred to in subsection (b) and a period of 30 days
has elapsed after the date on which such committees re-
ceive the report, the Secretary may not use amounts ap-
propriated pursuant to this title for any program—
(1) in amounts that exceed, in a fiscal year—
(A) 110 percent of the amount authorized
for that program by this title; or
(B) $1,000,000 more than the amount au-
thorized for that program by this title; or
(2) which has not been presented to, or re-
quested of, Congress.
(b) REPORT.—(1) The report referred to in sub-
section (a) is a report containing a full and complete state-
ment of the action proposed to be taken and the facts and
circumstances relied upon in support of such proposed ac-
tion.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
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(c) LIMITATIONS.—(1) In no event may the total
amount of funds obligated pursuant to this title exceed
the total amount authorized to be appropriated by this
title.
(2) Funds appropriated pursuant to this title may not
be used for an item for which Congress has specifically
denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL.—The Secretary of Energy may
carry out any construction project under the general plant
projects authorized by this title if the total estimated cost
of the construction project does not exceed $2,000,000.
(b) REPORT TO CONGRESS.—If, at any time during
the construction of any general plant project authorized
by this title, the estimated cost of the project is revised
because of unforeseen cost variations and the revised cost
of the project exceeds $2,000,000, the Secretary shall im-
mediately furnish a complete report to the congressional
defense committees explaining the reasons for the cost
variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in para-
graph (2), construction on a construction project may not
be started or additional obligations incurred in connection
with the project above the total estimated cost, whenever