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‘‘(A) disapproved by a joint resolution of Con-
gress enacted on or before March 15, 1994; or
‘‘(B) amended by the Secretary in the manner
described in section 2903(b)(2)(B).
‘‘(c) RECOMMENDATIONS OF THE SECRETARY.—The
Secretary shall transmit recommendations to the Commis-
sion for the termination and reduction of military oper-
ations of the United States at specified military installa-
tions outside the United States. The recommendations
shall be included in the recommendations transmitted to
the Commission with respect to the closure and realign-
ment of military installations inside the United States
under section 2903(c).
‘‘(d) REVIEW AND RECOMMENDATIONS BY COMMIS-
SION.—The Commission shall review the recommendations
transmitted by the Secretary under subsection (c). The
Commission may make changes in the recommendations
made by the Secretary only in the manner provided in sub-
paragraphs (B), (C), and (D) of section 2903(d)(2). The
Commission shall include, in its recommendations to the
President under section 2903(d), its recommendations for
the termination and reduction of military operations of the
United States at specified military installations outside
the United States.
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‘‘(e) REVIEW
AND TRANSMITTAL
BY
THE PRESI-
DENT.—The recommendations transmitted by the Presi-
dent under section 2903(e) shall contain the recommenda-
tions of the Commission for the termination and reduction
of military operations of the United States at specified
military installations outside the United States.’’.
(b) EFFECT OF FAILURE TO INCLUDE SUFFICIENT
OVERSEAS INSTALLATIONS.—Section 2903 of such Act is
amended by adding at the end the following new sub-
section:
‘‘(f) FAILURE TO INCLUDE SUFFICIENT OVERSEAS
INSTALLATIONS.—(1) In the case of the recommendations
of the Commission required to be transmitted to the Con-
gress in 1995 pursuant to subsection (e), if the closure
or realignment of military installations outside the United
States does not account for at least 25 percent of the clo-
sure and realignment recommendations of the Commis-
sion, as certified by the Commission under paragraph (2),
then the process by which military installations may be
selected for closure or realignment under this part with
respect to that year shall be terminated.
‘‘(2) In determining whether the percentage specified
in paragraph (1) is satisfied, the Commission shall cal-
culate such percentage both in terms of—
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‘‘(A) the number of military installations out-
side the United States recommended for closure or
realignment as a percentage of the total number of
military installations recommended for closure or re-
alignment that year; and
‘‘(B) the number of military personnel and civil-
ian employees of the Department of Defense sta-
tioned or employed outside the United States di-
rectly affected by the recommendations as a percent-
age of the total number of military personnel and ci-
vilian employees of the Department of Defense di-
rectly affected by the recommendations.’’.
(c) CONFORMING AMENDMENTS.—(1) Subsection (b)
of section 2901 of such Act is amended to read as follows:
‘‘(b) Purpose.—The purpose of this part is to provide
a fair process that will result in the timely closure and
realignment of military installations inside and outside the
United States.’’.
(2) Section 2911 of such Act, as redesignated by sub-
section (a)(1), is amended—
(A) in paragraph (4), by inserting after the
first sentence the following new sentence: ‘‘With re-
spect to military operations carried out by the Unit-
ed States outside the United States, such term in-
cludes the sites and facilities at which such oper-
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ations are carried out without regard to whether the
sites and facilities are owned by the United States.’’;
and
(B) by adding at the end the following new
paragraph:
‘‘(8) The terms ‘closure’ and ‘realignment’ in-
clude, with respect to military operations carried out
by the United States outside the United States, the
termination or reduction of such operations.’’.
SEC. 2820. LIMITATIONS ON THE REMOVAL OR DISPOSAL
OF PERSONAL PROPERTY AND EQUIPMENT
IN CONNECTION WITH THE CLOSURE OR
MAJOR REALIGNMENT OF MILITARY INSTAL-
LATIONS.
(a) LIMITATION.—Except as provided in this section,
in connection with the closure or major realignment of a
military installation pursuant to a base closure law, the
Secretary of Defense shall not permit the removal or dis-
posal of any related personal property that—
(1) is located at the installation; and
(2) would be suitable for use by a governmental
or private entity obtaining real property at the in-
stallation.
(b) AUTHORIZED REMOVALS AND DISPOSALS.—The
limitation specified in subsection (a) shall not apply with
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respect to the removal or disposal of related personal prop-
erty from a military installation if—
(1) the property is regularly transferred or re-
moved from the installation, such as in the case of
military vehicles and aircraft;
(2) the property is unique to the military and
its removal is required to support a specific mission
of the Armed Forces; or
(3) the removal or disposal is pursuant to a
reuse plan for the installation that is approved by
the Secretary and consistent with the inventory re-
quirements specified in subsections (c) and (d).
(c) INVENTORY
OF RELATED PERSONAL PROP-
ERTY.—As soon as practicable following the selection of
a military installation for closure or major realignment
pursuant to a base closure law, the Secretary of the mili-
tary department exercising jurisdiction over the installa-
tion shall order an inventory to be taken of related per-
sonal property at the installation.
(d) SELECTION OF PERSONAL PROPERTY FOR RE-
TENTION AT INSTALLATION.—Upon completion of the in-
ventory under subsection (c) for a military installation, the
entity recognized by the Secretary of Defense as develop-
ing the community base reuse plan for the installation
shall be given not less than 12 months within which to
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decide whether or not to retain all or a portion of the relat-
ed personal property at the installation.
(e) DISPOSAL AUTHORITY.—As consideration for the
property selected by the entity under subsection (d) to be
retained at the installation, the Secretary of Defense may
require the entity to pay to the United States such
amount, not to exceed the fair market value of the re-
tained property, as the Secretary considers to be appro-
priate. Related personal property that is not retained by
the entity at the installation shall be removed or disposed
of by the Secretary pursuant to subsection (b)(3).
(f) DEFINITIONS.—For purposes of this section:
(1) BASE CLOSURE LAW DEFINED.—The term
‘‘base closure law’’ means each of the following:
(A) The Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C.
2687 note).
(C) Section 2687 of title 10, United States
Code.
(D) Any other similar law enacted after
the date of the enactment of this Act.
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(2) 
RELATED
PERSONAL
PROPERTY
DE-
FINED.—The term ‘‘related personal property’’
means any personal property owned by the United
States that—
(A) is an integral part of real property at
a military installation or is related to, designed
for, or specially adapted to the functional or
productive capacity of the real property, and
the removal of this personal property would sig-
nificantly diminish the economic value of the
real property; or
(B) is essential to implement a community
base reuse plan and to make the installation
fully functional for civilian operations, including
such personal property as office furniture and
equipment, machine tools and industrial pro-
duction equipment, dormitory and food service
equipment, airport operating equipment, edu-
cational and instructional equipment, and spare
parts for such personal property sufficient to
cover the initial three years of civilian oper-
ations.
(3) MAJOR REALIGNMENT.—The term ‘‘major
realignment’’ means any action under a base closure
law that—
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(A) reduces and relocates functions and ci-
vilian personnel positions at a military installa-
tion; and
(B) affects 500 or more employees at the
installation.
SEC. 2821. PREFERENCE FOR LOCAL AND SMALL BUSI-
NESSES.
(a) PREFERENCE REQUIRED.—In entering into con-
tracts with private entities as part of the closure or re-
alignment of a military installation under a base closure
law, the Secretary of Defense shall give preference, to the
greatest extent practicable, to qualified businesses located
in the vicinity of the installation and small business con-
cerns. Contracts for which this preference shall be given
shall include contracts to carry out activities for the envi-
ronmental restoration and mitigation at a military instal-
lation to be closed or realigned.
(b) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘small business concern’’ has the
meaning given such term in section 3 of the Small
Business Act (15 U.S.C. 632).
(2) The term ‘‘base closure law’’ means the
following:
(A) The Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
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Public Law 101–510; 104 Stat. 1808; 10
U.S.C. 2687 note).
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C.
2687 note).
(C) Section 2687 of title 10, United States
Code.
SEC. 2822. PILOT PROGRAM TO CONVEY CLOSED MILITARY
INSTALLATIONS TO NEIGHBORING COMMU-
NITIES.
(a) PILOT PROGRAM REQUIRED.—The Secretary of
Defense shall establish a pilot program to develop, and
evaluate the adequacy of, economic revitalization criteria
to govern the conveyance of surplus real property and re-
lated personal property at closed military installations to
local redevelopment authorities in order to assist the com-
munities adjacent to these installations recover from the
adverse consequences of the closure of military installa-
tions pursuant to the base closure laws.
(b) MILITARY INSTALLATIONS IN THE PILOT PRO-
GRAM.—The pilot program required by this section shall
be conducted at Naval Air Station Alameda, California,
Naval Depot Alameda, California, Loring Air Force Base,
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Maine, Gentile Air Force Station, Ohio, and military in-
stallations in Charleston, South Carolina, to be closed.
(c) CONVEYANCE.—Subject to subsection (f), in the
case of each military installation included in the pilot pro-
gram, the Secretary shall convey all right, title, and inter-
est of the United States in all surplus real property and
related personal property at the installation to the local
redevelopment authority for that installation. If a local re-
development authority is in existence for such an installa-
tion on the date of the enactment of this Act, the convey-
ance shall be made to that local redevelopment authority.
(d) CONSIDERATION NOT TO BE REQUIRED.—No
consideration may be required for a conveyance of prop-
erty pursuant to this section.
(e) ECONOMIC REVITALIZATION CRITERIA.—As part
of the pilot program, the Secretary shall develop economic
revitalization criteria to be used as the basis for reviewing
redevelopment plans submitted under subsection (f) to en-
sure that the plans promote the economic revitalization of
areas within, and surrounding, closed military installa-
tions. Such criteria shall emphasize such factors as job
creation, training, technology development, small business
concerns, land use planning, and appropriate public pur-
poses.
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(f) REDEVELOPMENT PLAN REQUIRED.—To be eligi-
ble to receive property under subsection (c), the local rede-
velopment authority for a military installation included in
the pilot project shall submit to the Secretary a redevelop-
ment plan for the installation not later than 120 days
after the date on which the installation is first included
in the pilot program. Not later than 120 days after the
submission of the redevelopment plan, the Secretary shall
complete a review of the redevelopment plan using the eco-
nomic revitalization criteria developed under subsection
(e) and either approve the plan or reject the plan as in-
complete or inadequate. If the Secretary determines that
the redevelopment plan is incomplete or does not ade-
quately address the redevelopment and reuse of the instal-
lation, the Secretary shall inform the local redevelopment
authority involved of the reasons for the determination
and shall give the local development authority a sufficient
period within which to resubmit an adequate redevelop-
ment plan.
(g) TIME FOR CONVEYANCE.—The conveyance of all
surplus real property and related personal property at a
military installation included in the pilot program shall be
completed pursuant to the terms of the approved redevel-
opment plan for the installation, but not later than the
date the Secretary officially closes the installation.
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(h) RELATIONSHIP TO CERCLA.—Nothing in this
section shall be construed as superseding section 120(h)
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980.
(i) REPORT.—Not later than three years after the
date of the enactment of this Act, the Secretary shall sub-
mit a report to Congress evaluating the success of the pilot
program and containing such recommendations as the
Secretary considers to be appropriate.
(j) DEFINITIONS.—For purposes of the section:
(1) The term ‘‘military installation’’ has the
meaning given such term in section 2687(e)(1) of
title 10, United States Code.
(2) The term ‘‘base closure law’’ means the
following:
(A) The Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C.
2687 note).
(C) Section 2687 of title 10, United States
Code.
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SEC. 2823. BASE DISPOSAL MANAGEMENT COOPERATIVE
AGREEMENT.
(a) USE OF INDEPENDENT SITE MANAGER.—(1) In
order to fulfill the responsibilities of the Secretary of De-
fense under a base closure law, the Secretary may enter
into not less than one and not more than 10 cooperative
agreements described in section 6305 of title 31, United
States Code, with independent entities (in this section re-
ferred to as a ‘‘Site Manager’’) to assist the Secretary in
managing the site planning, approval, preparation, and
disposal of excess and surplus real property under the au-
thority delegated to the Secretary for military installations
to be closed or realigned under a base closure law. The
selection of a Site Manager under this subsection for a
military installation shall be made by the Secretary, after
suitable public notice, through the good faith exercise of
the Secretary’s discretion and in consultation with the af-
fected local community in which the military installation
is located.
(2) During the term of a cooperative agreement en-
tered under this subsection and the five-year period begin-
ning on the termination date of the cooperative agreement,
the Site Manager subject to that cooperative agreement
(and its affiliates) shall be barred from bidding for or ac-
quiring any interest in real property or facilities located
at any of the military installations to be managed by the
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Site Manager, unless such acquisition is necessary to exe-
cute the terms of the cooperative agreement.
(b) QUALIFICATIONS.—In selecting a Site Manager
under subsection (a), the Secretary of Defense shall en-
sure that the Site Manager, either directly or through its
principals, has had prior experience—
(1) in the site planning of properties located at
Federal facilities;
(2) in dealing with local land use authorities in
the States in which the military installations to be
managed are located;
(3) in managing the cleanup of hazardous waste
contamination;
(4) in resolving land use issues under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and the National Historic Preservation
Act of 1966 (16 U.S.C. 470 et. seq.); and
(5) in meeting such other qualifications as the
Secretary considers to be necessary to perform the
tasks set forth in this section.
(c) DUTIES GENERALLY.—Under the cooperative
agreement entered into under subsection (a), a Site Man-
ager shall—
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(1) analyze the land use potential of the mili-
tary installations to be managed by the Site Man-
ager;
(2) coordinate with the applicable State and
local authorities to develop reuse options and obtain
necessary zoning and infrastructure approvals with
respect to these installations;
(3) manage the remediation of any adverse en-
vironmental conditions on these installations in ac-
cordance with remediation plans prepared and ap-
proved pursuant to applicable laws;
(4) coordinate with State and Federal agencies
to complete all reports and analyses required under
applicable law with respect to these installations;
(5) initiate and coordinate the notices and con-
sultations with Federal, State, regional, and local
agencies contemplated under the authority delegated
to the Secretary of Defense under a base closure law
and the procedures contemplated under section 501
of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11411);
(6) manage through the use of community as-
sets the maintenance and interim use of these instal-
lations pending final disposition;
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(7) prepare real property and facilities at these
installations for disposal; and
(8) manage the competitive public sale of sale
parcels in accordance with subsection (f).
(d) BUDGET AND SUBCONTRACTS.—(1) A Site Man-
ager and the Secretary of Defense shall jointly develop a
detailed budget for each phase of the site preparation and
approval process for each military installation to be man-
aged by the Site Manager.
(2) The cooperative agreement entered into under
subsection (a) shall authorize the Site Manager, through
the sole exercise of its reasonable business judgment and
in accordance with the approved budget, to engage con-
tractors and other professionals to complete all aspects of
the site preparation and approval process, including envi-
ronmental remediation. A Site Manager shall enter into
such contracts in accordance with such contracting guide-
lines as the Secretary may reasonably require in the coop-
erative agreement to promote fair competition, fair labor
practices, and good faith commercially reasonable efforts
to afford contracting opportunities to small business con-
cerns owned by socially- or economically-disadvantaged
persons.
(3) The Secretary shall reimburse the Site Manager
for the reasonable overhead costs incurred by the Site
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Manager and shall make funds available for the timely
payment of amounts due under the contracts and sub-
contracts entered into in accordance with the cooperative
agreement and the approved budget.
(e) CONTINUED LIABILITY
FOR ENVIRONMENTAL
REMEDIATION.—Nothing in this section shall be consid-
ered to diminish the liability of the Federal Government
with respect to environmental conditions existing on a
military installation managed by a Site Manager pursuant
to a cooperative agreement entered into under subsection
(a).
(f) SALE PROCEDURES.—After a sale parcel man-
aged by a Site Manager has received all necessary approv-
als and is otherwise ready for competitive public sale, the
Site Manager shall sell the parcel, as an agent for the Sec-
retary of Defense, in one or more transactions. Each sale
shall be on terms acceptable to the Secretary, determined
in consultation with the Site Manager and appropriate
local authorities.
(g) DISPOSITION OF PROCEEDS.—The proceeds from
each sale under subsection (f) shall be divided among the
Department of Defense, the Site Manager involved, and
appropriate local authorities as follows:
(1) The Secretary of Defense shall receive an
amount equal to—
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(A) the costs incurred by the Secretary
under the cooperative agreement with the Site
Manager and under applicable contracts and
subcontracts entered into by the Site Manager
pursuant to the cooperative agreement (other
than environmental analysis and remediation
costs, costs of preparing or conducting reports,
analyses, notices, and consultations required
under applicable law, property maintenance
costs, and all other costs that the Secretary
would be required to incur if the cooperative
agreement with the Site Manager did not exist)
and the reasonable costs of conducting the sale;
and
(B) 1⁄3 of the remainder of the proceeds.
(2) From amounts remaining after operation of
paragraph (1), the applicable local authorities, as de-
termined by the Secretary, shall receive 1⁄2 of the re-
mainder. If the appropriate local authorities cannot
be determined satisfactorily to the Secretary, the
State in which the military installation involved is lo-
cated shall receive the amount that would be distrib-
uted pursuant to this paragraph.
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(3) From amounts remaining after operation of
paragraph (1), the Site Manager involved shall re-
ceive 1⁄2 of the remainder.
(h) REPORTS.—(1) At such intervals as the Secretary
of Defense may prescribe, each Site Manager shall submit
to the Secretary reports describing the activities of the
Site Manager under a cooperative agreement entered into
under subsection (a) and such other information as the
Secretary may require.
(2) Not later than May 31, 1994, and May 31, 1995,
the Secretary of Defense shall submit to Congress a report
regarding all military installations covered by a coopera-
tive agreement under this section and the status of the
site preparation and disposal process at the installations.
(i) BASE CLOSURE LAW DEFINED.—For purposes of
this section, the term ‘‘base closure law’’ means each of
the following:
(1) 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).
(2) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note).
(3) Section 2687 of title 10, United States
Code.
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(4) Any other similar law enacted after the date
of the enactment of this Act.
Subtitle C—Land Transactions
SEC. 2824. MODIFICATION OF LAND CONVEYANCE, NEW
LONDON, CONNECTICUT.
(a) CONVEYANCE WITHOUT CONSIDERATION.—Sub-
section (a) of section 2841 of the National Defense Au-
thorization Act for Fiscal Years 1992 and 1993 (Public
Law 102–190; 102 Stat. 1557) is amended by inserting
after ‘‘convey’’ the following: ‘‘, without consideration,’’.
(b) CONFORMING AMENDMENTS.—Such section is
further amended—
(1) in subsection (b), by striking out paragraph
(4);
(2) by striking out subsection (c); and
(3) redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
SEC. 2825. LAND CONVEYANCE, BROWARD COUNTY, FLOR-
IDA.
(a) LAND CONVEYANCE.—Subject to subsection (b),
the Secretary of the Navy may convey to Broward 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 improvements thereon,
consisting of approximately 18.45 acres and comprising
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a portion of Fort Lauderdale-Hollywood International Air-
port, Florida.
(b) CONSIDERATION.—As consideration for the con-
veyance by the Secretary of the parcel of real property
under subsection (a), the County shall elect either—
(1) to construct (or pay the costs of construct-
ing) at a location selected by the Secretary within
the County a suitable replacement facility for the
improvements conveyed as part of such conveyance;
or
(2) to pay to the United States an amount
equal to the fair market value of the parcel conveyed
under subsection (a), including improvements there-
on.
(c) REPLACEMENT FACILITY.—If the County elects
to pay the fair market value of the real property under
subsection (b)(2), the Secretary shall use the amount paid
by the County, subject to the availability of appropriations
for this purpose, to construct a suitable facility to replace
the improvements conveyed under subsection (a).
(d) DETERMINATION OF FAIR MARKET VALUE.—
The Secretary shall determine the fair market value of the
parcel of real property to be conveyed under subsection
(a). Such determination shall be final.
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(e) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the parcel of real property to be
conveyed under subsection (a) shall be determined by sur-
veys that are satisfactory to the Secretary. The cost of
the surveys shall be borne by the County.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require any additional terms and conditions
in connection with the conveyance under subsection (a)
that the Secretary considers appropriate to protect the in-
terests of the United States.
SEC. 
2826. 
LAND 
CONVEYANCE, 
NAVAL 
AIR 
STATION
OCEANA, VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Navy may convey to the City of Virginia Beach, Vir-
ginia (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 included on the real property inventory
of Naval Air Station Oceana in Virginia Beach, Virginia,
and consisting of approximately 3.5 acres. As part of the
conveyance of such parcel, the Secretary shall grant the
City an easement on such additional acreage as may be
necessary to provide adequate ingress and egress to the
parcel.
(b) CONSIDERATION.—As consideration for the con-
veyance and easement under subsection (a), the City shall
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pay to the United States an amount equal to the fair mar-
ket value of the property to be conveyed and the fair mar-
ket value of the easement to be granted. The Secretary
shall determine fair market value, and such determination
shall be final.
(c) CONDITION OF CONVEYANCE.—The conveyance
authorized by subsection (a) shall be subject to the condi-
tion that the City may use the property conveyed only for
the following purposes:
(1) The maintenance, repair, storage, and
berthing of erosion control and beach replenishment
equipment and materiel, including a dredge.
(2) The berthing of police boats.
(3) The provision of operational and adminis-
trative personnel space related to the purposes speci-
fied in paragraphs (1) and (2).
(d) REVERSION.—All right, title and interest in and
to the property conveyed under subsection (a) (including
any improvements thereon) and the easement granted
under such subsection shall revert to the United States,
and the United States shall have the right of immediate
reentry on the property, if the Secretary determines—
(1) at any time, that the property conveyed
under subsection (a) is not being used for the pur-
poses specified in subsection (c); or
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(2) at the end of the 10-year period beginning
on the date of the conveyance, that no significant
improvements associated with such purposes have
been constructed on the property.
(e) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property to be conveyed under
subsection (a) and the easement to be granted under such
subsection shall be determined by a survey satisfactory to
the Secretary. The cost of such survey shall be borne by
the City.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance and easement under
subsection (a) as the Secretary determines are appropriate
to protect the interests of the United States.
SEC. 2827. RELEASE OF REVERSIONARY INTEREST, OLD
SPANISH TRAIL ARMORY, HARRIS COUNTY,
TEXAS.
(a) AUTHORITY TO RELEASE.—The Secretary of the
Army may release the reversionary interest of the United
States in and to approximately 6.89 acres of real property,
including improvements thereon, containing the Old Span-
ish Trail Armory in Harris County, Texas. The United
States acquired the reversionary interest by virtue of a
quitclaim deed dated June 18, 1936.
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(b) CONDITION.—The Secretary may effectuate the
release authorized in subsection (a) only after obtaining
satisfactory assurances that the State of Texas shall ob-
tain, in exchange for the real property referred to in sub-
section (a), a parcel of real property that—
(1) is at least equal in value to the real prop-
erty referred to in subsection (a), and
(2) beginning on the date on which the State
first obtains the new parcel of real property, is sub-
ject to the same restrictions and covenants with re-
spect to the United States as are applicable on the
date of the enactment of this Act to the real prop-
erty referred to in subsection (a).
(c) LEGAL DESCRIPTION OF REAL PROPERTY.—The
exact acreage and legal descriptions of the real property
referred to in subsection (a) shall be determined by a sur-
vey satisfactory to the Secretary.
SEC. 2828. LEASE AND JOINT USE OF CERTAIN REAL PROP-
ERTY, MARINE CORPS BASE, CAMP PENDLE-
TON, CALIFORNIA.
(a) LEASE AUTHORIZED.—The Secretary of the
Navy may lease to Tri-Cities Municipal Water District,
a special governmental district of the State of California
(in the section referred to as the ‘‘district’’), such interests
in real property located on, under, and within the northern
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(c) DETERMINATION OF FAIR MARKET VALUE.—The
Secretary shall establish a system of accounts to establish
the relative costs and benefits accruing to the district and
the United States under the lease under subsection (a)
and to ensure that the United States receives at least fair
market value, as determined by an independent appraisal
acceptable to the Secretary.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the lease under subsection (a) as
the Secretary determines are appropriate to protect the
interests of the United States.
SEC. 2829. LAND CONVEYANCE, CRANEY ISLAND FUEL
DEPOT, NAVAL SUPPLY CENTER, VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Navy may convey to the City of Portsmouth, Virginia,
(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 135.7 acres, in-
cluding improvements thereon, comprising a portion of the
Craney Island Fuel Depot, Naval Supply Center, Norfolk,
Virginia.
(b) CONDITIONS OF CONVEYANCE.—(1) Inasmuch as
the City has used the real property referred to in sub-
section (a) as a landfill while the property has been in
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the ownership of the United States, the conveyance au-
thorized by subsection (a) shall be subject to the condition
that the City of Portsmouth accept the property as is, not-
withstanding the requirements specified in section 120(h)
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9260(h)).
(2) Except as provided in paragraph (4), with respect
to the real property to be conveyed under subsection (a),
the United States shall not be subject to liability as a prior
owner or operator under section 107(a)(2) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(a)(2)), section
7003 of the Solid Waste Disposal Act (42 U.S.C. 6973),
or any similar State or local environmental liability law
or regulation with respect to any release of hazardous sub-
stances or petroleum products from the landfill situated
on such property or arising out of the City’s use of the
property to operate a landfill.
(3) Except as provided in paragraph (4), the indem-
nification provisions contained in the third proviso in the
undesignated paragraph under the heading ‘‘ENVIRON-
MENTAL RESTORATION, DEFENSE’’ in title II of the De-
partment of Defense Appropriations Act, 1993 (Public
Law 102–396; 106 Stat. 1883) shall not apply with re-
spect to the presence, release, or threatened release of haz-
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ardous substances, pollutants, or contaminants resulting
from the use of the real property to be conveyed under
subsection (a) by the City as a landfill.
(4) Nothing in paragraph (2) or (3) alters any liabil-
ity of the United States with respect to—
(A) releases of hazardous substances or petro-
leum products from properties other than the real
property to be conveyed under subsection (a); or
(2) sites 3 and 12 located within the real prop-
erty to be conveyed under subsection (a).
(c) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the City shall pay to the
United States an amount equal to the fair market value
of the real property to be conveyed. The Secretary shall
determine the fair market value of the property. Such de-
termination shall be final.
(d) DEPOSIT OF PROCEEDS.—The Secretary shall de-
posit amounts received as consideration for the conveyance
under subsection (a) in the special account established
pursuant to section 204(h) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(h)).
(e) 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 City.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
the Secretary considers to be necessary to protect the in-
terests of the United States and are agreed to by the City.
SEC. 2830. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Navy may convey to Peck Iron and Metal Company,
Inc. (in this section referred to as ‘‘Peck’’), all right, title,
and interest of the United States in and to a parcel of
real property consisting of approximately 1.45 acres, in-
cluding improvements thereon, located in Portsmouth,
Virginia, that, on the date of the enactment of this Act,
is leased to Peck pursuant to Department of the Navy
lease N62470–91–RP–00261, effective August 1, 1991.
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), Peck 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.
(c) USE OF PROCEEDS.—The Secretary shall deposit
the amount received from Peck under subsection (b) in
the special account established pursuant to section 204(h)
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of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 485(h)).
(d) CONDITIONS.—Inasmuch as Peck has been the
only occupant of the property referred to in subsection (a)
while the property has been in the ownership of the United
States, the conveyance authorized by subsection (a) shall
be subject to the conditions that—
(1) Peck accept the property as is, notwith-
standing section 120(h) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9620(h)); and
(2) Peck indemnify the United States against
all liability in connection with any hazardous mate-
rials, substances, or conditions which may be found
on the property.
(e) 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 Peck.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
the Secretary determines appropriate to protect the inter-
ests of the United States.
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SEC. 2834. TRANSFER OF NATURAL GAS DISTRIBUTION SYS-
TEM AT FORT BELVOIR, VIRGINIA, TO THE
WASHINGTON GAS COMPANY.
(a) CONVEYANCE.—Subject to subsection (b), the
Secretary of the Army may convey to the Washington Gas
Company, Virginia, all right, title, and interest of the
United States in the following real property natural gas
system:
(1) All Government-owned utility fixtures,
structures, and improvements used to provide natu-
ral gas service to Fort Belvoir, Virginia, without the
underlying fee (land).
(2) Transfer includes a natural gas distribution
system consisting of approximately 15.6 miles of
natural gas distribution lines and other improve-
ments thereon and appurtenances thereto at Fort
Belvoir, Virginia.
(3) A utility easement and right of way appur-
tenant which may be necessary or appropriate to
provide for ingress and egress to and from the natu-
ral gas system and to satisfy any buffer zone re-
quirements imposed by any Federal or State agency.
(b) CONSIDERATION.—In consideration for the con-
veyance authorized in subsection (a), the Washington Gas
Company, shall—
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(1) accept the natural gas system to be con-
veyed under this section in its existing condition;
(2) provide natural gas service to Fort Belvoir,
Virginia, at a beneficial rate to the Government;
(3) comply with all applicable environmental
laws and regulations including any permit or license
requirements;
(4) not expand the existing on-post natural gas
distribution system unless approved by the Installa-
tion Commander or his or her designee;
(5) take over the responsibility for ownership,
maintenance, repair, safety inspections, and leak test
surveys for the entire Fort Belvoir natural gas dis-
tribution system; and
(6) upgrade natural gas system at no cost to
the Government based on anticipated fuel oil conver-
sions to natural gas.
(c) TERMS.—Conveyance specified in subsection (a)
shall be subject to negotiation by and approval of the Sec-
retary of the Army as determined by him to be in the best
interests of the United States.
(d) REVERSION.—If the Secretary of the Army deter-
mines at any time that the Washington Gas Company is
not complying with the conditions specified in this section,
all right, title, and interest in and to the natural gas sys-
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tem conveyed pursuant to subsection (a), including im-
provements to the natural gas system, shall revert to the
United States and the United States shall have the right
to access and operation of the natural gas system.
(e) DETERMINATION OF FAIR MARKET VALUE.—The
aggregate value of this transfer (value defined as benefits
to the Army), shall be certified by the Secretary to be of
equal or greater value than the fair market value of the
facility.
(f) DESCRIPTION OF PROPERTY.—The exact legal de-
scription of the equipment and facilities to be conveyed
pursuant to this section shall be determined by surveys
satisfactory to the Secretary. The cost of such surveys
shall be borne by the Washington Gas Company.
(g) ENVIRONMENTAL COMPLIANCE.—The Washing-
ton Gas Company, Virginia, shall be responsible for own-
ing, operating and installing natural gas distribution lines.
The Secretary of the Army will be responsible for clean-
up of any contaminated property prior to transfer pursu-
ant to the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
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SEC. 2832. TRANSFER OF WATER DISTRIBUTION SYSTEM AT
FORT LEE, VIRGINIA, TO THE AMERICAN
WATER COMPANY.
(a) CONVEYANCE.—Subject to subsection (b), the
Secretary of the Army may convey to the American Water
Company, Virginia, all right, title, and interest of the
United States in the following real property water system:
(1) All Government-owned utility fixtures,
structures, and improvements used to provide water
service and water distribution service to Fort Lee,
Virginia, without the underlying fee (land).
(2) Water system includes approximately 7
miles of transmission mains, 85 miles of distribution
and service lines, 416 fire hydrants, 3 elevated stor-
age tanks, 2 pumping stations and other improve-
ments thereon and appurtenances thereto at Fort
Lee, Virginia.
(3) A utility easement and right-of-way appur-
tenant which may be necessary or appropriate to
provide for ingress and egress to and from the water
system and to satisfy any buffer zone requirements
imposed by any Federal or State agency.
(b) CONSIDERATION.—In consideration for the con-
veyance authorized in subsection (a), the American Water
Company shall—
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(1) accept the water system to be conveyed
under this section in its existing condition;
(2) provide water service to Fort Lee, Virginia,
at a beneficial rate to the Government;
(3) comply with all applicable environmental
laws and regulations including any permit or license
requirements; and
(4) not expand the existing onpost water dis-
tribution system unless approved by the Installation
Commander or his or her designee.
(c) TERMS.—Conveyance specified in subsection (a)
shall be subject to negotiation by and approval of the Sec-
retary of the Army as determined by him to be in the best
interests of the United States.
(d) REVERSION.—If the Secretary of the Army deter-
mines at any time that the American Water Company is
not complying with the conditions specified in this section,
all right, title, and interest in and to the water system
conveyed pursuant to subsection (a), including improve-
ments to the water system, shall revert to the United
States and the United States shall have the right of access
and operation of the water system.
(e) DETERMINATION OF FAIR MARKET VALUE.—The
aggregate value of this transfer (value defined as benefits
to the Army), shall be certified by the Secretary to be of
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equal or greater value than the fair market value of the
facility.
(f) DESCRIPTION OF PROPERTY.—The exact legal de-
scription of the equipment and facilities to be conveyed
pursuant to this section shall be determined by surveys
satisfactory to the Secretary. The cost of such surveys will
be borne by the American Water Company.
(g) ENVIRONMENTAL COMPLIANCE.—The American
Water Company will be responsible for compliance with
all applicable environmental laws and regulations includ-
ing any permit or license requirements. The American
Water Company will be responsible for executing and con-
structing environmental betterments to the water system
as required by applicable law. The United States Army,
based on the availability of appropriated funding, will
share future environmental compliance costs based on a
pro rata share of the water distribution system as deter-
mined by the Secretary under subsection (c). The Army
will be responsible for cleanup of any contaminated prop-
erty prior to transfer pursuant to the Comprehensive En-
vironmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
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SEC. 2833. TRANSFER OF WASTE WATER TREATMENT FA-
CILITY AT FORT PICKETT, VIRGINIA, TO
BLACKSTONE, VIRGINIA.
(a) CONVEYANCE.—Subject to subsection (b), the
Secretary of the Army may convey to the town of Black-
stone, Virginia (in this section referred to as the ‘‘town’’),
all right, title, and interest of the United States in the
following real property waste water treatment facility:
(1) A parcel of real property consisting of ap-
proximately 11.5 acres, including a waste water
treatment facility and other improvements thereon
and appurtenances thereto at Fort Pickett, Virginia.
(2) All utility easements and right-of-way ap-
purtenant which may be necessary or appropriate to
provide for ingress and egress to and from the facil-
ity and to satisfy any buffer zone requirements im-
posed by any Federal or State agency.
(b) CONSIDERATION.—In consideration for the con-
veyance authorized in subsection (a), the town shall—
(1) design and construct an environmental up-
grade to the existing plant to meet environmental
standards;
(2) provide waste water treatment service to
Fort Pickett, Virginia, at a beneficial rate to the
Government;
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(3) comply with all applicable environmental
laws and regulations, including any permit or license
requirements;
(4) reserve 75 percent of the existing Fort
Pickett, Virginia, waste water plant capacity for the
Army’s use at Fort Pickett, Virginia, should a fu-
ture need arise due to force realignment and mission
requirements; and
(5) become responsible for future environmental
cleanup of the facility in accordance with the Com-
prehensive Environmental Response, Compensation
and Liability Act resulting from customers other
than the United States Army.
(c) TERMS.—Conveyance specified in subsection (a)
shall be subject to negotiation by and approval of the Sec-
retary of the Army as determined by him to be in the best
interests of the United States.
(d) REVERSION.—If the Secretary of the Army deter-
mines at any time that the town is not complying with
the conditions specified in this section, all right, title, and
interest in and to the waste water treatment system con-
veyed pursuant to subsection (a), including improvements
to the waste water treatment system, shall revert to the
United States and the United States shall have the right
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of access and operation of the waste water treatment sys-
tem.
(e) DETERMINATION OF FAIR MARKET VALUE.—The
aggregate value of this transfer (value defined as benefits
to the Army), shall be certified by the Secretary to be of
equal or greater value than the fair market value of the
facility.
(f) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property to be conveyed pursu-
ant to this section shall be determined by surveys satisfac-
tory to the Secretary. The cost of such surveys shall be
borne by the town.
(g) ENVIRONMENTAL COMPLIANCE.—The town shall
be responsible for compliance with all applicable environ-
mental laws and regulations including any permit or li-
cense requirements. The town shall also be responsible for
executing and constructing environmental betterments to
the plan as required by applicable law. The United States
Army based on the availability of appropriated funding
and the town will share future environmental compliance
costs based on a pro rata share of reserved plant capacity
as determined by the Secretary under subsection (c). The
Army will be responsible for cleanup of any contaminated
property prior to transfer pursuant to the Comprehensive
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Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
SEC. 2834. TRANSFER OF WATER DISTRIBUTION SYSTEM
AND 
RESERVOIR 
AT 
STEWART 
ARMY
SUBPOST TO NEW WINDSOR, NEW YORK.
(a) CONVEYANCE.—Subject to subsection (b), the
Secretary of the Army may convey to the town of New
Windsor, New York (in this section referred to as the
‘‘town’’), all right, title, and interest of the United States
in the following real property water system:
(1) All Government-owned utility fixtures,
structures, water reservoir, distribution plant, and
improvements currently used to provide water serv-
ice and water distribution service to Stewart Army
Subpost, New York, and the surrounding area, to in-
clude the underlying fee (land) of the reservoir and
the water treatment plan.
(2) Transfer also includes all water trans-
mission mains, water distribution and service lines,
fire hydrants, water pumping stations, and other im-
provements thereon and appurtenances thereto at
Stewart Army Subpost, New York.
(3) A utility easement and right-of-way appur-
tenant which may be necessary or appropriate to
provide for ingress and egress to and from the water
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system and to satisfy any buffer zone requirements
imposed by any Federal or State agency.
(b) CONSIDERATION.—In consideration for the con-
veyance authorized in subsection (a), the town shall—
(1) accept the water system to be conveyed
under this section in its existing conditions;
(2) provide water service to Stewart Army
Subpost, New York, at a beneficial rate to the Gov-
ernment;
(3) comply with all applicable environmental
laws and regulations including any permit or license
requirements; and
(4) not expand the existing on-post water serv-
ice system unless approved by the Installation Com-
mander or his or her designee.
(c) TERMS.—Conveyance specified in subsection (a)
shall be subject to negotiation by and approval of the Sec-
retary of the Army as determined by him to be in the best
interests of the United States.
(d) REVERSION.—If the Secretary of the Army deter-
mines at any time that the town is not complying with
the conditions specified in this section, all right, title, and
interest in and to the water system conveyed pursuant to
subsection (a), including improvements to the water sys-
tem, shall revert to the United States and the United
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States shall have the right of access and operation of the
water system.
(e) DETERMINATION OF FAIR MARKET VALUE.—The
aggregate value of this transfer (value defined as benefits
to the Army), shall be certified by the Secretary to be of
equal or greater value than the fair market value of the
facility.
(f) DESCRIPTION OF PROPERTY.—The exact legal de-
scription of the equipment and facilities to be conveyed
pursuant to this section shall be determined by surveys
satisfactory to the Secretary. The cost of such surveys will
be borne by the town.
(g) ENVIRONMENTAL COMPLIANCE.—The town will
be responsible for compliance with all applicable environ-
mental laws and regulations including any permit or li-
cense requirements. The town will be responsible for exe-
cuting and constructing environmental betterments to the
water system as required by applicable law. The United
States Army, based on the availability of appropriated
funding, will share future environmental compliance costs
based on a pro rata share of the water distribution system
as determined by the Secretary under subsection (c). The
Army will be responsible for cleanup of any contaminated
property prior to transfer pursuant to the Comprehensive
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Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
SEC. 2835. EXPANSION OF LAND TRANSACTION AUTHORITY
INVOLVING HUNTERS POINT NAVAL SHIP-
YARD, SAN FRANCISCO, CALIFORNIA.
Section 2824(a) of the Military Construction Author-
ization Act for Fiscal Year 1991 (division B of Public Law
101–510; 104 Stat. 1790) is amended by adding at the
end the following new paragraph:
‘‘(3) In lieu of entering into a lease under paragraph
(1), the Secretary may convey the property described in
such paragraph to the City (or a local reuse organization
approved by the City) for such consideration and under
such terms as the Secretary considers to be appropriate.’’.
SEC. 2836. MODIFICATION OF LEASE AUTHORITY, NAVAL
SUPPLY CENTER, OAKLAND, CALIFORNIA.
(a) EXPANSION OF LEASE AUTHORITY.—Paragraph
(1) of subsection (b) of section 2834 of the Military Con-
struction Authorization Act for Fiscal Year 1993 (division
B of Public Law 102–484; 106 Stat. 2614) is amended
by striking out ‘‘not more than 195 acres of real property’’
and all that follows through the period and inserting in
lieu thereof ‘‘those portions of the Naval Supply Center,
Oakland, California, that the Secretary determines to be
available for lease.’’.
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Plant, Iowa. The conveyance shall be made at the request
of the City.
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the City shall pay to the
United States an amount equal to the fair market value
of the property to be conveyed. The Secretary shall deter-
mine fair market value, and such determination shall be
final.
(c) LEGAL DESCRIPTION AND SURVEY.—The exact
acreage and legal description of the property authorized
to be conveyed under subsection (a) shall be determined
by a survey that is satisfactory to the Secretary.
(d) OTHER TERMS
AND CONDITIONS.—The Sec-
retary may require such other terms and conditions with
respect to the conveyance as the Secretary considers ap-
propriate to protect the interests of the United States.
SEC. 2838. TRANSFER OF ELECTRIC POWER DISTRIBUTION
SYSTEM AT NAVAL AIR STATION, ALAMEDA,
CALIFORNIA, TO THE CITY OF ALAMEDA BU-
REAU OF ELECTRICITY.
(a) CONVEYANCE.—The Secretary of the Navy may
convey to the Bureau of Electricity of the City of Alameda,
California (in this section referred to as the ‘‘Bureau’’),
all right, title, and interest of the United States in and
to the electric power distribution system located at the
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Naval Air Station, Alameda, California, including such
utility easements and right of ways as may be necessary
or appropriate to provide for ingress and egress to and
from the system.
(b) CONSIDERATION.—(1) As consideration for the
conveyance authorized in subsection (a), the Bureau
shall—
(A) accept the system to be conveyed under this
section in its existing condition;
(B) provide electric power to the Naval Air Sta-
tion at a beneficial rate to the Government;
(C) comply with all applicable environmental
laws and regulations, including any permit or license
requirements;
(D) not expand the existing system without the
approval of the Secretary; and
(E) take over the responsibility for ownership,
operation, maintenance, repair, and safety inspec-
tions for the system.
(c) TERMS.—Conveyance specified in subsection (a)
shall be subject to negotiation by and approval of the Sec-
retary.
(d) REVERSION.—If the Secretary determines at any
time that the Bureau is not complying with the conditions
specified in this section, all right, title, and interest in and
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to the system conveyed pursuant to subsection (a), includ-
ing improvements to the system, shall revert to the United
States and the United States shall have the right to access
and operation of the system.
(e) DETERMINATION OF FAIR MARKET VALUE.—The
aggregate value of this conveyance (value defined as bene-
fits to the Navy), shall be certified by the Secretary to
be of equal or greater value than the fair market value
of the system.
(f) DESCRIPTION OF PROPERTY.—The exact legal de-
scription of the equipment and facilities to be conveyed
under this section shall be determined by surveys satisfac-
tory to the Secretary. The cost of such surveys shall be
borne by the Bureau.
(g) 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 to be necessary to protect
the interests of the United States.
SEC. 2839. CONVEYANCE OF SURPLUS REAL PROPERTY,
FORT ORD, CALIFORNIA.
(a) CONVEYANCE.—The Secretary of the Army shall
convey to the Regents of the University of California and
the Trustees of the California State University (in this
section referred to as the ‘‘recipient institutions’’) all
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right, title, and interest of the United States in and to
certain parcels of real property located at Ford Ord, Cali-
fornia, and described in subsection (b). The conveyance
shall include all land and water rights applicable to the
parcels, all air quality permits to operate facilities and air
emission reduction credits applicable to the parcels, and
all infrastructure and improvements on the parcels.
(b) DESCRIPTION OF PARCELS.—The parcels to be
conveyed under subsection (a) shall either—
(1) substantially conform to the description of
the land and facilities in the Educational Public
Benefit Transfer Applications submitted by the re-
cipient institutions with regard to Fort Ord on or
before March 8, 1993, as supplemented or amended
through September 30, 1993; or
(2) consist of such alternative parcels as shall,
after negotiation, be mutually acceptable to the Sec-
retary and the recipient institutions.
(c) CONDITIONS.—The conveyance required by sub-
section (a) shall be subject to the following conditions:
(1) The recipient institutions shall accept the
conveyed parcels as is.
(2) The recipient institutions shall agree to pro-
vide the United States, its agents and assigns, ac-
cess to Fort Ord in order to conduct the ongoing
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Fort Ord Installation Restoration Program and to
comply with the responsibilities of the United States
under the amendments enacted by the Federal Facil-
ity Compliance Act of 1992 (Public Law 102–386;
106 Stat. 1505).
(3) The recipient institutions shall agree to en-
sure that they and their successors, agents, and as-
signs do not disrupt, destroy, or impede the remedial
actions performed at Fort Ord by the United States,
its agents or assigns.
(d) LEGAL
DESCRIPTIONS
AND
SURVEYS.—The
exact acreage and legal description of the parcels to be
conveyed under subsection (a) shall be determined by sur-
veys satisfactory to the Secretary. The cost of such sur-
veys shall be borne by the recipient institutions.
(e) 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 determines appropriate to protect the
interests of the United States.
Subtitle D—Other Matters
SEC. 2841. FLOOD CONTROL PROJECT.
(a) COYOTE AND BERRYESSA CREEKS, SANTA CLARA
COUNTY, CALIFORNIA.—The Secretary of the Army is di-
rected to construct a flood control project for Coyote and
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Berryessa Creeks in Santa Clara County, California, using
amounts appropriated for civil works activities of the
Corps of Engineers for fiscal year 1994.
(b) MAXIMUM COST REQUIREMENT.—Section 902 of
the Water Resources Development Act of 1986 (100 Stat.
4183) shall not apply with respect to the project described
in subsection (a).
SEC. 2842. USE OF ARMY CORPS OF ENGINEERS TO MAN-
AGE MILITARY CONSTRUCTION PROJECTS IN
HAWAII.
All military construction and military family housing
carried out in the State of Hawaii for the Armed Forces
and Defense Agencies using funds appropriated pursuant
to an authorization of appropriations contained in this di-
vision shall be designed and conducted through the use
of the Army Corps of Engineers.
SEC. 2843. SPECIAL RULE FOR MILITARY CONSTRUCTION
ON CERTAIN LANDS IN THE STATE OF HA-
WAII.
(a) CONSULTATION
AND CONCURRENCE.—In the
case of any military construction project in the State of
Hawaii to be carried out at a military installation located
on public lands that were ceded to the United States by
the Republic of Hawaii under the joint resolution of an-
nexation approved July 7, 1898 (30 Stat. 750), or that
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have been acquired in exchange for such lands, the Sec-
retary concerned may not enter into any obligation or
make any expenditure in connection with the project until
the Secretary concerned has—
(1) consulted with the Governor of the State of
Hawaii regarding the purpose and extent of the
project; and
(2) obtained the written concurrence of the
Governor to proceed with the project.
(b) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Secretary concerned’’ means—
(A) the Secretary of Defense, in the case
of military construction functions (including
military family housing functions) of the De-
partment of Defense, other than the military
departments; and
(B) the Secretary of a military depart-
ment, in the case of military construction func-
tions (including military family housing func-
tions) of that department.
(2) The term ‘‘military installation’’ means any
base, camp, post, station, yard, center, homeport fa-
cility for any ship, or other activity under the juris-
diction of the Department of Defense.
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(3) The term ‘‘military construction’’ has the
meaning given that term in section 2801(a) of title
10, United States Code.
(c) APPLICATION.—This section shall apply with re-
spect to military construction projects described in sub-
section (a) for which appropriated funds are first obligated
after the date of the enactment of this Act.
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) OPERATING EXPENSES.—Funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1994 for operating expenses incurred in car-
rying out weapons activities necessary for national secu-
rity programs in the amount of $3,662,954,000, to be allo-
cated as follows:
(1) 
For 
research 
and 
development,
$1,119,325,000.
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(2) For testing, $222,383,000.
(3) For stockpile support, $1,802,280,000.
(4) For program direction, $280,466,000.
(5) For complex reconfiguration, $138,500,000.
(6) For stockpile stewardship, $100,000,000.
(b) PLANT PROJECTS.—Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal
year 1994 for plant projects (including maintenance, res-
toration, planning, construction, acquisition, modification
of facilities, and the continuation of projects authorized
in prior years, and land acquisition related thereto) in car-
rying out weapons activities necessary for national secu-
rity programs as follows:
Project GPD–101, general plant projects,
various locations, $11,500,000.
Project GPD–121, general plant projects,
various locations, $7,700,000.
Project 94–D–102, nuclear weapons re-
search, development, and testing facilities revi-
talization, 
Phase 
V, 
various 
locations,
$11,110,000.
Project 94–D–124, hydrogen fluoride sup-
ply system, Oak Ridge Y–12 Plant, Oak Ridge,
Tennessee, $5,000,000.
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Project 94–D–125, upgrade life safety,
Kansas City Plant, Kansas City, Missouri,
$1,000,000.
Project 94–D–127, emergency notification
system, 
Pantex 
Plant, 
Amarillo, 
Texas,
$1,000,000.
Project 94–D–128, environmental safety
and health analytical laboratory, Pantex Plant,
Amarillo, Texas, $800,000.
Project 93–D–102, Nevada support facil-
ity, North Las Vegas, Nevada, $4,000,000.
Project 93–D–122, life safety upgrades,
Y–12 
Plant, 
Oak 
Ridge, 
Tennessee,
$5,000,000.
Project 93–D–123, complex–21, various lo-
cations, $25,000,000.
Project 92–D–102, nuclear weapons re-
search, development, and testing facilities revi-
talization, 
Phase 
IV, 
various 
locations,
$27,479,000.
Project 92–D–126, replace emergency noti-
fication 
systems, 
various 
locations,
$10,500,000.
Project 90–D–102, nuclear weapons re-
search, development, and testing facilities revi-
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talization, 
Phase 
III, 
various 
locations,
$30,805,000.
Project 88–D–106, nuclear weapons re-
search, development, and testing facilities revi-
talization, 
Phase 
II, 
various 
locations,
$39,624,000.
Project 88–D–122, facilities capability as-
surance 
program, 
various 
locations,
$27,100,000.
Project 88–D–123, security enhancements,
Pantex Plant, Amarillo, Texas, $20,000,000.
(c) CAPITAL EQUIPMENT.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1994 for capital equipment not related to con-
struction in carrying out weapons activities necessary for
national 
security 
programs 
in 
the 
amount 
of
$123,034,000, to be allocated as follows:
(1) 
For 
research 
and 
development,
$82,879,000.
(2) For testing, $24,400,000.
(3) For stockpile support, $12,136,000.
(4) For program direction, $3,619,000.
(d) ADJUSTMENTS FOR SAVINGS.—The total amount
authorized to be appropriated pursuant to this section is
the sum of the amounts specified in subsections (a)
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through (c) reduced by $420,641,000 for use of prior year
balances.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) OPERATING EXPENSES.—Funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1994 for operating expenses incurred in car-
rying out environmental restoration and waste manage-
ment activities necessary for national security programs
in the amount of $4,832,213,000, to be allocated as fol-
lows:
(1) For corrective activities, $2,170,000.
(2) 
For 
environmental 
restoration,
$1,536,027,000.
(3) For waste management, $2,275,441,000.
(4) For technology development, $371,150,000.
(5) 
For 
transportation 
management,
$19,730,000.
(6) For program direction, $82,427,000.
(7) For facility transition, $545,268,000.
(b) PLANT PROJECTS.—Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal
year 1994 for plant projects (including maintenance, res-
toration, planning, construction, acquisition, modification
of facilities, and the continuation of projects authorized
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in prior years, and land acquisition related thereto) in car-
rying out environmental restoration and waste manage-
ment activities necessary for national security programs
as follows:
Project GPD–171, general plant projects, var-
ious locations, $49,015,000.
Project 94–D–122, underground storage tanks,
Rocky Flats, Colorado, $700,000.
Project 94–D–400, high explosive wastewater
treatment system, Los Alamos National Laboratory,
Los Alamos, New Mexico, $1,000,000.
Project 94–D–401, emergency response facility,
Idaho National Engineering Laboratory, Idaho,
$1,190,000.
Project 94–D–402, liquid waste treatment sys-
tem, Nevada Test Site, Nevada, $491,000.
Project 94–D–404, Melton Valley storage tank
capacity increase, Oak Ridge National Laboratory,
Oak Ridge, Tennessee, $9,400,000.
Project 94–D–405, central neutralization facil-
ity pipeline extension project, K–25, Oak Ridge,
Tennessee, $1,714,000.
Project 94–D–406, low-level waste disposal fa-
cilities, K–25, Oak Ridge, Tennessee, $6,000,000.
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Project 94–D–407, initial tank retrieval sys-
tems, Richland, Washington, $7,000,000.
Project 94–D–408, office facilities—200 East,
Richland, Washington, $1,200,000.
Project 94–D–411, solid waste operation com-
plex, Richland, Washington, $7,100,000.
Project 94–D–412, 300 area process sewer pip-
ing upgrade, Richland, Washington, $1,100,000.
Project 94–D–414, site 300 explosive waste
storage facility, Lawrence Livermore National Lab-
oratory, Livermore, California, $370,000.
Project 94–D–415, medical facilities, Idaho Na-
tional Engineering Laboratory, Idaho, $1,110,000.
Project 94–D–416, solvent storage tanks instal-
lation, Savannah River, South Carolina, $1,500,000.
Project 94–D–417, intermediate level and low
activity waste vaults, Savannah River Site, Aiken,
South Carolina, $1,000,000.
Project 94–D–451, infrastructure replacement,
Rocky Flats Plant, Golden, Colorado, $6,600,000.
Project 93–D–172, electrical upgrade, Idaho
National 
Engineering 
Laboratory, 
Idaho,
$9,600,000.
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Project 93–D–174, plant drain waste water
treatment upgrades, Y–12 Plant, Oak Ridge, Ten-
nessee, $3,500,000.
Project 93–D–175, industrial waste compaction
facility, 
Y–12 
Plant, 
Oak 
Ridge, 
Tennessee,
$1,800,000.
Project 93–D–176, Oak Ridge reservation stor-
age facility, K–25 Plant, Oak Ridge, Tennessee,
$6,039,000.
Project 93–D–177, disposal of K–1515 sanitary
water treatment plant waste, K–25 Plant, Oak
Ridge, Tennessee, $7,100,000.
Project 93–D–178, building 374 liquid waste
treatment facility, Rocky Flats, Golden, Colorado,
$1,000,000.
Project 93–D–181, radioactive liquid waste line
replacement, Richland, Washington, $6,700,000.
Project 93–D–182, replacement of cross-site
transfer system, Richland, Washington, $6,500,000.
Project 93–D–183, multi-tank waste storage fa-
cility, Richland, Washington, $52,615,000.
Project 93–D–184, 325 facility compliance/ren-
ovation, Richland, Washington, $3,500,000.
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Project 93–D–185, landlord program safety
compliance, 
Phase 
II, 
Richland, 
Washington,
$1,351,000.
Project 93–D–187, high-level waste removal
from filled waste tanks, Savannah River, Aiken,
South Carolina, $13,230,000.
Project 93–D–188, new sanitary landfill, Sa-
vannah River, Aiken, South Carolina, $1,020,000.
Project 92–D–125, master safeguards and secu-
rity agreement/materials surveillance task force se-
curity upgrades, Rocky Flats Plant, Golden, Colo-
rado, $3,900,000.
Project 92–D–172, hazardous waste treatment
and processing facility, Pantex Plant, Amarillo,
Texas, $300,000.
Project 92–D–173, nitrogen oxide abatement
facility, Idaho Chemical Processing Plant, Idaho Na-
tional Engineering Laboratory, Idaho, $10,000,000.
Project 92–D–177, tank 101–AZ waste re-
trieval system Richland, Washington, $7,000,000.
Project 92–D–181, INEL fire and life safety
improvements, Idaho National Engineering Labora-
tory, Idaho, $5,000,000.
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Project 92–D–182, INEL sewer system up-
grade, Idaho National Engineering Laboratory,
Idaho, $1,450,000.
Project 92–D–183, INEL transportation com-
plex, Idaho National Engineering Laboratory, Idaho,
$7,198,000.
Project 92–D–184, Hanford infrastructure un-
derground storage tanks, Richland, Washington,
$300,000.
Project 92–D–186, steam system rehabilitation,
Phase II, Richland, Washington, $4,300,000.
Project 92–D–187, 300 area electrical distribu-
tion, conversion, and safety improvements, Phase II,
Richland, Washington, $10,276,000.
Project 92–D–188, waste management ES&H,
and 
compliance 
activities, 
various 
locations,
$8,568,000.
Project 92–D–403, tank upgrade project, Law-
rence Livermore National Laboratory, California,
$3,888,000.
Project 91–D–171, waste receiving and process-
ing facility, module 1, Richland, Washington,
$17,700,000.
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Project 91–D–175, 300 area electrical distribu-
tion, conversion, and safety improvements, Phase I,
Richland, Washington, $1,500,000.
Project 90–D–172, aging waste transfer line,
Richland, Washington, $5,600,000.
Project 90–D–175, landlord program safety
compliance–I, Richland, Washington, $1,800,000.
Project 90–D–177, RWMC transuranic (TRU)
waste characterization and storage facility, Idaho
National 
Engineering 
Laboratory, 
Idaho,
$21,700,000.
Project 89–D–172, Hanford environmental
compliance, Richland, Washington, $11,700,000.
Project 89–D–173, tank farm ventilation up-
grade, Richland, Washington, $1,800,000.
Project 89–D–174, replacement high-level waste
evaporator, 
Savannah 
River, 
South 
Carolina,
$23,974,000.
Project 
89–D–175, 
hazardous 
waste/mixed
waste disposal facility, Savannah River, South Caro-
lina, $7,000,000.
Project 88–D–173, Hanford waste vitrification
plant, Richland, Washington, $85,000,000.
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Project 87–D–181, diversion box and pump pit
containment buildings, Savannah River, South Caro-
lina, $2,137,000.
Project 86–D–103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, California, $10,260,000.
Project 83–D–148, nonradioactive hazardous
waste management, Savannah River, South Caro-
lina, $9,769,000.
Project 81–T–105, defense waste processing fa-
cility, Savannah River, South Carolina, $43,873,000.
(c) CAPITAL EQUIPMENT.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1994 for capital equipment not related to con-
struction in carrying out environmental restoration and
waste management activities necessary for national secu-
rity programs in the amount of $203,826,000, to be allo-
cated as follows:
(1) For corrective activities, $600,000.
(2) For waste management, $138,781,000.
(3) For technology development, $29,850,000.
(4) For transportation management, $400,000.
(5) For program direction, $9,469,000.
(6) For facility transition and management,
$24,726,000.
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(d) ADJUSTMENTS.—The total amount authorized to
be appropriated pursuant to this section is the sum of the
amounts specified in subsections (a) through (c) reduced
by $299,100,000 for use of prior year balances and for
a general reduction.
SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DE-
FENSE PROGRAMS.
(a) OPERATING EXPENSES.—Funds are hereby au-
thorized to be appropriated to the Department of Energy
for fiscal year 1994 for operating expenses incurred in car-
rying out nuclear materials support and other defense pro-
grams necessary for national security programs in the
amount of $2,226,039,000, to be allocated as follows:
(1) 
For 
nuclear 
materials 
support,
$901,166,000.
(2) For verification and control technology,
$349,741,000.
(3) For nuclear safeguards and security,
$86,246,000.
(4) For security investigations, $53,335,000.
(5) For security evaluations, $14,961,000.
(6) For nuclear safety, $24,859,000.
(7) For worker training and adjustment,
$100,000,000.
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(8) For naval reactors, including enrichment
materials, $695,731,000.
(b) PLANT PROJECTS.—Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal
year 1994 for plant projects (including maintenance, res-
toration, planning, construction, acquisition, modification
of facilities, and the continuation of projects authorized
in prior years, and land acquisition related thereto) in car-
rying out nuclear materials production and other defense
programs necessary for national security programs as fol-
lows:
(1) For materials support:
Project GPD–146, general plant projects,
various locations, $31,760,000.
Project 93–D–147, domestic water system
upgrade, Phases I and II, Savannah River,
South Carolina, $7,720,000.
Project 93–D–148, replace high-level drain
lines, 
Savannah 
River, 
South 
Carolina,
$1,800,000.
Project 93–D–152, environmental modi-
fication for production facilities, Savannah
River, South Carolina, $20,000,000.
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Project 92–D–140, F&H canyon exhaust
upgrades, Savannah River, South Carolina,
$15,000,000.
Project 92–D–142, nuclear material proc-
essing training center, Savannah River, South
Carolina, $8,900,000.
Project 92–D–143, health protection in-
strument calibration facility, Savannah River,
South Carolina, $9,600,000.
Project 92–D–150, operations support fa-
cilities, 
Savannah 
River, 
South 
Carolina,
$26,900,000.
Project 92–D–153, engineering support fa-
cility, 
Savannah 
River, 
South 
Carolina,
$9,500,000.
Project 90–D–149, plantwide fire protec-
tion, Phases I and II, Savannah River, South
Carolina, $25,950,000.
Project 86–D–149, productivity retention
program, Phases I, II, III, IV, V, and VI, var-
ious locations, $3,700,000.
(2) For verification and control technology:
Project 90–D–186, center for national se-
curity and arms control, Sandia National Lab-
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oratories, 
Albuquerque, 
New 
Mexico,
$8,515,000.
(3) For naval reactors development:
Project GPN–101, general plant projects,
various locations, $7,500,000.
Project 93–D–200, engineering services fa-
cilities, Knolls Atomic Power Laboratory,
Niskayuna, New York, $7,000,000.
Project 92–D–200, laboratories facilities
upgrades, various locations, $2,800,000.
Project 90–N–102, expended core facility
dry cell project, Naval Reactors Facility, Idaho,
$7,800,000.
(c) CAPITAL EQUIPMENT.—Funds are hereby author-
ized to be appropriated to the Department of Energy for
fiscal year 1994 for capital equipment not related to con-
struction in carrying out nuclear materials production and
other defense programs necessary for national security
programs as follows:
(1) For materials support, $75,209,000.
(2) For verification and control technology,
$15,573,000.
(3) For nuclear safeguards and security,
$4,101,000.
(4) For nuclear safety, $50,000.
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(5) For naval reactors, $46,900,000.
(d) ADJUSTMENTS.—The total amount that may be
appropriated pursuant to this section is the sum of the
amounts specified in subsections (a) through (c)—
(1) reduced by—
(A) $100,000,000, for recovery of overpay-
ment to the Savannah River Pension Fund;
(B) $251,065,000, for use of prior year
balances for materials support and other de-
fense programs;
(C) $100,067,000, for use of prior year
balances for the new production reactor; and
(D) $110,000,000, for a general reduction;
and
(2) increased by $58,000,000 for education pro-
grams.
(e) ECONOMIC ADJUSTMENT ASSISTANCE.—Of the
amount provided under subsection (a)(7) for worker train-
ing and adjustment, $6,000,000 shall be available for pro-
viding economic assistance and development funding for
local counties or localities containing the property of the
Department of Energy defense nuclear facility known as
the Savannah River Site. To the extent practicable, the
amount of assistance to be provided should be distributed
as follows:
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(1) $1,000,000 to plan community adjustments
and economic diversification.
(2) $5,000,000 to carry out a community ad-
justments and economic diversification program.
(f) USE OF TECHNOLOGY TRANSFER FUNDS AT THE
SAVANNAH RIVER SITE.—Of amounts authorized to be
appropriated in section 3101 for research and develop-
ment and in this section for nuclear materials support and
other defense programs, there are hereby authorized to be
appropriated $4,000,000 for technology transfer activities
at the Department of Energy defense production facility
at the Savannah River Site, South Carolina.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are authorized to be appropriated to the De-
partment of Energy for fiscal year 1994 for operating ex-
penses incurred in carrying out the nuclear waste fund
program in the amount of $120,000,000.
SEC. 3105. FUNDING USES AND LIMITATIONS.
(a) DEFENSE INERTIAL CONFINEMENT FUSION PRO-
GRAM.—Of the funds authorized to be appropriated to the
Department of Energy for fiscal year 1994 for operating
expenses and plant and capital equipment, $188,413,000
shall be available for the defense inertial confinement fu-
sion program.
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(b) PAYMENT OF PENALTY.—The Secretary of En-
ergy may pay to the Hazardous Substance Superfund,
from funds appropriated to the Department of Energy for
environmental restoration and waste management activi-
ties pursuant to section 3102, a stipulated civil penalty
in the amount of $100,000 assessed in accordance with
Article XIX of the Hanford Consent Agreement and Com-
pliance Order.
(c) CERTAIN WATER MANAGEMENT PROGRAMS.—
From funds authorized to be appropriated pursuant to
section 3102 to the Department of Energy for environ-
mental restoration and waste management activities, the
Secretary of Energy may reimburse the cities of West-
minster, Broomfield, Thornton, and Northglen, in the
State of Colorado, $11,300,000 for the cost of implement-
ing water management programs.
(d) TECHNOLOGY TRANSFER ACTIVITIES.—(1)(A)
The Secretary of Energy may use for technology transfer
activities described in subparagraph (B) funds appro-
priated or otherwise made available to the Department of
Energy for fiscal year 1994 for stockpile support under
section 3101 and for nuclear materials support and other
defense programs under section 3103.
(B) The technology transfer activities that may be
funded under this paragraph are those that are deter-
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mined by the Secretary of Energy to facilitate the mainte-
nance and enhancement of critical skills required for re-
search on, and development of, any dual-use critical tech-
nology.
(2) The Secretary of Energy shall conduct the tech-
nology transfer activities funded under paragraph (1) in
accordance with applicable laws and regulations relating
to grants, contracts, and cooperative agreements of the
Department of Energy, including the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et
seq.), the National Competitiveness Technology Transfer
Act of 1989 (Public Law 101–189; 103 Stat. 1674), and
section 3136 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102–190;
105 Stat. 1577).
(3) For purposes of this subsection, the term ‘‘dual-
use critical technology’’ has the meaning given that term
by section 3136(b) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–
190; 105 Stat. 1577).
(4) Section 12(d) of the Stevenson-Wydler Act of
1980 (15 U.S.C. 3710a(d)) is amended—
(A) in paragraph (2)(B)—
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on the underground testing of a nuclear weapon by
the United States.
(B) The use of low-yield nuclear weapons
threatens to blur the distinction between nuclear and
non-nuclear conflict.
(2) It shall be the policy of the United States not
to conduct research and development of new low-yield nu-
clear weapons, including the precision low-yield warhead.
(3) No funds appropriated pursuant to this Act or
any other Act in any fiscal year may be used to conduct
or provide for the research and development of any low-
yield nuclear weapon which, as of the date of the enact-
ment of this Act, has not entered production.
(4) In this subsection, the term ‘‘low-yield nuclear
weapon’’ means a nuclear weapon that has a yield of less
than five kilotons.
Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) NOTICE TO CONGRESS.—
(1) Except as otherwise provided in this title—
(A) no amount appropriated pursuant to
this title may be used for any program in excess
of the lesser of—
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(i) 105 percent of the amount author-
ized for that program by this title; or
(ii) 
$10,000,000 
more 
than 
the
amount authorized for that program by
this title; and
(B) no amount appropriated pursuant to
this title may be used for any program which
has not been presented to, or requested of, the
Congress.
(2) An action described in paragraph (1) may
not be taken until—
(A) the Secretary of Energy has submitted
to the congressional defense committees a re-
port containing a full and complete statement
of the action proposed to be taken and the facts
and circumstances relied upon in support of
such proposed action; and
(B) a period of 30 days has elapsed after
the date on which the report is received by the
committees.
(3) In the computation of the 30-day period
under paragraph (2), there shall be excluded any
day on which either House of Congress is not in ses-
sion because of an adjournment of more than 3 cal-
endar days to a day certain.
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(b) LIMITATION ON AMOUNT OBLIGATED.—In no
event may the total amount of funds obligated pursuant
to this title exceed the total amount authorized to be ap-
propriated by this title.
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 provisions authorized by this title if the total esti-
mated cost of the construction project does not exceed
$1,200,000.
(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 $1,200,000, 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 paragraph (2), con-
struction on a construction project may not be start-
ed or additional obligations incurred in connection
with the project above the total estimated cost,
whenever the current estimated cost of the construc-
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tion project, which is authorized by sections 3101,
3102, 3103, and 3104 of this title, or which is in
support of national security programs of the Depart-
ment of Energy and was authorized by any previous
Act, exceeds by more than 25 percent the higher
of—
(A) the amount authorized for the project;
or
(B) the amount of the total estimated cost
for the project as shown in the most recent
budget justification data submitted to Congress.
(2) An action described in paragraph (1) may
be taken if—
(A) the Secretary of Energy has submitted
to the congressional defense committees a re-
port on the actions and the circumstances mak-
ing such actions necessary; and
(B) a period of 30 days has elapsed after
the date on which the report is received by the
committees.
(3) In the computation of the 30-day period
under paragraph (2), there shall be excluded any
day on which either House of Congress is not in ses-
sion because of an adjournment of more than 3 cal-
endar days to a day certain.
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(b) EXCEPTION.—Subsection (a) shall not apply to
any construction project which has a current estimated
cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
Funds appropriated pursuant to this title may be
transferred to other agencies of the Government for the
performance of the work for which the funds were appro-
priated, and funds so transferred may be merged with the
appropriations of the agency to which the funds are trans-
ferred.
SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.
(a) IN GENERAL.—
(1) Within the amounts authorized by this title
for plant engineering and design, the Secretary of
Energy may carry out advance planning and con-
struction design (including architectural and engi-
neering services) in connection with a proposed con-
struction project for a national security program if
the total estimated cost for such planning and de-
sign does not exceed $2,000,000.
(2) In the case of any such project in which the
total estimated cost for advance planning and design
exceeds $300,000, the Secretary shall notify the con-
gressional defense committees in writing of the de-
tails of such project at least 30 days before any
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funds are obligated for design services for such
project.
(b) SPECIFIC AUTHORITY REQUIRED.—In any case
in which the total estimated cost for advance planning and
construction design in connection with any such construc-
tion project exceeds $2,000,000, funds for such planning
and design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy, includ-
ing those funds authorized to be appropriated for advance
planning and construction design under sections 3101,
3102, 3103, 3104, to perform planning, design, and con-
struction activities for any Department of Energy defense
activity construction project that, as determined by the
Secretary, must proceed expeditiously in order to protect
public health and safety, meet the needs of national de-
fense, or protect property.
(b) LIMITATION.—The Secretary may not exercise
the authority under subsection (a) in the case of any con-
struction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making such activities necessary.
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(c) SPECIFIC AUTHORITY.—The requirement of sec-
tion 3125(b) does not apply to emergency planning, de-
sign, and construction activities conducted under this sec-
tion.
(d) REPORT.—The Secretary of Energy shall prompt-
ly report to the congressional defense committees any ex-
ercise of authority under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriation Acts and
section 3121, amounts appropriated pursuant to this title
for management and support activities and for general
plant projects are available for use, when necessary, in
connection with all national security programs of the De-
partment of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operating expenses or for plant and cap-
ital equipment may remain available until expended.
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Subtitle C—Other Provisions
SEC. 3131. IMPROVED CONGRESSIONAL OVERSIGHT OF DE-
PARTMENT OF ENERGY SPECIAL ACCESS
PROGRAMS.
(a) IN GENERAL.—Chapter 9 of the Atomic Energy
Act of 1954 (42 U.S.C. 2121 et seq.) is amended by add-
ing at the end the following new section:
‘‘SEC. 93. CONGRESSIONAL OVERSIGHT OF SPECIAL AC-
CESS PROGRAMS.
‘‘(a) ANNUAL REPORT ON SPECIAL ACCESS PRO-
GRAMS.—
‘‘(1) IN GENERAL.—Not later than February 1
of each year, the Secretary of Energy shall submit
to the congressional defense committees a report on
special access programs of the Department of En-
ergy carried out under the atomic energy defense ac-
tivities of the Department.
‘‘(2) MATTERS TO BE INCLUDED.—Each such
report shall set forth—
‘‘(A) the total amount requested for such
programs in the President’s budget for the next
fiscal year submitted under section 1105 of title
31, United States Code; and
‘‘(B) for each such program in that budget
the following:
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‘‘(i) A brief description of the pro-
gram.
‘‘(ii) A brief discussion of the major
milestones established for the program.
‘‘(iii) The actual cost of the program
for each fiscal year during which the pro-
gram has been conducted before the fiscal
year during which that budget is submit-
ted.
‘‘(iv) The estimated total cost of the
program and the estimated cost of the pro-
gram for (I) the current fiscal year, (II)
the fiscal year for which the budget is sub-
mitted, and (III) each of the four succeed-
ing fiscal years during which the program
is expected to be conducted.
‘‘(b) ANNUAL REPORT ON NEW SPECIAL ACCESS
PROGRAMS.—
‘‘(1) IN GENERAL.—Not later than February 1
of each year, the Secretary of Energy shall submit
to the congressional defense committees a report
that, with respect to each new special access pro-
gram, provides—
‘‘(A) notice of the designation of the pro-
gram as a special access program; and
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‘‘(B) justification for such designation.
‘‘(2) MATTERS
TO
BE
INCLUDED.—A report
under paragraph (1) with respect to a program shall
include—
‘‘(A) the current estimate of the total pro-
gram cost for the program; and
‘‘(B) an identification of existing programs
or technologies that are similar to the tech-
nology, or that have a mission similar to the
mission, of the program that is the subject of
the notice.
‘‘(3) NEW
SPECIAL
ACCESS
PROGRAM
DE-
FINED.—In this subsection, the term ‘new special
access program’ means a special access program
that has not previously been covered in a notice and
justification under this subsection.
‘‘(c) REPORTS ON CHANGES IN CLASSIFICATION OF
SPECIAL ACCESS PROGRAMS.—
‘‘(1) NOTICE
TO
CONGRESSIONAL
COMMIT-
TEES.—Whenever a change in the classification of a
special access program of the Department of Energy
is planned to be made or whenever classified infor-
mation concerning a special access program of the
Department of Energy is to be declassified and
made public, the Secretary of Energy shall submit to
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the congressional defense committees a report con-
taining a description of the proposed change, the
reasons for the proposed change, and notice of any
public announcement planned to be made with re-
spect to the proposed change.
‘‘(2) TIME FOR NOTICE.—Except as provided in
paragraph (3), any report referred to in paragraph
(1) shall be submitted not less than 14 days before
the date on which the proposed change or public an-
nouncement is to occur.
‘‘(3) TIME
WAIVER
FOR
EXCEPTIONAL
CIR-
CUMSTANCES.—If the Secretary determines that be-
cause of exceptional circumstances the requirement
of paragraph (2) cannot be met with respect to a
proposed change or public announcement concerning
a special access program of the Department of En-
ergy, the Secretary may submit the report required
by paragraph (1) regarding the proposed change or
public announcement at any time before the pro-
posed change or public announcement is made and
shall include in the report an explanation of the ex-
ceptional circumstances.
‘‘(d) NOTICE OF CHANGE IN SAP DESIGNATION CRI-
TERIA.—Whenever there is a modification or termination
of the policy and criteria used for designating a program
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of the Department of Energy as a special access program,
the Secretary of Energy shall promptly notify the congres-
sional defense committees of such modification or termi-
nation. Any such notification shall contain the reasons for
the modification or termination and, in the case of a modi-
fication, the provisions of the policy as modified.
‘‘(e) WAIVER AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary of Energy
may waive any requirement under subsection (a),
(b), or (c) that certain information be included in a
report under that subsection if the Secretary deter-
mines that inclusion of that information in the re-
port would adversely affect the national security.
Any such waiver shall be made on a case-by-case
basis.
‘‘(2) LIMITED NOTICE REQUIRED.—If the Sec-
retary exercises the authority provided under para-
graph (1), the Secretary shall provide the informa-
tion described in that subsection with respect to the
special access program concerned, and the justifica-
tion for the waiver, jointly to the chairman and
ranking minority member of each of the congres-
sional defense committees.
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‘‘(f) REPORT AND WAIT FOR INITIATING NEW PRO-
GRAMS.—A special access program may not be initiated
until—
‘‘(1) the congressional defense committees are
notified of the program; and
‘‘(2) a period of 30 days elapses after such noti-
fication is received.
‘‘(g) CONGRESSIONAL DEFENSE COMMITTEES DE-
FINED.—In this section, the term ‘congressional defense
committees’ means the Committees on Armed Services
and the Committees on Appropriations of the Senate and
House of Representatives.’’.
(b) CLERICAL AMENDMENT.—The table of contents
at the beginning of the Atomic Energy Act of 1954 is
amended by inserting after the item relating to section 92
the following new item:
‘‘Sec. 93. Congressional oversight of special access programs.’’.
SEC. 3132. BASELINE ENVIRONMENTAL MANAGEMENT RE-
PORTS.
(a) ENVIRONMENTAL RESTORATION REPORT.—At
the same time the President submits to the Congress the
budget for each fiscal year, the Secretary of Energy shall
submit to the Congress a report on the activities and
projects necessary to complete the environmental restora-
tion of all Department of Energy defense nuclear facilities
not later than the year 2019.
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(b) WASTE MANAGEMENT REPORT.—Not later than
30 days after the date on which the President submits
to the Congress the budget for each fiscal year, the Sec-
retary of Energy shall submit to the Congress a report
on all activities and projects for waste management, de-
contamination and decommissioning, and technology re-
search and development that are necessary for Depart-
ment of Energy defense nuclear facilities through the year
2019.
(c) CONTENTS
OF REPORTS.—A report required
under subsection (a) or (b) shall be based on compliance
with all applicable provisions of law and shall—
(1) provide the estimated total cost of, and the
complete schedule for, the activities and projects
covered by the report; and
(2) with respect to each such activity and
project, contain—
(A) a description of the activity or project;
(B) a description of the problem addressed
by the activity or project;
(C) the proposed remediation of the prob-
lem, if the remediation is known or decided;
(D) the estimated cost to complete the ac-
tivity or project, including, where appropriate,
the cost for every five-year increment; and
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(E) the estimated date for completion of
the project or activity, including, where appro-
priate, progress milestones for every five-year
increment.
(d) ANNUAL STATUS AND VARIANCE REPORT.—(1)
The Secretary of Energy shall annually submit to the Con-
gress, at the same time the President submits to the Con-
gress the budget for a fiscal year (pursuant to section
1105 of title 31, United States Code), a status and vari-
ance report on environmental restoration and waste man-
agement activities and projects at Department of Energy
defense nuclear facilities. The status and variance report
shall contain the following:
(A) Information on each such activity and
project for which funds were appropriated for the
fiscal year immediately prior to the fiscal year dur-
ing which the status report is submitted, including
the following:
(i) Information on whether or not the ac-
tivity or project has been completed, and infor-
mation on the estimated date of completion for
activities or projects that have not been com-
pleted.
(ii) The total amount of funds expended
for the activity or project, including the amount
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of funds expended from amounts made available
as the result of supplemental appropriations or
a transfer of funds, and an estimate of the total
amount of funds required to complete the activ-
ity or project.
(iii) Information on whether the President
requested in the budget an amount of funds for
the activity or project for the fiscal year during
which the status report is submitted, and
whether such funds were appropriated or trans-
ferred.
(iv) An explanation of the reasons for any
projected cost variance of more than 10 percent
or $10,000,000, or any schedule delay of more
than six months, for the activity or project.
(B) A disaggregation of the funds appropriated
for Department of Energy defense environmental
restoration and waste management, for the fiscal
year during which the status report is submitted,
into the activities and projects (including discrete
parts of multi-year activities and projects) that the
Secretary of Energy expects to accomplish during
that fiscal year.
(C) A disaggregation of the Department of En-
ergy defense environmental restoration and waste
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management budget request for the fiscal year for
which the budget is submitted into the activities and
projects (including discrete parts of multi-year ac-
tivities and projects) that the Secretary of Energy
expects to accomplish during that fiscal year.
(2) The first annual report required under paragraph
(1) shall be submitted at the same time the President sub-
mits to the Congress the budget for fiscal year 1995. A
subsequent annual report under this subsection shall be
submitted for each fiscal year following fiscal year 1995
during which the Secretary of Energy conducts environ-
mental restoration activities and projects.
(e) COMPLIANCE TRACKING.—In preparing a report
under this section, the Secretary of Energy shall provide
with respect to each activity and project identified in the
report information which is sufficient to track the Depart-
ment of Energy’s compliance with relevant Federal and
State regulatory milestones.
SEC. 3133. EXPANSION OF AUTHORITY TO LOAN PERSON-
NEL AND FACILITIES.
(a) AUTHORITY TO LOAN PERSONNEL.—Subsection
(a)(1)(A) of section 1434 of the National Defense Author-
ization Act, Fiscal Year 1989 (Public Law 100–456; 102
Stat. 2074) is amended—
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(1) in clause (i), by striking out ‘‘and’’ after the
semicolon;
(2) in clause (ii), by striking out the period and
inserting in lieu thereof ‘‘; and’’; and
(3) by adding after clause (ii) the following new
clause:
‘‘(iii) at the Savannah River Site, South Caro-
lina, to loan personnel in accordance with this sec-
tion to the community development organization
known as the Savannah River Regional Diversifica-
tion Initiative.’’.
(b) PURPOSE.—Subsection (a)(1)(B) of such section
is amended by striking out ‘‘the Hanford Reservation and
the Idaho National Engineering Laboratory’’ and insert-
ing in lieu thereof ‘‘the Hanford Reservation, the Idaho
National Engineering Laboratory, and the Savannah
River Site’’.
(c) AUTHORITY TO LOAN FACILITIES.—Subsection
(b) of such section is amended by striking out ‘‘or the
Idaho National Engineering Laboratory, Idaho,’’ and in-
serting in lieu thereof ‘‘the Idaho National Engineering
Laboratory, Idaho, and the Savannah River Site, South
Carolina,’’.
(d) DURATION OF PROGRAM.—Subsection (c) of such
program is amended by striking out ‘‘terminate on’’ and
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all that follows through the period and inserting in lieu
thereof the following: ‘‘terminate on—
‘‘(1) September 30, 1993, with respect to the
Hanford Reservation;
‘‘(2) September 30, 1994, with respect to the
Idaho National Engineering Laboratory; and
‘‘(3) September 30, 1995, with respect to the
Savannah River Site.’’.
SEC. 3134. MODIFICATION OF PAYMENT PROVISION.
Section 1532(a) of the Department of Defense Au-
thorization Act, 1986 (42 U.S.C. 2391 note), is amended
by striking out ‘‘1996’’ and inserting in lieu thereof
‘‘1995’’.
SEC. 3135. STOCKPILE STEWARDSHIP PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Energy
shall establish a stewardship program to ensure the pres-
ervation of the core intellectual and technical competencies
of the United States in nuclear weapons, including weap-
ons design, system integration, manufacturing, security,
use control, reliability assessment, and certification.
(b) PROGRAM ELEMENTS.—The program shall in-
clude the following:
(1) An increased level of effort for advanced
computational capabilities to enhance the simulation
and modeling capabilities of the United States.
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(2) An increased level of effort for above-
ground 
experimental 
programs, 
such 
as
hydrotesting, high-energy lasers, inertial confine-
ment fusion, plasma physics and materials research.
(3) Support for new facilities construction
projects that contribute to the experimental capabili-
ties of the United States, such as an advanced
hydrodynamics facility, the National Ignition Facil-
ity, and other facilities for above-ground experiments
to assess weapon effects.
(c) AUTHORIZATION OF APPROPRIATIONS.—Of funds
authorized to be appropriated to the Secretary of Energy
for fiscal year 1994 for weapons activities, $100,000,000
shall be available for the stewardship program established
in subsection (a).
SEC. 3136. COUNTER-PROLIFERATION PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Energy,
with the concurrence of the Secretary of Defense and the
Secretary of State, shall establish a program to counter
the increasing threat of nuclear weapons proliferation.
(b) PROGRAM ELEMENTS.—The program established
pursuant to subsection (a) shall include the following:
(1) Ongoing counter-proliferation efforts within
the national security programs of the Department of
Energy.
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(2) The establishment of a database and track-
ing system to account for production, storage, and
usage of weapons-grade plutonium, uranium, and
tritium in the newly independent states of the
former Soviet Union and in other states, as appro-
priate.
(3) Increased research and development with
respect to the detection and disablement of terrorist
weapons.
(4) Increased support for—
(A) weapons dismantlement and storage;
and
(B) information and intelligence gathering
on world-wide nuclear arsenals, nuclear weap-
ons development programs, and related nuclear
programs.
(c) AUTHORIZATION OF APPROPRIATIONS.—Of funds
authorized to be appropriated to the Secretary of Energy
for fiscal year 1994 for operating expenses for verification
and control technology, $5,000,000 shall be available for
the establishment of the database and tracking system re-
ferred to in subsection (b)(2).
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SEC. 3137. LIMITATIONS ON THE RECEIPT AND STORAGE
OF SPENT NUCLEAR FUEL FROM FOREIGN
RESEARCH REACTORS.
(a) PURPOSE.—It is the purpose of this section to
regulate the receipt and storage of spent nuclear fuel at
the Department of Energy defense nuclear facility located
at the Savannah River Site, South Carolina.
(b) RECEIPT
IN
EMERGENCY
SITUATIONS.—(1)
When the Secretary of Energy determines that emergency
circumstances make it necessary to receive spent nuclear
fuel referred to in paragraph (2), the Secretary shall sub-
mit a notification of that determination to the Committees
on Armed Services of the Senate and House of Represent-
atives. The Secretary may not receive the spent nuclear
fuel at the Savannah River Site until 30 days (as com-
puted in paragraph (3)) have expired following the date
on which the notification is received by such committees.
(2) The spent nuclear fuel referred to in paragraph
(1) is nuclear fuel that—
(A) is originally exported to a foreign country
from the United States in the form of highly en-
riched uranium; and
(B) is used in a research reactor by the Govern-
ment of a foreign country or by a foreign-owned or
foreign-controlled entity.
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(3) For purposes of paragraph (1), days on which ei-
ther House is not in session because of an adjournment
of more than 3 days to a day certain or because of an
adjournment sine die shall be excluded in the computation
of such 30-day period.
(c) LIMITATION ON STORAGE.—The Secretary of En-
ergy may not receive and store at the Department of En-
ergy defense nuclear facility located at Savannah River
Site, South Carolina any spent nuclear fuel referred to in
subsection (b)(2) in excess of the amount that is the ca-
pacity of such fuel that may be received and stored at such
facility, until the completion of an environmental impact
statement (and the signing by the Secretary of a record
of decision following such completion) under section
102(2)(c) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(c)) with respect to the receipt
and storage of spent nuclear fuel from foreign research
reactors.
SEC. 3138. CONTRACT GOAL FOR SMALL DISADVANTAGED
BUSINESSES AND CERTAIN INSTITUTIONS OF
HIGHER EDUCATION.
(a) GOAL.—Except as provided in subsection (c), a
goal of 5 percent of the amount described in subsection
(b) shall be the objective of the Department of Energy
in carrying out national security programs of the Depart-
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ment in each of fiscal years 1994 through 2000 for the
total combined amount obligated for contracts and sub-
contracts entered into with—
(1) small business concerns, including mass
media and advertising firms, owned and controlled
by socially and economically disadvantaged individ-
uals (as such term is used in section 8(d) of the
Small Business Act (15 U.S.C. 637(d)) and regula-
tions issued under that section), the majority of the
earnings of which directly accrue to such individuals;
(2) historically Black colleges and universities;
and
(3) minority institutions (as defined in para-
graphs (3), (4), and (5) of section 312(b) of the
Higher Education Act of 1965 (20 U.S.C. 1058)),
including any nonprofit research institution that was
an integral part of a historically Black college or
university before November 14, 1986.
(b) AMOUNT.—The requirements of subsection (a)
for any fiscal year apply to the combined total of the funds
obligated for contracts entered into by the Department of
Energy pursuant to competitive procedures for such fiscal
year for purposes of carrying out military applications of
nuclear energy and other national security programs of
the Department.
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(c) APPLICABILITY.—Subsection (a) does not apply—
(1) to the extent to which the Secretary of En-
ergy determines that compelling national security
considerations require otherwise; and
(2) if the Secretary notifies Congress of such a
determination and the reasons for the determination.
SEC. 3139. PROHIBITION ON CONDUCT OF SAFEGUARD C
PROGRAM.
None of the funds appropriated pursuant to this Act
or any other Act for any fiscal year may be available to
conduct the Safeguard C program or any other program
to maintain the capability of the United States to conduct
atmospheric testing of a nuclear weapon.
SEC. 3140. TRANSFER OR LEASE OF PROPERTY AT DEPART-
MENT OF ENERGY WEAPON PRODUCTION FA-
CILITIES.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The termination or reconfiguration of weap-
on production activities at facilities of the Depart-
ment of Energy within the United States is a nec-
essary consequence of the end of the Cold War and
of changed United States national security require-
ments.
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(6) The Federal Government may best ensure
such reutilization and redevelopment by making
available real and personal property of the closing or
reconfigured Department of Energy facilities to com-
munities 
affected 
by 
such 
closures 
or
reconfigurations on a timely basis, and, if appro-
priate, at less than fair market value.
(7) Preservation of the national technology and
industrial base could be assisted by the appropriate
transfer, lease, or reutilization of property, facilities,
and equipment which currently are not needed for
the Department of Energy weapon production mis-
sion.
(8) A delay in the transfer, lease, or
reutilization of such property, facilities, and equip-
ment for commercial use will reduce the national
technology and industrial base because of lost skilled
personnel and lost business opportunities.
(b) MANAGEMENT AND DISPOSAL OF PROPERTY.—
(1) The Administrator of General Services shall delegate
to the Secretary of Energy, with respect to property cov-
ered under subsection (d)—
(A) the authority of the Administrator to utilize
excess property under section 202 of the Federal
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Property and Administrative Services Act of 1949
(40 U.S.C. 483);
(B) the authority of the Administrator to dis-
pose of surplus property under section 203 of that
Act (40 U.S.C. 484); and
(C) the authority of the Administrator to grant
approvals and make determinations under section
13(g) of the Surplus Property Act of 1944 (50
U.S.C. App. 1622(g)).
(2)(A) Subject to subparagraph (C), the Secretary of
Energy shall exercise the authority delegated to the Sec-
retary pursuant to paragraph (1) in accordance with—
(i) all regulations in effect on the date of the
enactment of this Act governing the utilization of ex-
cess property and the disposal of surplus property
under the Federal Property and Administrative
Services Act of 1949; and
(ii) all regulations in effect on the date of the
enactment of this Act governing the conveyance and
disposal of property under section 13(g) of the Sur-
plus Property Act of 1944 (50 U.S.C. App.
1622(g)).
(B) The Secretary, after consulting with the Adminis-
trator of General Services, may issue regulations that are
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HR 2401 EH
necessary to carry out the delegation of authority required
by paragraph (1).
(C) The authority required to be delegated by para-
graph (1) to the Secretary by the Administrator of Gen-
eral Services shall not include the authority to prescribe
general policies and methods for utilizing excess property
and disposing of surplus property.
(c) ADDITIONAL AUTHORITY TO TRANSFER
AND
LEASE.—(1) The Secretary of Energy may transfer or
lease any or all right, title, and interest of the United
States in and to the property referred to in subsection (d)
to any public agency if the Secretary determines that such
transfer or lease will mitigate the adverse economic con-
sequences that might otherwise arise from the closure or
reconfiguration of a Department of Energy facility.
(2)(A) The consideration to be paid to the United
States for any transfer or lease under paragraph (1) shall
be for the estimated fair market value of such property
or leasehold interest, as determined by the Secretary of
Energy, except that the Secretary may accept consider-
ation for an amount that is not less than 50 percent of
the estimated fair market value of such property if the
Secretary determines that—
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HR 2401 EH
(i) the discount is required to implement the
plans established in the report under subsection (i);
and
(ii) 30 days after published notice, no private or
public party has made a bona fide offer for such
property at the estimated fair market value.
(B) The instrument transferring or leasing property
for less than the estimated fair market value under this
paragraph—
(i) shall contain a condition that all such prop-
erty shall be used and maintained for the purpose
for which it was transferred in perpetuity in accord-
ance with the plans described in the report under
subsection (i) or, in the case of a lease, for the term
of the lease; and
(ii) may contain such additional terms, condi-
tions, reservations, and restrictions as the Secretary
determines to be necessary to safeguard the interests
of the United States.
(C) The Secretary may—
(i) determine compliance with the terms, condi-
tions, reservations, and restrictions contained in any
instrument by which a transfer or lease of property
is made;
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HR 2401 EH
(ii) reform, correct, or amend any such instru-
ment by the execution of a corrective, reformative,
or amendatory instrument where necessary to cor-
rect such instrument or to conform such transfer or
lease to the requirements of applicable law; and
(iii)(I) grant releases from any of the terms,
conditions, reservations, and restrictions contained
in, and (II) convey, quitclaim, or release to the
transferee any right or interest reserved to the Unit-
ed States by, any instrument by which such transfer
or lease is made, if the Secretary determines that
the property transferred no longer serves the pur-
pose for which it was transferred, or that such re-
lease, conveyance, or quitclaim will not prevent ac-
complishment of the purpose for which such prop-
erty was so transferred.
Any such releases, conveyance, or quitclaim may be grant-
ed on, or made subject to, such terms and conditions as
the Secretary considers necessary to protect or advance
the interests of the United States.
(d) COVERED PROPERTY.—Property that may be
transferred or leased under subsections (c) and (g) is the
related personal property and acquired real property at
a facility of the Department of Energy to be closed or
reconfigured that the Secretary of Energy determines to
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be no longer necessary for weapon production or other
missions of the Department.
(e) APPLICABILITY
OF
OTHER
LAWS.—Property
transferred or leased under subsections (c) and (g) shall
be transferred or leased in accordance with—
(1) the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.), to the
extent not inconsistent with this section; and
(2) all applicable environmental laws, including
the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
(f) LIMITATION ON RELOCATION OF EQUIPMENT.—
The Secretary shall not relocate equipment from a facility,
such as machine tools that could be useful in converting
the facility, except in cases where buying new equipment
would be significantly more costly or significantly more
time-consuming than moving the equipment. The Sec-
retary shall establish guidelines for determining costs
under this subsection.
(g) REUTILIZATION.—To the extent practicable, the
Secretary of Energy may make available for reutilization
a facility or property of the Department of Energy that
is not required for weapon production work in any case
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in which the Secretary determines that such reutilization
will—
(1) reduce the long-term cost to the Govern-
ment, including the cost of worker displacement and
retraining in the community in which the facility or
property is located;
(2) contribute to the preservation of the na-
tional technology and industrial base by using the
equipment at the facility or property; or
(3) assist the economic development in the com-
munity in which the facility or property is located.
(h) OTHER TERMS
AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
with respect to a transfer or lease of property under sub-
section (c) as the Secretary determines appropriate to pro-
tect the interests of the United States.
(i) REPORT.—Not later than February 1, 1994, the
Secretary of Energy shall submit to the Committees on
Armed Services of the Senate and the House of Represent-
atives, the Committee on Governmental Affairs of the Sen-
ate, the Committee on Government Operations of the
House of Representatives, and the Committee on Energy
and Commerce of the House of Representatives a report
on the plans of the Secretary in accordance with applicable
law for the reutilization of real property, facilities, equip-
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ment, and supplies at weapon production facilities of the
Department of Energy that are planned or scheduled for
the termination of weapon production activities.
(j) DEFINITION.—For purposes of this section, the
term ‘‘reutilization’’ means the development of sites pre-
viously used in the nuclear weapons complex of the De-
partment of Energy for private commercial work or non-
weapon production-related Government work. Such devel-
opment may consist of—
(1) conversion of the site or portions of it to ex-
clusively private or local government use;
(2) leasing of facilities or equipment to non-De-
partment of Energy sources;
(3) use of Department of Energy facilities to
enhance the national technology and industrial base
through technology transfer and commercial work by
Department of Energy contractors;
(4) development of a financial assistance ar-
rangement with local communities to seek other uses
for vacated or underutilized facilities;
(5) sale of all or portions of certain facilities to
commercial concerns under terms that dictate eco-
nomic development of the site; or
(6) any combination of paragraphs (1) through
(5).
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SEC. 3141. PROHIBITION ON USE OF FUNDS FOR ADVANCED
LIQUID METAL REACTOR.
No funds authorized pursuant to this title or other-
wise available for fiscal year 1994 or any previous fiscal
year for the national security programs of the Department
of Energy shall be used for the support of the advanced
liquid metal reactor.
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD AUTHORIZATION
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal
year 1994, $15,060,000 for the operation of the Defense
Nuclear Facilities Safety Board under chapter 21 of the
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII—NATIONAL
DEFENSE STOCKPILE
SEC. 3301. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘National Defense Stockpile’’
means the stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
(2) The term ‘‘National Defense Stockpile
Transaction Fund’’ means the fund established
under section 9(a) of such Act (50 U.S.C. 98h(a)).
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(3) The term ‘‘annual materials plan’’ means
the report containing an annual materials plan for
the operation of the National Defense Stockpile re-
quired to be submitted to Congress each year under
section 11(b) of such Act (50 U.S.C. 98h–2(b)).
SEC. 3302. DISPOSAL OF OBSOLETE AND EXCESS MATE-
RIALS CONTAINED IN THE NATIONAL DE-
FENSE STOCKPILE.
The President may dispose of obsolete and excess ma-
terials in the National Defense Stockpile, except that the
amount of funds received from the sale of such materials
may not exceed $500,000,000 in any fiscal year. All funds
received from the sale of materials under this section shall
be deposited in the National Defense Stockpile Trans-
action Fund.
SEC. 3303. MODIFICATION OF NOTICE AND WAIT REQUIRE-
MENTS FOR DEVIATIONS FROM ANNUAL MA-
TERIALS PLAN.
Section 5(a)(2) of the Strategic and Critical Mate-
rials Stock Piling Act (50 U.S.C. 98d(a)(2)) is amended
by striking out ‘‘and a period of 30 days’’ and all that
follows through ‘‘more than three days to a day certain.’’
and inserting in lieu thereof ‘‘and a period of 45 days has
passed from the date of the receipt of such statement by
such committees.’’.
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SEC. 3304. CONTINUATION OF LIMITATIONS ON THE DIS-
POSAL OF CHROMITE AND MANGANESE ORES
AND CHROMIUM AND MANGANESE FERRO.
(a) LIMITATION REGARDING CHROMITE AND MAN-
GANESE ORES.—During fiscal year 1994, the disposal of
chromite and manganese ores of metallurgical grade from
the National Defense Stockpile pursuant to any provision
of law may be made only for processing within the United
States and the territories and possessions of the United
States.
(b) LIMITATION REGARDING CHROMIUM AND MAN-
GANESE FERRO.—The disposal of chromium ferro and
manganese ferro from the National Defense Stockpile pur-
suant to any provision of law may not commence before
October 1, 1994.
SEC. 3305. CONVERSION OF CHROMIUM ORE TO HIGH PU-
RITY ELECTROLYTIC CHROMIUM METAL.
(a) REQUIRED UPGRADING.—During each of fiscal
years 1994 through 1996, the President shall—
(1) obtain bids from domestic producers of high
purity electrolytic chromium metal; and
(2) award contracts for the conversion of chro-
mium ores held in the National Defense Stockpile
into high purity electrolytic chromium metal.
(b) QUANTITIES TO BE UPGRADED.—(1) Contracts
awarded under subsection (a) shall provide for the addi-
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tion of not less than 800 short tons of high purity electro-
lytic chromium metal to the National Defense Stockpile
during each of the fiscal years covered by subsection (a).
(2) If, during any fiscal year referred to in subsection
(a), the minimum quantity of high purity electrolytic chro-
mium metal to be added to the National Defense Stock-
pile, as required by paragraph (1), is not met, the quantity
of such material to be added to the stockpile in the next
fiscal year shall be increased by the quantity of the defi-
ciency.
TITLE XXXIV—CIVIL DEFENSE
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated
$146,391,000 for fiscal year 1994 for the purpose of car-
rying out the Federal Civil Defense Act of 1950 (50
U.S.C. App. 2251 et seq.).
SEC. 3402. MODERNIZATION OF THE CIVIL DEFENSE SYS-
TEM.
(a) DECLARATION OF POLICY.—Section 2 of the Fed-
eral Civil Defense Act of 1950 (50 U.S.C. App. 2251) is
amended to read as follows:
‘‘SEC. 2. DECLARATION OF POLICY.
‘‘The purpose of this Act is to provide a system of
civil defense for the protection of life and property in the
United States from hazards and to vest responsibility for