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Representatives no later than March 15 of 1988, 1989, 1990, and 1991 with respect to activities carried out under this section. SEC. 2322. RESTRICTIONS ON USE OF CERTAIN FUNDING (a) NELUS AIR FORCE BASE, NEVADA.—None of the funds aveiilable

for use by the Department of Defense in fiscal year 1988 may be used, directly or indirectly, to deactivate, convert, transfer, or otherwise diminish any part of the 474th Tactical Fighter Wing stationed at Nellis Air Force Base, Nevada. (b) FORT MONMOUTH, N E W JERSEY.—None of the funds available for use by the Department of Defense in fiscal year 1988 may be used, directly or indirectly, to relocate the headquarters element and the elements of the several directorates of the Joint Tactical Command, Control, and Communications Agency at Fort Monmouth, New Jersey. (c) STRATEGIC HOMEPORTING.—(1) Funds appropriated pursuant to Washington, the authorizations in section 2208 of the Military Construction Authorization Act, 1987 (division B of Public Law 99-661), and in section 2125 of this Act for Naval Station Everett, Washingrton, may not be obligated or expended for such purpose until— (A) all Federal, State, and local permits required for the dredging activities to be carried out with respect to homeporting at Everett, Wsishington, have been issued, including all permits required pursuant to, or otherwise in connection with, the Federal Water Pollution Control Act; and (B) the State of Washington has appropriated in fiscal year 1987 its share of funds for fiscal years 1988 and 1989 for all projects agreed with by the Department of the Navy for homeporting at Everett, Washington. (2) The provisions of this subsection shall apply to any activity carried out after November 14, 1986. (d) PORT CHICAGO HIGHWAY.—None of the funds available for use California, by the Department of Defense in fiscal year 1988 may be used by the Department of Defense, directly or indirectly, before January 1, 1988, to take, or condemn, or close, any portion of the Port Chicago Highway which lies within the Concord Naval Weapons Station in Concord, California. (e) AIR DEFENSE RADAR STATIONS.—None of the funds available for Michigan. use by the Department of Defense in fiscal year 1988 (other than funds made available by the Office of Economic Adjustment) may be used, directly or indirectly, to deactivate, convert, transfer, or otherwise diminish the air defense radar stations located at Calumet Air Force Station, Michigan, or Port Austin Air Force Station, Michigan. SEC. 2323. PROHIBITION OF FUNDING FOR CERTAIN CONSTRUCTION CONTRACTS ON GUAM

MILITARY

(a) IN GENERAL.—Except as provided in subsection 0)), funds appropriated pursuant to any authorization made by this division may not be expended with respect to any contract for a military construction project on Guam if any work is carried out on such project by any person who is a nonimmigrant described in section lOKaXlSXHXii) of the Immigration and Nationality Act (8 U.S.C. llOKaXlSXHXii)). (b) EXCEPTION.—In any case in which there is no acceptable bid Reports. made in response to a solicitation by the Secretary of a military department for bids on a contract for a military construction project

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on Guam and the Secretary concerned makes a determination that the prohibition contained in subsection (a) is a significant deterrent to obtaining bids on such contract, the Secretary concerned may make another solicitation for bids on such contract and the prohibition contained in subsection (a) shall not apply to such contract after the end of the 21-day period beginning on the date on which the Secretary concerned transmits a report concerning such contract to the Committees on Armed Services of the Senate and the House of Representatives. (c) EFFECTIVE DATE.—This section shall apply only to contracts entered into, amended, or otherwise modified on or after the date of the enactment of this Act. SEC. 2324. COMMUNITY PLANNING ASSISTANCE

!y. !, *

The Secretary of Defense may use the following amounts to provide planning assistance to local communities located near the following homeports proposed under the Naval Strategic Dispersal Program if the Secretary determines that the financial resources available to the community (by grant or otherwise) are inadequate: (1) not more than $250,000 from funds appropriated to the Department of Defense for fiscal year 1988 for local communities located near the homeport at Everett, Washington; and (2) not more than $300,000 from funds appropriated to the Department of Defense for fiscal year 1988 and not more than $300,000 from funds appropriated to the Department of Defense for fiscal year 1989 pursuant to authorizations contained in this division for local communities located near Gulf Coast homeports, SEC. 2325. DISPOSITION OF REAL PROPERTY AT AIR FORCE MISSILE SITES

(a) IN GENERAL.—Chapter 949 of title 10, United States Code, is amended by adding at the end the following: 10 USC 9781.

i _:

"§ 9781. Disposition of real property at missile sites "(a)(1) The Secretary of the Air Force shall dispose of the interest of the United States in any tract of real property described in paragraph (2) or in any easement held in connection with any such tract of real property only as provided in this section. "(2) The real property referred to in paragraph (1) is any tract of land (including improvements thereon) owned by the Air Force that— "(A) is not required for the needs of the Air Force and the discharge of the responsibilities of the Air Force, as determined by the Secretary of the Air Force; "(B) does not exceed 25 acres; ys "(Q yfQg used by the Air Force as a site for one or more missile launch facilities, missile launch control buildings, or other facilities to support missile launch operations; and "(D) is surrounded by lands that are adjacent to such tract and that are owned in fee simple by one owner or by more than one owner jointly, in common, or by the entirety. "03) The Secretary shall convey, for fair market value, the interest of the United States in any tract of land referred to in subsection (a) or in any easement in connection with any such tract of land to any person or persons who, with respect to such tract of land, own lands referred to in paragraph (2)(D) of such subsection and are ready, ^ l i n g, and able to purchase such interest for the fair market value

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of such interest. Whenever such interest of the United States is available for purchase under this section, the Secretary shall transmit a notice of the availability of such interest to each such person. "(c) The Secretary shall determine the fair market value of the interest of the United States to be conveyed under this section. "(d) The requirement to determine whether giny tract of land described in subsection (a)(2) is excess property or surplus property under title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) before disposing of such tract shall not be applicable to the disposition of such tract under this section. "(e) The disposition of a tract of land under this section to any person shall be subject to (1) any easement retained by the Secretary with respect to such tract, and (2) such additional terms and conditions as the Secretary considers necessary or appropriate to protect the interests of the United States. "(f) The exact acreage and legal description of any tract of land to be conveyed under this section shall be determined in any manner that is satisfactory to the Secretary. The cost of any survey conducted for the purpose of this subsection in the case of any tract of land shall be borne by the person or persons to whom the conveyance of such tract of land is made. "(g) If any real property interest of the United States described in subsection (a) is not purchased under the procedures provided in subsections (a) through (f), such tract may be disposed of only in accordance with the Federal Property and Administrative Services Act of 1949.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 949 of such title is amended by adding at the end the following: "9781. Disposition of real property at missile sites.". SEC. 2326. TULALIP TRIBES, WASHINGTON (a) IN GENERAL.—<1) The Secretary

Indians. Claims.

of the Navy may pay, as provided in this section, to the Tulalip Indian Tribes of the State of Washington the sum of $3,400,000. Any payment made under this section shall be made out of funds appropriated to or for the use of the Navy pursugint to section 2125(a)(l)(2) Pajmient under this section shall be made in accordance with Fish and fishing. the Memorandum of Agreement dated July 22, 1987, between the United States and the Tulalip Tribes of Washington, and shall be in full settlement of the claims of such tribes for loss of access to and displacement from usual and accustomed fishing grounds and stations resulting from the construction and operation of Navy homeport facilities at Everett, Washington, and to support tribal resource enhancement efforts. (b) CONDITION OF SETTLEMENT.—(1) Payment in final settlement of the tribal claims may not be made until the Secretary of the Navy has obtained from the Tulalip Tribes a release under which the tribes waive all claims against the United States— (A) for displacement from the homeport site during any period the site is owned by the United States; and (B) for additional displacement resulting from homeport construction-related activities at Port Gardner, Washington, as provided in the Memorandum of Agreement referred to in subsection (a)(2). (2) The release referred to in paragraph (1) shall also waive any claims the Tulalip Tribes may have against the United States or any

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successor in interest for loss of access resulting from the construction of permanent structures in connection with homeport facilities at Everett, Washington. Fish and fishing. (c) PROTECTION OF RESERVED RiGHTS.—Nothing in this section shall be construed to diminish any rights reserved to the Tulalip Tribes in the Memorandum of Understanding referred to in subsection (a)(2) with respect to claims that may arise from Navy-induced damages to fish habitat and other resources. TITLE III—REAL PROPERTY TRANSACTIONS Health care

SEC. 2331. LEASE OF PROPERTY, SAN FRANCISCO, CALIFORNIA

Diseases.

(a) IN GENERAL.—Subject to subsections (b) through (d), the Secretary of the Army shall lease, without consideration, the former Public Health Service facility located on the Presidio of San Francisco, California, to the City and County of San Francisco for use as a facility for the care and treatment of persons with acquired immune deficiency syndrome (AIDS) or acquired immune deficiency syndrome related complex (ARC). (b) TERMS OF LEASE.—In entering into the lease under this section, the Secretary— (1) shall provide for a term of ten years beginning no later than January 1, 1989; (2) shall provide that, in the event that the facility described in subsection (a) ceases to be used by the City and County of San Francisco for the purpose described in such subsection, the Secretary shall have the right of immediate reentry and the lease shall be automatically terminated; and (3) may require other terms and conditions necessary to protect the interests of the United States. (c) AUTHORIZATION.—The Secretary may use not more than $1,900,000 of funds available to the Department of the Army for operation and maintenance during fiscal year 1988 for the purpose of leasing space and otherwise relocating personnel and equipment related to the activities being carried out at the facility on the date of the enactment of this Act. (d) REPORTS.—(1) The Secretary shall transmit, by March 1, 1988, to the Committees on Armed Services of the Senate and House of Representatives a report containing— (A) an analysis of the reasonable options available for the relocation of activities necessary as a result of the lease of the facility under this section, including the impact of each such option on the operations and resources of the Department of the Army; and (B) a detailed description of the preferred relocation plan, including a resource profile for all associated expenses and, in the case of any construction project associated with such relocation plan, a description of each such project and the anticipated timing of the obligation of funds for each such project. (2)(A) The City and County of San Francisco is requested to transmit, before March 1, 1988, a report to the committees described in paragraph (1) containing— (i) projections of the anticipated number of patients with AIDS or ARC who will need nursing care in the City and County of San Francisco over the period of the lease entered into under this section;

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(ii) different approaches to meeting this need for nursing care; (iii) the rationale for using the facility described in subsection (a) to meet this need; and (iv) its financial plan for renovating and operating such facility. (B) The Secretary may not enter into a lease under this section before the report described in subparagraph (A) has been received by the committees described in paragraph (1). SEC. 2332. SALE OF LAND AND REPLACEMENT OF CERTAIN FACILITIES, KAPALAMA MILITARY RESERVATION, HAWAII

(a) IN GENERAL.—Subject to subsections (b) through (g), the Secretary of the Army may convey approximately 43.72 acres of real property, together with improvements thereon, at Kapalama Military Reservation, Hawaii, and may replace and relocate facilities located on such property. (b) CONSIDERATION.—In consideration for the real property described in subsection (a), the purchasers of such property shall pay the United States— (1) in a manner determined by the Secretary, for the cost of the design and construction of suitable replacement facilities to be constructed at Fort Shafter, Fort Kamehameha, Tripler Army Medical Center, and Schofield Barracks, Hawaii; (2) for any cost incurred by the Department of the Army under this section with respect to the relocation of facilities; and (3) the amount of any difference referred to in subsection (d). (c) SALE AND REPLACEMENT ACTIVITIES.—The Secretary may use

any amount received from the purchaser as described in paragraphs (1) and (2) of subsection (b) for the purpose of carrying out this section. (d) PAYMENT OF EXCESS INTO TREASURY.—If the fair market value of the real property and improvements described in subsection (a) exceeds the costs described in paragraphs (1) and (2) of subsection (b), as determined by the Secretary, the purchaser shall pay the amount of such difference to the Secretary, and the Secretary shall deposit such amount into the Treasury as miscellaneous receipts. (e) COMPETITIVE BID PROCEDURES.—The conveyance described in

subsection (a) shall be carried out under competitive bid procedures. (f) LEGAL DESCRIPTION OF REAL PROPERTY.—The exact acreage and legal description of the real property described in subsection (a) shall be determined by a survey which is satisfactory to the Secretary. The cost of the survey shall be borne by the purchaser. (g) ADDITIONAL TERMS.—The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interests of the United States. SEC. 2333. LAND CONVEYANCE, LAWRENCE TOWNSHIP, INDIANA

(a) AUTHORITY TO SELL.—Subject to subsections (b) through (e), the Secretary of the Army may sell and convey to Lawrence Township, Marion County, Indiana all right, title, and interest of the United States in and to a parcel of land, consisting of approximately 3.23 acres, comprising a portion of Fort Benjamin Harrison, Indiana. (b) CONDITIONS OF SALE.—(1) In consideration for the sale and conveyance, the Township shall pay to the United States the fair market value, as determined by the Secretary, of the property to be conveyed by the United States under subsection (a).

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(2) The Township shall execute and file the deed of conveyance in the appropriate registry. (c) RECAPTURE RIGHTS.—The Secretary shall include in the deed of conveyance a condition that the United States may reenter and use the property without compensation in the event of a national emergency or declaration of war. (d) LEGAL DESCRIPTION OF LANDS.—The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the Township. (e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-

quire such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States. SEC. 2334. LAND TRANSFERS: ROCK ISLAND, ILLINOIS, AND FORT SAM HOUSTON, TEXAS

Cemeteries.

(a) AUTHORITY TO TRANSFER.—Subject to subsections (b) through (d), the Secretary of the Army may transfer, without consideration, to the administrative jurisdiction of the Administrator of Veterans' Affairs— (1) two parcels of real property, and improvements thereon, totaling approximately 17.17 acres, comprising a portion of the Rock Island Arsenal, Rock Island, Illinois; and (2) a parcel of real property, and improvements thereon, totaling approximately 8.5 acres, comprising a portion of Fort Sam Houston, Texas. (b) CONDITIONS ON CONVEYANCE.—The Administrator shall— (1) use the real property described in subsection (a) for cemeteries which are to be part of the National Cemetery System; (2) transfer any portion of such property back to the administrative jurisdiction of the Secretary of the Army, if such portion is not used for such a cemetery; and (3) enter into an agreement with the Secretary to carry out the purposes of this section. (c) LEGAL DESCRIPTION AND SURVEYS.—The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by surveys that are satisfactory to the Secretary. The cost of such surveys shall be borne by the Administrator. (d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-

quire such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States. SEC. 2335. PROPERTY TRANSFER, BROOKLYN, NEW YORK

In accordance with the provisions of section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483) governing transfers of excess property, the Administrator of Gen-, eral Services shall transfer, without reimbursement, to the Secretary of the Navy the excess six story building and associated land, known as Dayton Manor, located near Fort Hamilton, Brookl3m, New York, for rehabilitation and use as military family housing. SEC. 2336. LAND EXCHANGE, ORANGE COUNTY, CALIFORNIA

(a) TRANSFER.—Subject to subsections (b) through (e), the Secretary of the Navy may convey to Orange County, California, all right, title, and interest of the United States in and to a parcel of real property, with improvements thereon, consisting of approxi-

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mately 137 acres located in the center of Mile Square Regional Park, Orange County, California. (b) CONSIDERATION.—In consideration for the conveyance by the Secretary under subsection (a), Orange County shall convey to the United States parcels of real property, with improvements thereon, consisting of approximately 41 total acres located adjacent to the Marine Corps Air Station, Tustin, California. (c) PAYMENT BY COUNTY.—If the fair market value of the real property and improvements conveyed by the Secretary under subsection (a) exceeds the fair market value of the real property conveyed by Orange County under subsection (b), the county shall pay the difference to the United States. Any such payment shall be covered into the Treasury as miscellaneous receipts. (d) OBLIGATIONS OF PARTIES.—The exact acreages and legal descriptions of the real property to be conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. The cost of any such survey shall be borne by Orange County. (e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may re-

quire such additional terms and conditions in connection with the transaction authorized by this section as the Secretary considers appropriate to protect the interests of the United States. SEC. 2337. TRANSFER OF LAND, JOLIET ARMY AMMUNITION PLANT, ILLINOIS

(a) AUTHORITY TO CONVEY.—Subject to subsections (b) through (d), the Secretary of the Army shall transfer to the Administrator of Veterans' Affairs not less than 200 acres of real property, including improvements thereon, located on the Joliet Army Ammunition Plant, Illinois, and with access to State Route 53. (b) USE OF LAND.—(1) The Administrator shall use the real prop- Cemeteries. erty transferred under subsection (a) for a national cemetery. (2) A national cemetery established on such real property shall become part of the National Cemetery System and shall be administered under chapter 24 of title 38, United States Code. (c) RESTORATION.—(1) The Secretary of the Army shall carry out appropriate environmental restoration activities pursuant to chapter 160 of title 10, United States Code, with respect to such real property before transferring it under this section. (2) The Secretary may not transfer such property under this Cemeteries. section unless the Administrator of Veterans' Affairs has determined that contamination that would prevent the property from being used as a national cemetery has been removed and that the land has been restored so that it is appropriate for such use. (d) LEGAL DESCRIPTION.—The exact acreage and legal descriptions

of any property transferred under this section shall be based on surveys that are satisfactory to the Secretary. The Administrator shall bear the cost of such surveys. SEC. 2338. LEASE OF PROPERTY AT THE NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA (a) IN GENERAL.—Subject to subsections 0?) through (g), the Secretary of the Navy may lease, at fair market rental value, to the Port of Oakland, California, not more than 195 acres of real property, together with improvements thereon, at the Naval Supply Center, Oakland, California.

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(b) TERM OF LEASE.—The lease entered into under subsection (a) may be for such term as the Secretary determines appropriate, with an initial term not to exceed 25 years and an option to extend for a term not to exceed 25 years. (c) REPLACEMENT AND RELOCATION PAYMENTS.—The Secretary

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Texas.

may, under the terms of the lease, require the Port of Oakland to pay the Secretary— (1) a negotiated amount for the structures on the leased property that require replacement at a new location; and (2) a negotiated amount for expenses to be incurred by the Navy with respect to vacating the leased property and relocating to other facilities. (d) USE OF FUNDS.—(1) Funds received by the Secretary under subsection (c) may be used by the Secretary to pay for relocation expenses and constructing new facilities or making modifications to existing facilities which are necessary to replace facilities on the leased premises. (2)(A) Funds received by the Secretary for the fair market rental value of the real property may be used to pay for relocation and replacement costs incurred by the Navy in excess of the amount received by the Secretary under subsection (c). (B) Funds received by the Secretary for such fair market rental value in excess of the amount used under subparagraph (A) shall be deposited into the miscellaneous receipts of the Treasury. (e) AUTHORITY TO DEMOUSH AND CONSTRUCT FACILITIES.—The Secretary may, under the terms of the lesise, authorize the Port of Oakland to demolish existing facilities on the leased land and to provide for construction of new facilities on such land for the use of the Port of Oakland. (f) REPORT.—The Secretary may not enter into a lease under this section until— (1) the Secretary has transmitted to the Committee on Armed Services of the Senate and of the House of Representatives a report containing an explanation of the terms of the lease, especially with respect to the amount the Secretary is to receive under subsection (c) and the amount that is expected to be used under subsection (d)(2); and (2) a period of 21 days has expired after the date on which such report is received by such Committees. (g) ADDITIONAL TERMS.—The Secretary may require such additional terms and conditions in connection with the lease authorized by this section as the Secretary considers appropriate to protect the interests of the United States. SEC. 2339. AUTHORITY TO RELEASE CERTAIN RIGHTS

(a) IN GENERAL.—Subject to subsection Qo), the Secretary of the Army may release, discharge, waive, and quitclaim all right, title, and interest which the United States may have by virtue of the quitelaim deed dated November 22, 1957, in and to approximately 46.1186 acres of real property, with improvements thereon, in Tarrant County, Texas. (b) CONDITION.—The Secretary may carry out subsection (a) only after obtaining satisfactory assurances that the State of Texas shall obtain, in exchange for the real property referred to in subsection (a), a tract of real property— (1) which is at least equal in value to the real property referred to in subsection (a); and

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(2) which shall be, on the date on which the State obtains it, subject to the same restrictions and covenants with respect to the Federal Government as are applicable on the date of the enactment of this Act to the real property 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 based upon surveys that are satisfactory to the Secretary. SEC. 2340. MINERAL INTERESTS AT WHITE SANDS MISSILE RANGE, NEW MEXICO

(a) AUTHORITY TO GRANT INTEREST.—The Secretary of the Army may grant to the State of New Mexico an interest in the minerals in or on the land described in subsection (d). (b) INTEREST, TERMS, AND CONDITIONS OF GRANT.—The extent of the interest granted to the State of New Mexico pursuant to subsection (a), and the other terms and conditions of such grant, shall be those prescribed by the Attorney General, after consultation with the Secretary of the Army and the Secretary of the Interior. (c) SETTLEMENT OF CLAIMS.—The acceptance by the State of New Mexico of any interest in minerals made to such State pursuant to this section shall be in full settlement of the claims of such State against the United States as set forth in the case of Humphries v. United States, United States Claims Court (case number 94-79L). (d) DESCRIPTION OF LAND.—The land referred to in subsection (a) is land located within the boundaries of the White Sands Missile Range, New Mexico, which was owned by the State of New Mexico and which was found by the Court of Claims to have been taken by the United States by inverse condemnation. (e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of

the

Army may require such additional terms and conditions as the Secretary, in consultation with the Attorney General, considers appropriate to protect the interests of the United States. SEC. 2341. LAND CONVEYANCE, FORT JACKSON, SOUTH CAROLINA

Subsection (e)(l) of section 840 of the Military Construction Authorization Act, 1986 (Public Law 99-167), is amended— 99 Stat. 997. (1) by striking "and" at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new subparagraph: "(D) for a water systems improvement project at Fort Jackson at an estimated cost of $2,300,000, and for family housing improvement projects at Fort Jackson at an estimated cost not to exceed $6,400,000.". SEC. 2342. LAND EXCHANGE, HAMILTON AIR FORCE BASE, CALIFORNIA

(a) IN GENERAL.—Subject to subsections (b) through (d), the Secretary of the Army and the Secretary of the Navy may, jointly or separately, enter into an agreement for the exchange of lands and interest in lands under their respective jurisdictions at Hamilton Air Force Base, California, with the purchaser of other lands at such air force base which, before the date of the enactment of this Act, were declared excess to the needs of the United States. (b) CONDITIONS ON EXCHANGES.—Exchanges of land and interests in real property under this section shall be made on condition that

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the United States receive land or interests in real property at least equal in value (as determined by the Secretary of the Army or the Secretary of the Navy, as the case may be) to the land and interests in real property conveyed by the United States. (c) LEGAL DESCRIPTION AND SURVEYS.—The exact acreage and legal description of the real property to be exchanged under this section shall be determined by surveys that are satisfactory to the Secretary of the Army or the Secretary of the Navy, as the case may be. The cost of such surveys shall be borne by the purchaser referred to in subsection (a). (d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of

the

Army and the Secretary of the Navy may require such additional terms and conditions under this section as each such Secretary considers appropriate to protect the interests of the United States. SEC. 2343. LAND CONVEYANCE, CHANUTE AIR FORCE BASE, ILLINOIS

(a) AUTHORITY TO SELL.—Subject to subsections (b) through (g), the Secretary of the Air Force may sell all or any portion of that tract of land (together with any improvements thereon) which comprises the Chapman Court Housing Annex, a housing complex near Chanute Air Force Base, Illinois, consisting of 49 acres, more or less. (b) CONDITIONS OF SALE.—The Secretary shall require the buyer, as a condition of any sale of any of the property referred to in subsection (a), to carry out the following projects at Chanute Air Force Base in accordance with specifications mutually agreed upon by the Secretary and the prospective purchaser: (1) Widen and extend Heritage Drive. (2) Construct a new entrance gate (including a gate guardhouse) to serve as the main entrance from U.S. Route 45. (3) Construct a visitor reception center and parking lot to serve such center. (4) Construct new streets or alter existing streets in order to effectively reroute automobile traffic (on the Air Force Base) to and from the proposed new gate. (c) COMPETITIVE BID REQUIREMENT AND MINIMUM SALE PRICE.—(1)

,T^'; isiH

The sale of any of the land referred to in subsection (a) shall be carried out under publicly advertised, competitive bid, or competitively negotiated contracting procedures. (2) In no event may any of the land referred to in subsection (a) be sold for less than its fair market value, as determined by the Secretary. (d) REPORT REQUIREMENTS.—(1) The Secretary may not enter into any contract for the sale of any or all of the land referred to in subsection (a) unless— (A) the Secretary has submitted to the Committees on Armed Services of the Senate and House of Representatives a report containing the details of the contract proposed to be entered into by the Secretary under this section; and (B) a period of 21 days has expired following the date on which the report referred to in clause (A) is received by such committees. (2) Any report submitted under paragraph (1) shall include— (A) a description of the price and terms of the proposed sale; (B) a description of the procedures used in selecting a buyer for the land; and (C) all pertinent information regarding the base development proposal selected by the Secretary.

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(e) U S E OF EXCESS FUNDS.—If the fair market value of the property conveyed to a buyer under this section is greater than the fair market value of the facilities constructed by the buyer for the United States, as determined by the Secretary, the buyer shall pay the difference to the United States. Any such amount paid to the Secretary shall be deposited into the general fund of the Treasury. (f) LEGAL DESCRIPTION OF LAND.—The exact acreage and legal description of any land conveyed under this section shall be determined by a survey which is satisfactory to the Secretary. The cost of such survey shall be borne by the buyer. (g) ADDITIONAL TERMS.—The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interests of the United States, SEC. 2344. LAND EXCHANGE, SAN DIEGO, CALIFORNIA

(a) AUTHORITY TO EXCHANGE.—Subject to subsections (b) through (f), the Secretary of the Air Force may convey certain real property (and improvements thereon) adjacent to Air Force Plant 19 in San Diego, California, to the County of San Diego, California, in exchange for certain real property (and improvements thereon) located in San Diego County, California. (b) CONDITION.—If the fair market value of the real property and improvements conveyed to the County of San Diego under subsection (a) exceeds the fair market value of the real property and improvements conveyed to the United States by the County of San Diego, the County shall pay to the United States an amount equal to the difference. The Secretary shall deposit any funds received under this subsection as miscellaneous receipts in the Treasury. (c) LEGAL DESCRIPTION OF REAL PROPERTY.—The exact acreage and legal description of the real property exchanged under this section shall be in accordance with surveys that are satisfactory to the Secretary. The costs of such surveys shall be borne by the County. (d) ADDITIONAL TERMS.—The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interests of the United States. (e) REPORT.—Before the Secretary enters into an agreement authorized under subsection (a) for an exchange of real property with the County, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the details of such proposed agreement. The report shall also include an assessment of the impact of the proposed exchange on— (1) current activities of the Department of Defense at Plant 19; (2) the potential disposal of Plant 19 to a private concern; (3) the potential transfer of Plant 19 to another military department; and (4) the ability of Plant 19 to support potential or programmed future missions of the Department of Defense. (f) WAITING PERIOD.—An agreement for an exchange authorized by subsection (a) may not be entered into by the Secretary for a period of 30 days after the date on which the report referred to in subsection (e) has been received by the committees named in such subsection.

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 101 STAT. 1230

PUBLIC LAW 100-180—DEC. 4, 1987

SEC. 2345. PROPERTY TRANSACTION, BARLING, ARKANSAS

(a) IN GENERAL.—Subject to subsections (b) through (e), the Secretary of the Army shall lease to the City of Barling, Arkansas, for use by that city in the treatment of sewage, the following tracts of land at Fort Chaffee, Arkansas: (1) A tract consisting of 320 acres and more particularly described as the NEV4 and the NWV4 of section 34, Township 8 North, Range 31 West. (2) A tract 40 feet wide running from the northern boundary of the tract described in paragraph (1) to the Arkansas River, as may be agreed upon by the Secretary and the city of Barling. 0?) LEASE REQUIREMENTS.—(1) The lease entered into under subsection (a) shall authorize the City to construct and maintain a wastewater treatment facility on the land leased under subsection (a). Upon termination of the lease, the United States shall have all right, title, and interest in and to any improvements on the land. (2) The lease shall be for such period, not less than 55 years, as may be agreed upon by the Secretary and the City. (3) The lease shall require the City to pay rent for the use of the land in an amount to be agreed upon by the Secretary and the City, but not exceeding $1,600 per year. (c) ALTERNATIVE LEASE.—(1) In lieu of leasing to the City of Barling the lands described in subsection (a), the Secretary may lease to the City other lands under the jurisdiction of the Secretary adjacent to existing lagoons at Fort Chaffee, Arkansas, for use by the City in the treatment of sewage. (2) Land leased to the city pursuant to paragraph (1) shall be leased at an annual rate of not more than $5 per acre. (3) Any lease entered into pursuant to paragraph (1) shall be subject to paragraphs (1) and (2) of subsection 0>)(4) If a lease is entered into under this subsection, the Secretary may permit the City to use the sewage treatment facilities of Fort Chaffee under an agreement which would require the City to pay a reasonable cost for the use of such facilities and any reasonable costs incurred by the Army in increasing the capacity of the sewage treatment facilities at Fort Chaffee to accommodate the use of such facilities by the City. (d) LEGAL DESCRIPTION OF LANDS.—The exact acreage and legal description of any land to be leased under this section shall be determined by surveys that are satisfactory to the Secretary. The cost of such surveys shall be borne by the City. (e) ADDITIONAL TERMS AND CONDITIONS.—Any lease or other agreement entered into under this section shall be subject to such other terms and conditions as the Secretary of the Army determines necessary or appropriate to protect the interests of the United States.

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101 STAT. 1231

DIVISION C—OTHER NATIONAL DEFENSE AUTHORIZATIONS TITLE I—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SEC. 3101. SHORT TITLE

This title may be cited as the "Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1988". PART A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS SEC. 3111. OPERATING EXPENSES

Funds are authorized to be appropriated to the Department of Energy for fiscal year 1988 for operating expenses incurred in carrying out national security programs (including scientific research and development in support of the Armed Forces, strate^c and critical materials necessary for the common defense, and military applications of nuclear energy and related management and support activities) as follows: (1) For weapons activities, $3,483,225,000, to be allocated as follows: (A) For research and development, $769,019,000. (B) For weapons testing, $396,550,000. (C) For production and surveillance, $1,853,830,000. (D) For nuclear directed energy weapons research, development, and testing, $240,000,000. (E) For the defense inertial confinement fusion program, $149,000,000. (F) For program direction, $74,826,000. (2) For defense nuclear materials production, $1,419,521,000 to be allocated as follows: (A) For uranium enrichment for naval reactors, $141,500,000. (B) For other uranium enrichment, $11,500,000. (C) For production reactor operations, $550,035,000. (D) For processing of defense nuclear materials, including naval reactors fuel, $470,700,000, of which $65,000,000 shall be used for special isotope separation. (E) For supporting services, $221,747,000. (F) For program direction, $24,039,000. (3) For environmental restoration and management of defense waste and trcuisportation, $578,519,000, to be allocated as follows: (A) For environmental restoration, $97,798,000. Such funds may also be used for plant and capital equipment. (B) For waste operation and projects, $411,597,000. (C) For waste research and development, $51,082,000. (D) For hazardous waste process planning, $7,112,000. (E) For transportation management, $8,400,000. (F) For program direction, $2,530,000. (4) For verification and control technology, $120,500,000. (5) For nuclear materials safeguards and security technology development program, $73,200,000.

Department of Energy Nationfil Security and Military Applications of Nuclear Energy Authorization Act of 1988.

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PUBLIC LAW 100-180—DEC. 4, 1987 (6) For security investigations, $32,000,000. (7) For naval reactors development, $544,100,000.

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SEC. 3112. PLANT AND CAPITAL EQUIPMENT

Funds are authorized to be appropriated to the Department of Energy for fiscal year 1988 for plant and capital equipment (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, land acquisition related thereto, and acquisition and fabrication of capital equipment not related to construction) necessary for national security programs as follows: (1) For weapons activities: Project 88-D-lOl, general plant projects, various locations, $30,200,000. Project 88-D-102, sanitary wastewater systems consolidation, Los Alamos National Laboratory, Los Alamos, New Mexico, $1,000,000. Project 88-D-103, seismic upgrade, Building 111, Lawrence Livermore National Laboratory, Livermore, California, $1,100,000. Project 88-D-104, safeguards and security upgrade, Phase II, Los Alamos National Laboratory, Los Alamos, New Mexico, $3,500,000. m f Project 88-D-105, special nuclear materials research and development laboratory replacement, Los Alamos National Laboratory, Los Alamos, New Mexico, $10,000,000. Project 88-D-106, nuclear weapons research, development, and testing facilities revitalization, Phase II, various "^"'' locations, $28,962,000. Project 88-D-121, general plant projects, various loca--''^ tions, $33,000,000. Project 88-D-122, facilities capability assurance program, various locations, $19,200,000. Project 88-D-123, security enhancement, Pantex Plant, ^^.., Amarillo, Texas, $5,700,000. Project 88-D-124, fire protection upgrade, various locations, $1,700,000. Project 88-D-125, high explosive machining facility, Pantex Plant, Amarillo, Texas, $2,700,000. Project 88-D-126, personnel radiological monitoring laboratories, various locations, $1,000,000. Project 88-D-129, small intercontinental ballistic missile (SICBM) warhead production facilities, various locations, $20,000,000. Project 87-D-104, safeguards and security enhancements. Phase II, Lawrence Livermore National Laboratory, Livermore, California, $7,000,000. Project 87-D-122, short-range attack missile II (SRAM II) warhead production facilities, various locations, $37,016,000, subject to section 3113(c). Project 87-D-123, protective clothing decontamination facility, Rocky Flats Plant, Golden, Colorado, $4,608,000. Project 87-D-127, environmental, safety, and health upgrade, Mound Plant, Miamisburg, Ohio, $1,737,000. Project 87-D-130, receiving and shipping facility, Pinellas Plant, St. Petersburg, Florida, $2,400,000. -.,.r^

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101 STAT. 1233

Project 86-D-103, decontamination and waste treatment facility, Lawrence Livermore National Laboratory, Livermore, California, $12,000,000. Project 86-D-104, strategic defenses facility, Sandia National Laboratories, Albuquerque, New Mexico, $15,000,000. Project 86-D-105, instrumentation systems laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $8,000,000. Project 86-D-106, laboratory data communications center, Los Alamos National Laboratory, Los Alamos, New Mexico, $12,200,000. Project 86-D-122, structural upgrade of existing plutonium facilities, Rocky Flats Plant, Golden, Colorado, $221,000. Project 86-D-123, environmental hazards elimination, various locations, $13,289,000. Project 86-D-125, safeguards and site security upgrade. Phase II, Pantex Plant, Amarillo, Texas, $2,000,000. Project 86-D-130, tritium loading facility replacement, Savannah River Plant, Aiken, South Carolina, $46,773,000. Project 85-D-102, nuclear weapons research, development, and testing facilities revitalization. Phase I, various locations, $33,500,000. Project 85-D-103, safeguards and security enhancements, Lawrence Livermore National Laboratory and Sandia National Laboratories, Livermore, California, $9,200,000. Project 85-D-105, combined device assembly facility, Nevada Test Site, Las Vegas, Nevada, $28,000,000. Project 85-D-106, hardened engineering test building, Lawrence Livermore National Laboratory, Livermore, California, $100,000. Project 85-D-112, enriched uranium recovery improvements, Y-12 Plant, Oak Ridge, Tennessee, $12,544,000. Project 85-D-113, power plant and steam distribution system, Pantex Plant, Amarillo, Texas, $2,000,000. Project 85-D-115, renovate plutonium building utility systems. Rocky Flats Plant, Golden, Colorado, $1,060,000. Project 85-D-121, air and water pollution control facilities, Y-12 Plant, Oak Ridge, Tennessee, $998,000. Project 84-D-107, nuclear testing facilities revitalization, various locations, $5,458,000. Project 84-D-112, Trident II warhead production facilities, various locations, $3,300,000. Project 84-D-124, environmental improvements, Y-12 Plant, Oak Ridge, Tennessee, $5,878,000. Project 84-D-211, safeguards and site security upgrading, Y-12 Plant, Oak Ridge, Tennessee, $18,253,000. Project 82-D-107, utilities and equipment restoration, replacement, and upgrade. Phase III, various locations, $96,129,000. (2) For materials production: New production reactor, location to be determined, $10,000,000. Project 88-D-146, general plant projects, various locations, $39,030,000. Project 88-D-153, additional reactor safeguards, Savannah River, South Carolina, $2,900,000.

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 101 STAT. 1234

PUBLIC LAW 100-180—DEC. 4, 1987

Project 87-D-150, radioactive liquid effluent treatment facility, Richland, Washington, $5,000,000. Project 87-D-152, environmental protection, plantwide. Savannah River, South Carolina, $2,800,000. Project 87-D-159, environmental, health, and safety improvements. Phases I and II, Feed Materials Production Center, Fernald, Ohio, $35,000,000. Project 86-D-148, special isotope separation project, Idaho Falls, Idaho, $20,000,000. Project 86-D-149, productivity retention program. Phases I, II, and III, various locations, $68,860,000. Project 86-D-151, PUREX electrical system upgrade, Richland, Washington, $1,900,000. Project 86-D-152, reactor electrical distribution system, JHM Savannah River, South Carolina, $4,500,000. Project 86-D-154, effluent treatment facility. Savannah River, South Carolina, $19,175,000. Project 86-D-156, plantwide safeguards systems. Savannah River, South Carolina, $13,000,000. Project 85-D-139, fuel processing restoration, Idaho Fuels Processing Facility, Idaho National Engineering Laboratory, Idaho, $28,000,000. Project 85-D-140, productivity and radiolcmcal improve1 4 ments, Feed Materials Production Center, Fernald, Ohio, $7,831,000. Project 85-D-145, fuel production facility. Savannah River, South Carolina, $21,100,000. Project 84-D-134, safeguards and security improvements, plantwide. Savannah River, South Carolina, $9,685,000. Project 83-D-148, non-radioactive hazardous waste management, $4,200,000. Project 82-D-124, restoration of production capabilities. Phases II, III, IV, and V, various locations, $13,200,000. (3) For defense waste and transportation management: Project 88-D-171, general plant projects, various locations, $25,636,000. Project 88-D-173, Hanford waste vitrification plant, Richland, Washington, $7,500,000. Project 87-D-172, WESF K-3 filter upgrade, Richland, Washington, $2,800,000. Project 87-D-173, 242-A evaporator crystallizer upgrade, Richland, Washington, $7,200,000. Project 87-D-174, 241-AQ tank farm, Richland, Washing" • ton, $22,300,000. Project 87-D-175, steam system rehabilitation. Phase I, Richland, Washington, $12,600,000. Project 87-D-177, test reactor area liquid radioactive waste cleanup system. Phase III, Idaho National Engineering Laboratory, Idaho, $3,900,000. Project 87-D-180, burial ground expansion. Savannah River, South Carolina, $8,200,000. i VProject 87-D-181, diversion box and pump pit containment buildings, Savannah River, South Carolina, $6,800,000. Project 86-D-174, low-level waste processing and ship-^ > ping system. Feed Materials Production Center, Fernald, Ohio, $4,628,000.

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101 STAT. 1235

Project 86-D-175, Idaho National Engineering Laboratory security upgrade, Idaho National Engineering Laboratory, Idaho, $742,000. Project 85-D-157, seventh calcined solids storage facility, Idaho National Engineering Laboratory, Idaho, $2,181,000. Project 85-D-158, central warehouse upgrade, Richland, Washington, $56,000. Project 85-D-159, new waste transfer facilities, H-area, Savannah River, South Carolina, $13,682,000. Project 81-T-105, defense waste processing facility, Savannah River, South Carolina, $120,000,000. Project 77-13-f, waste isolation pilot plant, Delaware Basin, Southeast New Mexico, $35,901,000. (4) For naval reactors development: Project 88-N-lOl, general plant projects, various locations, $6,000,000. Project 88-N-102, expanded core facility receiving station, Naval Reactors Facility, Idaho, $2,100,000. Project 88-N-103, material handling and storage modifications. Knolls Atomic Power Laboratory, Niskayuna, New York, $400,000. Project 88-N-104, prototype availability facilities, Kesselring site, Knolls Atomic Power Laboratory, West Milton, New York, $1,000,000. Project 87-N-102, Kesselring site facilities upgrade, Knolls Atomic Power Laboratory, West Milton, New York, $8,400,000. (5) For capital equipment not related to construction: (A) For weapons activities, $266,230,000, of which $17,000,000 shall be allocated for nuclear directed energy weapons and $10,000,000 shall be allocated for the defense inertial confinement fusion program. (B) For materials production, $91,285,000. (C) For defense waste and transportation management, $43,687,000. (D) For verification and control technology, $5,100,000. (E) For nuclear safeguards and security, $4,600,000. (F) For naval reactors development, $45,000,000.

SEC. 3113. FUNDING LIMITATIONS (a) PROGRAMS, PROJECTS, AND ACTIVITIES OF THE DEPARTMENT OF ENERGY RELATING TO THE STRATEGIC DEFENSE INITIATIVE.—Of the

funds appropriated to the Department of Energy for fiscal year 1988 for operating expenses and plant and capital equipment, not more than $279,000,000 may be obligated or expended for programs, rejects, and activities of the Department of Energy relating to the trategic Defense Initiative. Ob) INERTIAL CONFINEMENT FUSION.—Of the funds appropriated to the Department of Energy for fiscal year 1988 for operating expenses and plant and capital equipment, not less than $159,000,000 shall be used for the defense inertial confinement fusion program, (c) SRAM II.—Funds appropriated to the Department of Energy for fiscal year 1988 for facilities for production of the warhead for the short-range attack missile II (SRAM II) (project 87-D-122) may be obligated only— (1) for facilities which are suitable for production of a warhead compatible with both the SRAM-A and the SRAM II; and

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 101 STAT. 1236 1-

PUBLIC LAW 100-180—DEC. 4, 1987 (2) after the Nuclear Weapons Council certifies that the design of the warhead is compatible with both the SRAM-A and the SRAM IL

SEC. 3114. UNDISTRIBUTED REDUCTIONS (a) TOTAL AUTHORIZATION.—Notwithstanding sections 3111 and

3112, the total amount authorized to be appropriated to the Department of Energy in this title for fiscal year 1988 for national security programs is $7,826,900,000. (b) REQUIREMENT FOR PROJECT REDUCTIONS.—The Secretary of

Energy shall reduce the amounts authorized for the projects listed in sections 3111 and 3112 in such amounts as he determines appropriate to achieve a total reduction of $15,000,000. "

PART 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^ (i) 105 percent of the amount authorized 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 be taken after a period of 30 calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after receipt by the Committees on Armed Services and Appropriations of the Senate and House of Representatives of notice from the Secretary of Energy (in this title referred to as the "Secretary") 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. (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 appropriated by this title. SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS

(a) IN GENERAL.—The Secretary may carry out any construction project under the general plant projects provisions authorized by this title if the total estimated 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 immediately furnish a complete report to the Committees on Armed Services and Appropriations of the Senate and House of Representatives explaining the reasons for the cost variation.

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101 STAT. 1237

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS

(a) IN GENERAL.—(1) Except as provided in paragraph (3), construction on a construction project described in paragraph (2) may not be started, and additional obligations may not be incurred in connection with the project, above the total estimated cost of the construction project whenever the current estimated cost of the project 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 the Congress. (2) Paragraph (1) applies to any construction project which is authorized by section 3112 of this title or which is in support of national security programs of the Department of Energy and wsis authorized by any previous Act. (3) An action described in paragraph (1) may be taken after a period of 30 calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after receipt by the Committees on Armed Services and Appropriations of the Senate and House of Representatives of notice from the Secretary 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. (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

(a) IN GENERAL.—Funds appropriated pursuant to this title may be transferred to other agencies of the Government, but only for the performance of the work for which the funds were authorized and appropriated. Funds so transferred may be merged with the appropriations of the agency to which the funds are transferred. (b) SPECIFIC TRANSFER.—The Secretary of Defense may transfer to the Secretary of Energy not more than $100,000,000 of the funds appropriated for fiscal year 1988 to the Department of Defense for research, development, test, and evaluation for the Defense Agencies for the performance of work on the Strategic Defense Initiative. Funds so transferred— (1) may be used only for research, development, and testing for nuclear directed energy weapons, including plant and capital equipment related thereto; (2) shall be merged with the appropriations of the Department of Energy; and (3) may not be included in calculating the amount of funds obligated or expended for purposes of the funding limitation in section 3113(a). SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN

(a) IN GENERAL.—(1) Within the amounts authorized by this title for plant engineering and design, the Secretary may carry out advance planning and construction designs (including architectural and engineering services) in connection with any proposed construction project if the total estimated cost for such planning and design does not exceed $2,000,000. (2) In any case in which the total estimated cost for such planning and design exceeds $300,000, the Secretary shall notify the Commit-

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PUBLIC LAW 100-180—DEC. 4, 1987

tees on Armed Services and Appropriations of the Senate and House of Representatives in writing of the details of such project at least 30 days before any 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 construction project exceeds $2,000,000, funds for such design must be specifically authorized by law. SEC. 3126. AUTHORITY FOR EMERGENCY CONSTRUCTION DESIGN

In addition to the advance planning and construction design authorized by section 3112, the Secretary may perform planning and design using available funds for any Department of Energy defense activity construction project whenever the Secretary determines that the design must proceed expeditiously in order to meet the needs of national defense or to protect property or human life. SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY

Subject to the provisions of appropriation Acts and section 3121, amounts appropriated pursuant to this title for operating expenses and plant and capital equipment are available for use, when necessary, in connection with all national security programs of the Department of Energy, Government organization and employees.

SEC. 3128. ADJUSTMENTS FOR PAY INCREASES

Appropriations authorized by this title for salary, pay, retirement, or other benefits for Federal employees may be increased by such amounts as may be necessary for increases in such benefits authorized by law. SEC. 3129. AVAILABILITY OF FUNDS

When so specified in an appropriation Act, amounts appropriated pursuant to this title for operating expenses or for plant and capital equipment may remain available until expended. PART C—MISCELLANEOUS PROVISIONS SEC. 3131. ALLOWABLE COSTS TO INCLUDE CERTAIN INFORMATION PROVIDED TO CONGRESS AND STATE LEGISLATURES Contracts.

(a) ALLOWABLE COSTS.—Section 153403) of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1986 (title XV of Public Law 99-145; 42 U.S.C. 7256a(b)) is amended— (1) by inserting "(D" before "Not later than"; and (2) by adding at the end the following new paragraph: "(2) In any regulations implementing subsection (a)(2), the Secretary may not treat as not allowable (by reason of such subsection) the following costs of a contractor: "(A) Costs of providing to Congress or a State legislature, in response to a request from Congress or a State legislature, information of a factual, technical, or scientific nature, or advice of experts, with respect to topics directly related to the performance of the contract. "(B) Costs for transportation, lodging, or meals incurred for the purpose of providing such information or advice.".

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 PUBLIC L A W 100-180—DEC. 4, 1987

101 STAT. 1239

Regulations. section 15340t)) of the Department of Energy National Security and 42 USC 7256a Military Applications of Nuclear Energy Authorization Act of 1986 note. (b) EFFECTIVE DATE.—Regulations to implement paragraph (2) of

(as added by subsection (a)) shall be prescribed not later than 90 days after the date of the enactment of this Act. Such regulations shall apply as if included in the original regulations prescribed under such section. SEC. 3132. MODERNIZATION OF NUCLEAR WEAPONS COMPLEX

President of U.S.

(a) STUDY.—The President shall conduct a study, in consultation with experts in both the Federal Government and the private sector, on the nuclear weapons complex for the purpose of determining the overall size and productive capacity necessary to support national security objectives. 0)) PLAN.—The President shall formulate a plan, based on the study conducted under subsection (a), to modernize the nuclear weapons complex by achieving the necessary size and capacity determined under the study. Such plan shall include— (1) actions necessary to ensure operation of facilities in the nuclear weapons complex in a safe and environmentally acceptable manner; (2) a schedule for implementation of the plan; and (3) the estimated costs of implementation of the plan. (c) REPORT.—The President shall submit a report to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives containing recommendations resulting from the study required by subsection (a) and a description of the lan required by subsection (b). The report shall be submitted by lecember 15, 1988. (d) NUCLEAR WEAPONS COMPLEX DEFINITION.—In this section, the term "nuclear weapons complex" includes facilities for nuclear weapons research, development, and testing, nuclear materials production, nuclear weapons components manufacture, and assembly of nuclear weapons.

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SEC. 3133. REQUIREMENTS TO ENSURE SAFE OPERATION OF N REACTOR Washington. (a) REPORT BY NATIONAL ACADEMY OF SCIENCES.—The Secretary of

Energy shall request the National Academy of Sciences to submit by December 1, 1987, a report summarizing its findings, conclusions, and recommendations relating to the ssrfety of operation of the N Reactor at the Hanford Reservation, Washington (hereafter in this section referred to as the "N Reactor"). Such report shall be prepared from the Academy's current assessment of safety and technical issues at Department of Energy class A reactors being conducted pursuant to section 3136 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987 (division C of Public Law 99-661; 100 Stat. 4064). The report may include a review of the reports and recommendations of the so-called Roddis panel and shall be in addition to any other report submitted by the Academy on the N Reactor to the Department of Energy. The report shall be submitted to— (1) the Secretary of Energy; and (2) the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives and the Committee on Armed Services of the Senate. (b) RESTRICTION ON OPERATION OF N REACTOR.—The Secretary of

Energy—

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PUBLIC LAW 100-180—DEC. 4, 1987 (1) may not operate the N Reactor before January 1, 1988; and (2) may not operate the N Reactor until the Secretary submits to the Committees specified in subsection (a) a certification that the N Reactor is safe to operate. (c) EFFECT ON ENVIRONMENTAL IMPACT STATEMENT.—No require-

ment or restriction in this section (including the delay in operation of the N Reactor until at least December 31, 1987) shall affect or be considered in the application or interpretation of the National Environmental Policy Act (42 U.S.C. 4321 et seq.) to the N Reactor. (d) OPERATION DEFINED.—For purposes of this section, the term "operation" with respect to the N Reactor means any activity carried out for the purpose of producing special nuclear materials by achieving a state of criticality. SEC. 3134. INTERIM OVERSIGHT OF SAFETY OF THE NUCLEAR WEAPONS COMPLEX (a) REQUIREMENT FOR REVIEW AND REPORT.—(1) The Secretary of

Reports.

Energy shall request the National Academy of Sciences to conduct two reviews on the status of the nuclear weapons complex and submit a report on each review. Each such report shall include— (A) a consideration of safety and technical issues at current facilities and a discussion of steps that would enhance the safety of operation of those facilities; (B) a consideration of the environmental impact of the operation of those facilities; (C) an estimation of the approximate useful lifetime of existing reactors; and (D) findings and recommendations. (2) The reports shall be submitted concurrently to the Committees on Armed Services of the Senate and House of Representatives and the Secretary not later than December 1, 1988, and December 1, 1989. (b) REVIEW AND COMMENT BY SECRETARY.—(1) The Secretary shall review the findings and recommendations contained in each report under subsection (a) and shall separately provide to the Committees on Armed Services of the Senate and House of Representatives a report containing— (A) the Secretary's comments on such findings and recommendations; and (B) a description (including cost assessments) of plans of the Secretary to correct any technical problems described in the report or to carry out recommendations set forth in the report. (2) 'Die Secretary shall submit the report required by paragraph (1) no later than 30 days after receipt of each report required by subsection (a). SEC 3135. TIMELY DETERMINATION OF PROPERTY RIGHTS IN INVENTIONS AND DISCOVERIES (a) DEADLINE FOR WAIVER DECISION.—Section 3131(a) of the

42 USC 7261a.

Contracts.

Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987 (title I of division C of Public Law 99-661; 100 Stat. 4061) is amended— (1) by inserting "(1)" before "Whenever any contractor"; (2) by striking out the last sentence; and (3) by adding at the end the following new paragraphs: "(2) Such decision shall be made within 150 days after the date on which a complete request for waiver of such rights has been submit-

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 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1241

ted to the Secretary by the contractor. For purposes of this paragraph, a complete request includes such information, in such detail and form, as the Secretary by regulation prescribes as necessary to allow the Secretary to take into consideration the matters described in subsection (b) in making the decision. "(3) If the Secretary fails to make the decision within such 150-day Reports, period, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate, within 10 days after the end of the 150-day period, a report on the reasons for such failure. The submission of such report shall not relieve the Secretary of the requirement to make the decision under this section. The Secretary shall, at the end of each 30-day period after submission of the first report during which the Secretary continues to fail to make the decision required by this section, submit another report on the reasons for such failure to the committees listed in this paragraph.". (h) EFFECTIVE DATE.—Paragraphs (2) and (8) of section 3131(a) of 42 USC 726ia the Department of Energy National Security and Military Applica- note, tions of Nuclear Energy Authorization Act of 1987 (as added by subsection (a)) shall apply with respect to waiver requests submitted by contractors under that section after March 1, 1988. SEC. 3136. PRODUCTION REACTOR ACQUISITION STRATEGY

(a) REPORT.—The Secretary of Energy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the strategy of the Secretary for acquiring new reactor capacity for the production of nuclear materials. The report shall include the following: (1) An evaluation, including a discussion of all safety features considered, of the alternative sites and technologies for acquiring new reactor capacity for the production of nuclear materials. (2) The associated costs and schedules of such alternative sites and technologies, including annual funding requirements. (3) The recommendations of the Secretary of Energy with respect to— (A) the preferred sites and technologies for acquiring new reactor capacity for the production of nuclear materials; and (B) an acquisition strategy for eventual procurement, either in a phased approach or concurrently, of two reactors with different technologies in different locations. (b) DEADLINE.—The report required by subsection (a) shall be submitted as soon as possible after the date of the enactment of this Act, but no later than February 1, 1988. PART D—DEPARTMENT OF ENERGY SEMICONDUCTOR TECHNOLOGY RESEARCH EXCELLENCE INITIATIVE SEC. 3141. FINDINGS

Congress makes the following findings: (1) Semiconductors and related microelectronic devices are key components in computers, telecommunications equipment, advanced defense systems, and other equipment. (2) Aggregate sales of such equipment, in excess of $230,000,000,000 annually, comprise a significant portion of the gross national product of the United States.

Business and industry.

15 USC 4621.

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15 USC 4622.

PUBLIC LAW 100-180—DEC. 4, 1987 (3) The leadership position of the United States in advanced technology is threatened by (A) competition from foreign businesses which is promoted and facilitated by the increasingly active involvement of foreign governments, and (B) other changes in the nature of foreign competition. (4) The principal cause of the relative shift in strength of the United States and its semiconductor competitors is the establishment of a long-term goal by a major foreign competitor to achieve world superiority in semiconductor research and manufacturing technology and the pursuit of such goal by that competitor by effectively marshalling all of the government, industry, and academic resources needed to achieve that goal. (5) Although the United States semiconductor industry leads all other principal United States industries in terms of its reinvestment in research and development, that has been insufficient by worldwide standards. (6) Electronic equipment is essential to protect the national security of the United States, as is evidenced by the allocation of approximately 35 percent of the total research, development, and procurement budgets of the Department of Defense to electronics research. (7) The Armed Forces of the United States will eventually depend extensively on foreign semiconductor technology unless significant steps are taken, and taken at an early date, to retain United States leadership in semiconductor technology research. (8) It is in the interests of the national security and national economy of the United States for the United States to regain its traditional world leadership in the field of semiconductors. (9) The most effective means of regaining that leadership is through a joint research effort of the Federal Government and private industry of the United States to improve semiconductor manufacturing technology and to develop practical uses for such tecljnology. (10) In order to meet the national defense needs of the United States and to insure the continued vitality of a commercial manufacturing base in the United States, it is essential that priority be given to the development, demonstration, and advancement of the semiconductor technology base in the United States. (11) The national laboratories of the Department of Energy are a major national research resource, and the extensive involvement of such laboratories in the semiconductor research initiatives of the Federal Government and private industry would be an effective use of such laboratories and would help insure the success of such initiatives.

SEC. 3142. ESTABLISHMENT OF THE SEMICONDUCTOR MANUFACTURING TECHNOLOGY RESEARCH INITIATIVE

The Secretary of Energy shall initiate and carry out a program (hereinafter in this subtitle referred to as the "Initiative') of research on semiconductor manufacturing technology and on the practical applications of such technology. The Secretary may carry out the Initiative in a way that complements the activities of a consortium of United States semiconductor manufacturers, materials manufacturers, and equipment manufacturers, established for the purpose of conducting research concerning advanced semiconductor manufacturing techniques and developing techniques to

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adopt manufacturing expertise to a variety of semiconductor products. SEC. 3143. PARTICIPATION OF NATIONAL LABORATORIES DEPARTMENT OF ENERGY

OF THE Schools and colleges. 15 USC 4623.

(a) MISSION OF NATIONAL LABORATORIES.—Each national laboratory of the Department of Energy may participate in research and development projects under the Initiative in conjunction with the Department of Defense or with any consortium, college, or university carrying out any project for or in cooperation with any consortium referred to in section 3142, to the extent that such participation is consistent with the missions of the national laboratory. (b) AGREEMENTS.—The Secretary of Energy may enter into such agreements with the Secretary of Defense, with any consortium referred to in section 3142, and with any college or university as may be necessary to provide for the active participation of the national laboratories of the Department of Energy in the Initiative. (c) RESEARCH AND DEVELOPMENT.—One or more national laboratories of the Department of Energy shall participate in the Initiative by conducting research and development activities relating to research on the^ development of semiconductor manufacturing technologies. Such activities may include research and development relating to materials fabrication, materials characterization, design and modeling of devices, and new processing equipment. SEC. 3144. PERSONNEL EXCHANGES 15 USC 4624. The Secretary of Energy may authorize temporary exchanges of personnel between the national laboratories of the Department of •• ^^ Energy and any domestic firm or any consortium referred to in section 3142 that is participating in the Initiative. The exchange of personnel shall be subject to such restrictions, limitations, terms, and conditions that the Secretary of Energy considers necessary in the interest of national security. SEC. 3145. OTHER DEPARTMENT OF ENERGY RESOURCES 15 USC 4625. (a) AvAiLABiliTY OF RESOURCES.—Subject to subsection (b), the Secretary of Energy may make available to the Department of Defense, to any other department or agency of the Federal Government, and to any consortium that has entered into an agreement in "^' furtherance of the Initiative any facilities, personnel, equipment, services, and other resources of the Department of Energy for the purpose of conducting research and development projects under the Initiative consistent with section 3143(a). OJ) REIMBURSEMENT.—The Secretary may make facilities available, r:. under this section only to the extent that the cost of the use of such facilities is reimbursed by the user. SEC. 3146. BUDGETING FOR SEMICONDUCTOR MANUFACTURING TECH- 15 USC 4626. NOLOGY RESEARCH (a) BUDGET SUBMISSION.—To the extent the Secretary considers

appropriate and necessary, the Secretary of Energy, in preparing the research and development budget of the Department of Energy to be included in the annual budget submitted to the Congress by the President under section 1105(a) of title 31, United States Code, shall provide for programs, projects, and activities that encourage the development of new technology in the field of semiconductors.

91-194 O - 90 - 9: QL.3 Part 2

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(b) BUDGET CATEGORIES.—The programs, projects, and activities described in subsection (a) shall be included in the budget for general science and research activities of the Department of Energy, except that any programs, projects, and activities that directly support and directly benefit the defense activities of the Department shall be included in the budget for atomic energy defense activities of the Department of Energy.

Mh: Contracts.

SEC. 3147. COST-SHARING AGREEMENTS

1 ^ TTSO 4fi97

(a) PERMITTED PROVISIONS.—The director of each national laboratory of the Department of Energy that is participating in the Initiative or the contractor operating any such national laboratory, in carrying out programs under a contract with the Department of Energy, may include in any research and development agreement entered into with a domestic firm in connection with such Initiative a cooperative provision for the domestic firm to pay a portion of the cost of the research and development activities. (b) LIMITATIONS.—(1) Not more than an amount equal to 1 percent of any national laboratory's annual budget shall be received from nonappropriated funds derived from contracts entered into under the Initiative in any fiscal year, except to the extent approved in advance by the Secretary of Energy. (2) No Department of Energy national laboratory may receive more than $10,000,000 of nonappropriated funds under any cooperative research and development agreement entered into under this ,t\3? rsaB:; subsection in connection with the Initiative, except to the extent approved in advance by the Secretary of Energy. 15 USC 4628.

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SEC. 3148. DEPARTMENT OF ENERGY OVERSIGHT OF COOPERATIVE AGREEMENTS RELATING TO THE INITIATIVE (a) PROVISIONS RELATING TO DISAPPROVAL AND MODIFICATION OF

,,,,

15 USC 4629.

AGREEMENTS.—If the Secretary of Energy desires an opportunity to disapprove or require the modification of any agreement under section 3147, the agreement shall provide a 90-day period within which such action may be taken, beginning on the date the agreement is submitted to the Secretary. (h) RECORD OF AGREEMENTS.—Each national laboratory shall maintain a record of all agreements entered into under this section. SEC. 3149. AVOIDANCE OF DUPLICATION

In carrying out the Initiative, the Secretary of Energy shall ensure that unnecessary duplicative research is not performed at the research facilities (including the national laboratories of the Department of Energy) that are participating in the Initiative. 15 USC 4630.

a: 15 USC 4631.

SEC. 3150. AUTHORIZATION OF APPROPRIATIONS

There is authorized to be appropriated to the Department of Energy for fiscal year 1988 the sum of $25,000,000 for general ' r-A science and research activities of the Department of Energy under the Initiative. - ^ > >, * < SEC. 3151. TECHNOLOGY TRANSFER

(a) IN GENERAL.—The Secretary of Energy shall adopt procedures to provide for timely and efficient transfer of semiconductor technology developed under the Initiative pursuant to applicable laws. Executive orders, and regulations. (b) PLAN FOR COMMERCIALIZATION ENHANCEMENT.—(1) Not later than one year after the date on which funds are first appropriated to

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conduct the Initiative, the Secretary of Energy shall transmit to the committees of Congress named in paragraph (2) a plan for the transfer of semiconductor technology and information generated by the Initiative. (2) The committees of Congress referred to in paragraph (1) are the Committees on Armed Services of the Senate and House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Science and Technology of the House of Representatives. TITLE II—NATIONAL DEFENSE STOCKPILE SEC. 3201. SHORT TITLE

This title may be cited as the "National Defense Stockpile Amendments of 1987".

National Defense Stockpile Amendments of 1987. 50 USC 98 note.

SEC. 3202. STOCKPILE REQUIREMENTS (a) PROCEDURE FOR REVISIONS OF STOCKPILE REQUIREMENTS.—Sec-

tion 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b) is amended— (1) in subsection (a), by striking out "The" in the first sentence and inserting in lieu thereof "Subject to subsection (c), the"; (2) in subsection Qa\ by striking out "the following principles" and all that follows and inserting in lieu thereof "the principles stated in section 2(c)."; and (3) by striking out subsection (c) and inserting in lieu thereof the following: "(c)(1) The quantity of any material to be stockpiled under this Act, as in effect on September 30, 1987, may be changed only as provided in this subsection or as otherwise provided by law enacted after the date of the enactment of the National Defense Stockpile Amendments of 1987. "(2) If the President proposes to change the quantity of any President of U.S. material to be stockpiled under this Act, the President shall include a full explanation and justification for the change in the next annual material plan submitted to Congress under section 11(b). "(3) If the proposed change in the case of any material would President of U.S. result in a new requirement for the quantity of such material different from the requirement for that material in effect on September 30, 1987, by less than 10 percent, the change may be made by the President effective on or after the first day of the first fiscal year beginning after the explanation and justification for the proposed change is submitted pursuant to paragraph (2), "(4) In the case of a proposed change not covered by paragraph (3), the proposed change may be made only to the extent expressly authorized by law. "(5) If in any year the reports required by sections 11(b) and 14 are not submitted to Congress as required by law (including the time for such submission), then during the next fiscal year no change under paragraph (3) may be made in the quantity of any material to be stockpiled under this Act.". Ob) PURPOSE OF STOCKPILE.—Section 2 of such Act (50 U.S.C. 98a) is amended by adding at the end the following new subsection: "(c) In providing for the National Defense Stockpile under this Act, Congress establishes the following principles:

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I

PUBLIC LAW 100-180—DEC. 4, 1987 "(1) The purpose of the National Defense Stockpile is to serve the interest of national defense only. The National Defense Stockpile is not to be used for economic or budgetary purposes. "(2) The quantities of materials stockpiled under this Act should be sufficient to sustain the United States for a period of not less than three years during a national emergency situation that would necessitate total mobilization of the economy of the United States for a sustained conventional global war of indefinite duration.".

(c) ANNUAL RECOMMENDATION OF STOCKPILE REQUIREMENTS BY SECRETARY OF DEFENSE.—The Strategic and Critical Materials Stock

Piling Act is amended by adding at the end the following new section: "ANNUAL REPORT ON STOCKPILE REQUIREMENTS

50 USC 98h-5.

"SEC. 14. (a) The Secretary of Defense shall submit to Congress an annual report on stockpile requirements. Each such report shall be submitted with the annual report submitted under section 11(b) and shall include— "(1) the Secretary's recommendations with respect to stockpile requirements; and "(2) the matters required under subsection (b). "(b) Each report under this section shall set forth the national emergency planning assumptions used in determining the stockpile requirements recommended by the Secretary, based upon total mobilization of the economy of the United States for a sustained conventional global war for a period of not less than three years. Assumptions to be set forth include assumptions relating to each of the following: "(1) Length and intensity of the assumed emergency. "(2) The military force structure to be mobilized. "(3) Losses from enemy action. "(4) Military, industrial, and essential civilian requirements If., ^ to support the national emergency. "(5) Budget authority necessary to meet the requirements of total mobilization for the military, industrial, and essential civilian sectors. ^; j >;;,;,; ^ "(6) The availability of supplies of strategic and critical materials from foreign sources, taking into consideration possible shipping losses. "(7) Domestic production of strategic and critical materials. "(8) Civilian austerity measures. President of U.S. "(c) The President shall submit with each report under this section a statement of the plans of the President for meeting the recommendations of the Secretary set forth in the report.". SEC. 3203. STOCKPILE MANAGER (a) CLARIFICATION OF CHARTER OF STOCKPILE MANAGER.—Section

6A of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e-l) is amended to read as follows: NATIONAL DEFENSE STOCKPILE MANAGER

President of U.S.

" S E C 6A. (a) The President shall designate a single Federal office to have responsibility for performing the functions of the President under this Act, other than under sections 7, 8, and 13. The office

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designated shall be one to which appointment is made by the President, by and with the advice and consent of the Senate. "OJ) The individual holding the office designated by the President under subsection (a) shall be known for purposes of functions under this Act as the 'National Defense Stockpile Manager'. "(c) The President may delegate functions of the President under this Act (other than under sections 7, 8, and 13) only to the National Defense Stockpile Manager. Any such delegation made by the President shall remain in effect until specifically revoked by law or Executive order. "(d) During any period during which there is no officer appointed by the President, by and with the advice and consent of the Senate, serving in the position designated by the President under subsection (a) or during which the authority of the President under this Act (other than under sections 7, 8, and 13) has not been delegated to that position, no action may be taken under section 6(b) or 6(d).". (b) REVOCATION OF EXISTING DELEGATION.—Effective 30 days after the date of the enactment of this Act, Executive Order 12155 is revoked and shall be of no further force and effect. (c) SAVINGS PROVISION.—Unless otherwise directed by the President under section 6A of the Strategic and Critical Materials Stock Piling Act, as amended by subsection (a), the designation of a National Defense Stockpile Manager in effect on the day before the date of the enactment of this Act shall remain in effect until the individual so designated ceases to hold the office held by the individual at the time of the designation. SEC. 3204. AUTHORIZED USES OF STOCKPILE TRANSACTION FUND

Section 9(b)(2) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)) is amended by striking out subparagraph (F). SEC. 3205. DEADLINE FOR ANNUAL MATERIALS PLAN

Section 11(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-2(b)) is amended— (1) by striking out "The President" and inserting in lieu thereof "Not later than February 15 of each year, the President"; and (2) by striking out "each year, at the time that the Budget is submitted to Congress pursuant to section 1105 of title 31, United States Code, for the next fiscal year,". SEC. 3206. TECHNICAL AMENDMENTS

(a) CONGRESSIONAL COMMITTEE ACTION.—Section 5(a)(2) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(a)(2)) is amended by striking out "or until" in the first sent;ence and all that follows through "proposed transaction". (b) SECTION HEADING.—Such Act is amended by inserting before section 13 (50 U.S.C. 98h-4) the following: " IMPORTATION O F STRATEGIC AND CRITICAL MATERIALS".

(c) SURPLUS WORDS.—Section 13 of such Act is amended by striking out "Notwithstanding any other provision of law, on and after January 1, 1972, the" and inserting in lieu thereof "The".

President of U.S.

50 USC 98 note, 50 USC 98e-i ^°^-

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 101 STAT. 1248

PUBLIC LAW 100-180—DEC. 4, 1987 TITLE III—CIVIL DEFENSE

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SEC. 3301. AUTHORIZATION OF APPROPRIATION

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There is hereby authorized to be appropriated $134,806,000 for fiscal year 1988 for the purpose of carrying out the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2251 et seq.). SEC. 3302. WITHHOLDING OF FUNDS FOR FAILURE OR REFUSAL TO PARTICIPATE IN SIMULATED NUCLEAR ATTACK EXERCISE

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Funds available to the Federal Emergency Management Agency for fiscal years 1987 and 1988 for obligation under the Federal Civil Defense Act of 1950 may not be withheld or withdrawn on or after the date of the enactment of this Act from any State or any other entity on the basis of the failure or refusal of such State or other entity to participate in a simulated nuclear attack exercise. Any such funds withheld from payment to a State or other entity before the date of the enactment of this Act on such basis shall be paid to such State or other entity, as the case may be, at the earliest practicable date after the date of the enactment of this Act. Approved December 4, 1987.

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LEGISLATIVE HISTORY—H.R. 1748 (S. 1174): HOUSE REPORTS: No. 100-58 (Comm. on Armed Services) and No. 100-446 (Comm. of Conference). SENATE REPORTS: No. 100-57 accompanying S. 1174 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 133 (1987): May 4-8, 11-13, 18-20, considered and passed House. Sept. 11, 15-18, 22-26, 28-30, Oct. 1, 2, S. 1174 considered and passed '" Senate; H.R. 1748, amended, passed in lieu. Oct. 13, S. 1174 considered and passed House, amended. Nov. 18, House agreed to conference report. Nov. 19, Senate agreed to conference report.

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 PUBLIC LAW 100-181—DEC. 4, 1987

101 STAT. 1249

Public Law 100- 181 100th Congress An Act To extend and amend the authorization of appropriations for the Securities and Exchange Commission, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. This Act may be cited as the "Securities and Exchange Commission Authorization Act of 1987". TITLE I—AUTHORIZATION

Dec. 4, 1987 [S. 1452] Securities and Exchange Commission Authorization Act of 1987. 15 USC 78a note.

SEC. 101. Section 35 of the Securities Exchange Act of 1934 (15 U.S.C. 78kk) is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS

"SEC. 35. (a) There are authorized to be appropriated to carry out the functions, powers, and duties of the Commission— "(1) $158,600,000 for fiscal year 1988; and "(2) $172,200,000 for fiscal year 1989. "(b) Of the amounts authorized by subsection (a), the amount which may, subject to section 35A, be obligated or expended by the Commission for the purpose of funding a contract for the establishment and operation of the electronic data gathering, analysis, and retrieval ('EDGAR') system shall not exceed— "(1) $15,000,000 for fiscal year 1988; and "(2) $20,000,000 for fiscal year 1989.". SEC. 102. The Securities Exchange Act of 1934 is amended by inserting after section 35 the following new section: " REQUIREMENTS FOR THE EDGAR SYSTEM

Contracts.

"SEC. 35A. (a)(1) Of the funds appropriated to the Commission 15 USC 1811. pursuant to section 35 of this title for fiscal year 1988 which are available pursuant to section 350t)) for establishment or operation of the electronic data gathering, analysis, and retrieval ('EDGAR') system, the Commission may not obligate or expend more than $5,000,000 for the establishment or operation of the EDGAR system unless the Commission has made the certification required by subsection (c) of this section. "(2) Notwithstanding section 350t)), no funds appropriated for fiscal year 1989 may be obligated or expended for the establishment or operation of the EDGAR system, unless the Commission has— "(A) filed each report required during fiscal year 1988 by Reports. subsection (b) of this section; and "(B) made the certification required by subsection (c) of this section. "(3) Amounts which are available to the Commission under section 350t)) for the EDGAR contract shall be the exclusive source of funds for the procurement and operation of the systems created

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PUBLIC LAW 100-181—DEC. 4, 1987

under that contract by or on behalf of the Securities and Exchange Commission— "(A) for the receipt of filings under Federal securities laws, and "(B) for the automated acceptance and review of the filings ^ and information derived from such filings. Reports. "(b) The Commission shall submit a report to the Committees on Banking, Housing, and Urban Affairs and Governmental Affairs of the Senate and the Committees on Energy and Commerce and Government Operations of the House of Representatives on the status of EDGAR development, implementation, and progress at sixmonth intervals beginning December 31, 1987, and ending at the, close of 1990 (unless otherwise extended by the Congress). Such report shall include the following: "(1) The overall progress and status of the project, including achievement of significant milestones and current project schedule. "(2) The results of Commission efforts to test new or revised technical solutions for key EDGAR functions. In particular, the Jjft following functions shall be addressed and the indicated information provided: "(A) Automating receipt and acceptance processing, including— "(i) development and testing progress and results; "(ii) actual versus estimated development cost; and "(iii) actual effect of this function on Commission & staff needs to assist filers. "(B) Data tagging (identifying financial data for analysis by EDGAR), including— "(i) description of the approach selected, identifying - d '> the types of financial data to be tagged and the calculations to be performed; "(ii) comments by the filer population on the ap.. < proach selected; "(iii) the results of testing this approach, including .&:. *. < information on the number of filers taking part in the test and their representativeness of the overall filer population; (iv) actual versus estimated development cost; and "(v) effect of implementing this function on EDGAR benefits. i ^ "(C) Searching text for keywords, including— "(i) the technical approach adopted for this function; "(ii) development and testing progress and results; "(iii) data storage requirements and search response times as compared to EDGAR pilot system experience; I A* "(iv) actual versus estimated development cost; and "(v) effect of implementing this function on EDGAR »K;,- '"'^- •• ' benefits. "(3) An update of cost information for the receipt, acceptance and review, and dissemination portions of the system including a comparison of actual costs with original estimated costs and revised estimates of total system cost and total funding needs for the contract. "(4) The status of Commission efforts to obtain and maintain staff with the proper contractual, managerial, and technical expertise to oversee the EDGAR project.

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