[Congressional Record Volume 164, Number 93 (Wednesday, June 6, 2018)]
[Senate]
[Page S3227]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2293. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 5515, to authorize appropriations for 
fiscal year 2019 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle C of title XXVIII, add the 
     following:

     SEC. 2823. RELEASE OF RESTRICTIONS, UNIVERSITY OF CALIFORNIA, 
                   SAN DIEGO.

       (a) Release.--The Secretary of the Navy may, upon receipt 
     of full consideration as provided in subsection (b), release 
     to the Regents of the University of California (in this 
     section referred to as the ``University of California'') all 
     remaining right, title, and interest of the United States, 
     including restrictions on use imposed by deed or otherwise 
     and reversionary rights, in and to a parcel of real property 
     consisting of approximately 495 acres that comprises part of 
     the San Diego campus of the University of California.
       (b) Consideration.--
       (1) Consideration required.--As consideration for the 
     release under subsection (a), the University of California 
     shall provide an amount that is acceptable to the Secretary 
     of the Navy, whether by cash payment, in-kind consideration 
     as described under paragraph (2), or a combination thereof, 
     at such time as the Secretary may require. The consideration 
     under this paragraph shall be based on an appraisal approved 
     by the Secretary of the value to the Department of the Navy 
     of the restrictions released under subsection (a), except 
     that in determining the value of such restrictions, there 
     shall be excluded the value of any existing improvements to 
     the property made by or on behalf of the University of 
     California and the value of the University of California's 
     existing rights to the property.
       (2) In-kind consideration.--In-kind consideration provided 
     by the University of California under paragraph (1) may 
     include goods or services that benefit the Department of the 
     Navy and may take into consideration the value which has 
     accrued to the Department of the Navy from the San Diego 
     campus of the University of California's research, education, 
     and clinical care activities, as well as the contracts, 
     grants, and other collaborations between the Department of 
     the Navy and the San Diego campus of the University of 
     California.
       (3) Treatment of consideration received.--Consideration in 
     the form of cash payment received by the Secretary under 
     paragraph (1) shall be deposited in the separate fund in the 
     Treasury described in section 572(a)(1) of title 40, United 
     States Code.
       (c) Payment of Costs of Release.--
       (1) Payment required.--The Secretary of the Navy shall 
     require the University of California to cover costs to be 
     incurred by the Secretary, or to reimburse the Secretary for 
     such costs incurred by the Secretary, to carry out the 
     release under subsection (a), including survey costs, costs 
     for environmental documentation related to the release, and 
     any other administrative costs related to the release. If 
     amounts are collected from the University of California in 
     advance of the Secretary incurring the actual costs, and the 
     amount collected exceeds the costs actually incurred by the 
     Secretary to carry out the release, the Secretary shall 
     refund the excess amount to the University of California.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the release under subsection 
     (a) or, if the period of availability of obligations for that 
     appropriation has expired, to the appropriations of a fund 
     that is currently available to the Secretary for the same 
     purpose. Amounts so credited shall be merged with amounts in 
     such fund or account and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property that is the subject of the 
     release under subsection (a) shall be determined by a survey 
     or other documentation satisfactory to both the Secretary of 
     the Navy and the University of California.
       (e) Reversionary Interest.--The Secretary may amend the 
     conveyance instrument to establish a period of applicability 
     of a reversionary interest consistent with conveyances for 
     educational purposes with the period commencing with the date 
     of the original conveyance.
       (f) Additional Terms and Conditions.--The Secretary of the 
     Navy may require such additional terms and conditions in 
     connection with the release under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
                                 ______