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SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS REQUIRED TO BE SPECIFIED BY 
LAW. 
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE 
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVI for military 
construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment program 
(and authorizations of appropriations therefor) shall ex-
pire on the later of— 
(1) October 1, 2009; or 
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year 
2010. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
authorizations for military construction projects, land ac-
quisition, family housing projects and facilities, and con-
tributions to the North Atlantic Treaty Organization Se-
curity Investment program (and authorizations of appro-
priations therefor), for which appropriated funds have 
been obligated before the later of— 
(1) October 1, 2009; or 
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2010 for military con-
struction projects, land acquisition, family housing 
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projects and facilities, or contributions to the North 
Atlantic Treaty Organization Security Investment 
program. 
SEC. 2702. EFFECTIVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI 
of this Act shall take effect on the later of— 
(1) October 1, 2006; or 
(2) the date of the enactment of this Act. 
TITLE 
VIII—MILITARY 
CON-
STRUCTION GENERAL PROVI-
SIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Increase in maximum annual amount authorized to be obligated for 
emergency military construction. 
Sec. 2802. Applicability of local comparability of room pattern and floor area 
requirements to construction, acquisition, and improvement to 
military unaccompanied housing. 
Sec. 2803. Authority to use proceeds from sale of military family housing to 
support military housing privatization initiative. 
Sec. 2804. Repeal of special requirement for military construction contracts on 
Guam. 
Sec. 2805. Congressional notification of cancellation ceiling for Department of 
Defense energy savings performance contracts. 
Sec. 2806. Expansion of authority to convey property at military installations 
to support military construction. 
Sec. 2807. Pilot projects for acquisition or construction of military unaccom-
panied housing. 
Sec. 2808. Consideration of alternative and more efficient uses for general offi-
cer and flag officer quarters in excess of 6,000 square feet. 
Sec. 2809. Repeal of temporary minor military construction program. 
Sec. 2810. One-year extension of temporary, limited authority to use operation 
and maintenance funds for construction projects outside the 
United States. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2821. Consolidation of Department of Defense authorities regarding grant-
ing of easements for rights-of-way. 
Sec. 2822. Authority to grant restrictive easements in connection with land con-
veyances. 
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Sec. 2823. Maximum term of leases for structures and real property relating 
to structures in foreign countries needed for purposes other 
than family housing. 
Sec. 2824. Consolidation of laws relating to transfer of Department of Defense 
real property within the department and to other Federal agen-
cies. 
Sec. 2825. Congressional notice requirements in advance of acquisition of land 
by condemnation for military purposes. 
Sec. 2826. Defense access road program. 
Subtitle C—Base Closure and Realignment 
Sec. 2831. Treatment of lease proceeds from military installations approved for 
closure or realignment after January 1, 2005. 
Subtitle D—Land Conveyances 
Sec. 2841. Land conveyance, Naval Air Station, Barbers Point, Hawaii. 
Sec. 2842. Modification of land acquisition authority, Perquimans County, 
North Carolina. 
Sec. 2843. Land conveyance, Radford Army Ammunition Plant, Pulaski Coun-
ty, Virginia. 
Sec. 2844. Land conveyance, North Hills Army Reserve Center, Allison Park, 
Pennsylvania. 
Sec. 2845. Modifications to land conveyance authority, Engineering Proving 
Ground, Fort Belvoir, Virginia. 
Sec. 2846. Sense of Congress regarding land conveyance involving Army Re-
serve Center, Marshall, Texas. 
Subtitle E—Other Matters 
Sec. 2851. Availability of community planning assistance relating to encroach-
ment of civilian communities on military facilities used for 
training by the Armed Forces. 
Sec. 2852. Prohibitions against making certain military airfields or facilities 
available for use by civil aircraft. 
Subtitle A—Military Construction 
Program and Military Family 
Housing Changes 
SEC. 2801. INCREASE IN MAXIMUM ANNUAL AMOUNT AU-
THORIZED TO BE OBLIGATED FOR EMER-
GENCY MILITARY CONSTRUCTION. 
Section 2803(c)(1) of title 10, United States Code, 
is amended by striking ‘‘$45,000,000’’ and inserting 
‘‘$60,000,000’’. 
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SEC. 2802. APPLICABILITY OF LOCAL COMPARABILITY OF 
ROOM PATTERN AND FLOOR AREA REQUIRE-
MENTS TO CONSTRUCTION, ACQUISITION, 
AND IMPROVEMENT TO MILITARY UNACCOM-
PANIED HOUSING. 
(a) APPLICATION
TO MILITARY UNACCOMPANIED 
HOUSING.—Section 2826 of title 10, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘or military unaccom-
panied housing’’ after ‘‘military family housing’’ 
the first place it appears; and 
(B) by striking ‘‘military family housing’’ 
the second place it appears and inserting ‘‘such 
housing’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘REQUESTS FOR AUTHOR-
ITY FOR MILITARY FAMILY HOUSING’’ and in-
serting ‘‘INFORMATION ON NET FLOOR AREAS 
OF PROPOSED UNITS’’; 
(B) in paragraph (1)— 
(i) by inserting ‘‘or military unaccom-
panied housing’’ after ‘‘military family 
housing’’ the first place it appears; and 
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(ii) by striking ‘‘military family hous-
ing’’ the second place it appears and in-
serting ‘‘such housing’’; and 
(C) in paragraph (2), by striking ‘‘military 
family housing unit’’ and inserting ‘‘unit of 
military family housing or military unaccom-
panied housing’’. 
(b) WAIVER AUTHORITY.—Such section is further 
amended by adding at the end the following new sub-
section: 
‘‘(c) WAIVER AUTHORITY.—The Secretary concerned 
may waive the requirements of subsection (a) in the case 
of the construction, acquisition, or improvement of mili-
tary unaccompanied housing on a case-by-case basis. The 
Secretary shall include the reasons for the waiver in the 
request submitted to Congress for authority to carry out 
the construction, acquisition, or improvement project.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 2826. Local comparability of room patterns and 
floor areas’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of subchapter II of chapter 169 of 
such title is amended by striking the item relating 
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to section 2826 and inserting the following new 
item: 
‘‘2826. Local comparability of room patterns and floor areas.’’. 
(d) REPEAL OF SUPERSEDED PROVISION.— 
(1) REPEAL.—Section 2856 of such title is re-
pealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter III of chapter 
169 of such title is amended by striking the item re-
lating to section 2856. 
(e) CONFORMING AMENDMENTS REGARDING ALTER-
NATIVE ACQUISITION AND IMPROVEMENT AUTHORITY.— 
Section 2880(b) of such title is amended— 
(1) by striking ‘‘(1)’’; 
(2) by inserting ‘‘or military unaccompanied 
housing’’ after ‘‘military family housing’’; and 
(3) by striking paragraph (2). 
SEC. 2803. AUTHORITY TO USE PROCEEDS FROM SALE OF 
MILITARY FAMILY HOUSING TO SUPPORT 
MILITARY HOUSING PRIVATIZATION INITIA-
TIVE. 
(a) TRANSFER FLEXIBILITY.—Section 2831 of title 
10, United States Code, is amended— 
(1) in subsection (b), by striking ‘‘There’’ and 
inserting ‘‘Except as provided in subsection (e), 
there’’; 
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(2) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(3) by inserting after subsection (d) the fol-
lowing new subsection (e): 
‘‘(e) AUTHORITY TO TRANSFER CERTAIN PROCEEDS 
TO SUPPORT MILITARY HOUSING PRIVATIZATION INITIA-
TIVE.—(1) The Secretary concerned may transfer family 
housing proceeds referred to in subsection (b)(3) to the 
Department of Defense Family Housing Improvement 
Fund established under section 2883(a)(1) of this title. 
‘‘(2) A transfer of proceeds under paragraph (1) may 
be made only after the end of the 30-day period beginning 
on the date the Secretary concerned submits written notice 
of, and justification for, the transfer to the appropriate 
committees of Congress or, if earlier, the end of the 14- 
day period beginning on the date on which a copy of the 
notice and justification is provided in an electronic me-
dium pursuant to section 480 of this title.’’. 
(b) STYLISTIC AMENDMENTS.—Such section is fur-
ther amended— 
(1) in subsection (a), by inserting ‘‘ESTABLISH-
MENT.—’’ after ‘‘(a)’’; 
(2) in subsection (b), by inserting ‘‘CREDITS TO 
ACCOUNT.—’’ after ‘‘(b)’’; 
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(3) in subsection (c), by inserting ‘‘AVAIL-
ABILITY OF AMOUNTS IN ACCOUNT.—’’ after ‘‘(c)’’; 
and 
(4) in subsection (d), by inserting ‘‘USE OF AC-
COUNT.—’’ after ‘‘(d)’’. 
(c) CONFORMING AMENDMENT.—Section 2883(c)(1) 
of such title is amended by adding at the end the following 
new subparagraph: 
‘‘(G) Proceeds of the handling and the disposal 
of family housing of a military department that the 
Secretary concerned transfers to that Fund pursu-
ant to section 2831(e) of this title.’’. 
SEC. 2804. REPEAL OF SPECIAL REQUIREMENT FOR MILI-
TARY CONSTRUCTION CONTRACTS ON GUAM. 
(a) REPEAL.—Section 2864 of title 10, United States 
Code, is repealed. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter III of chapter 169 of such 
title is amended by striking the item relating to section 
2864. 
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SEC. 2805. CONGRESSIONAL NOTIFICATION OF CANCELLA-
TION CEILING FOR DEPARTMENT OF DE-
FENSE 
ENERGY 
SAVINGS 
PERFORMANCE 
CONTRACTS. 
Section 2865 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g) CONGRESSIONAL NOTIFICATION OF CANCELLA-
TION CEILING
FOR ENERGY SAVINGS PERFORMANCE 
CONTRACTS.—When a decision is made to award an en-
ergy savings performance contract that contains a clause 
setting forth a cancellation ceiling in excess of $7,000,000, 
the Secretary of Defense shall submit to the appropriate 
committees of Congress written notification of the pro-
posed contract and of the proposed cancellation ceiling for 
the contract. The notification shall include the justifica-
tion for the proposed cancellation ceiling. The contract 
may then be awarded only after the end of the 30-day 
period beginning on the date the notification is received 
by such committees or, if earlier, the end of the 15-day 
period beginning on the date on which a copy of the notifi-
cation is provided in an electronic medium pursuant to 
section 480 of this title.’’. 
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SEC. 2806. EXPANSION OF AUTHORITY TO CONVEY PROP-
ERTY AT MILITARY INSTALLATIONS TO SUP-
PORT MILITARY CONSTRUCTION. 
(a) INCLUSION OF ALL MILITARY INSTALLATIONS.— 
Subsection (a) of section 2869 of title 10, United States 
Code, is amended— 
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(2) by inserting ‘‘(1)’’ before ‘‘The Secretary 
concerned’’; 
(3) by striking ‘‘located on a military installa-
tion that is closed or realigned under a base closure 
law’’ and inserting ‘‘described in paragraph (2)’’; 
and 
(4) by adding at the end the following new 
paragraph: 
‘‘(2) Paragraph (1) applies with respect to real prop-
erty under the jurisdiction of the Secretary concerned 
that— 
‘‘(A) is located on a military installation that is 
closed or realigned under a base closure law; or 
‘‘(B) is determined to be excess to the needs of 
the Department of Defense.’’. 
(b) USE OF AUTHORITY TO SUPPORT AGREEMENTS 
TO LIMIT ENCROACHMENTS.—Subparagraph (A) of para-
graph (1) of subsection (a) of such section, as redesig-
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nated and amended by subsection (a), is further amended 
by striking ‘‘land acquisition’’ and inserting ‘‘land acquisi-
tion, including a land acquisition under an agreement en-
tered into under section 2684a of this title to limit en-
croachments and other constraints on military training, 
testing, and operations’’. 
(c) ADVANCE NOTICE OF USE OF AUTHORITY; CON-
TENT
OF NOTICE.—Subsection (d) of such section is 
amended— 
(1) in paragraph (1), by striking ‘‘closed or re-
aligned under the base closure laws is to be con-
veyed’’ and inserting ‘‘is proposed for conveyance’’; 
(2) by striking paragraph (2) and inserting the 
following new paragraph: 
‘‘(2) The Secretary concerned may not enter into an 
agreement under subsection (a) for the conveyance of real 
property until— 
‘‘(A) the Secretary submits to Congress notice 
of the conveyance, including— 
‘‘(i) a description of the military construc-
tion project, land acquisition, military family 
housing, or military unaccompanied housing to 
be carried out under the agreement in exchange 
for the conveyance of the property; and 
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‘‘(ii) the amount of any payment to be 
made under subsection (b) or under section 
2684a(d) of this title to equalize the fair mar-
ket values of the property to be conveyed and 
the military construction project, land acquisi-
tion, military family housing, or military unac-
companied housing to be carried out under the 
agreement in exchange for the conveyance of 
the property; and 
‘‘(B) a period of 21 days has elapsed from the 
date of receipt of the notice or, if over sooner, a pe-
riod of 14 days has elapsed from the date on which 
a copy of the notice is provided in an electronic me-
dium pursuant to section 480 of this title.’’. 
(d) DEPOSIT AND USE OF FUNDS.—Subsection (e) 
of such section is amended to read as follows: 
‘‘(e) DEPOSIT AND USE OF FUNDS.—(1) The Sec-
retary concerned shall deposit funds received under sub-
section (b) in the appropriation ‘Foreign Currency Fluc-
tuations, Construction, Defense’. 
‘‘(2) The funds deposited under paragraph (1) shall 
be available, in such amounts as provided in appropriation 
Acts, for the purpose of paying increased costs of overseas 
military construction and family housing construction or 
improvement associated with unfavorable fluctuations in 
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currency exchange rates. The use of such funds for this 
purpose does not relieve the Secretary concerned from the 
duty to provide advance notice to Congress under section 
2853(c) of this title whenever the Secretary approves an 
increase in the cost of an overseas project under such sec-
tion.’’. 
(e) ANNUAL REPORTS; EFFECT
OF FAILURE
TO 
SUBMIT.—Subsection (f) of such section is amended— 
(1) by redesignating paragraphs (1), (2), and 
(3) as subparagraphs (A), (B), and (C), respectively; 
(2) in subparagraph (C), as so redesignated, by 
inserting before the period at the end the following: 
‘‘and of excess real property at military installa-
tions’’; 
(3) by striking ‘‘(f)’’ and all that follows 
through ‘‘the following:’’ and inserting the following: 
‘‘(f) ANNUAL REPORTS; EFFECT OF FAILURE TO 
SUBMIT.—(1) Not later than March 15 of each year, the 
Secretary of Defense shall submit to Congress a report 
detailing the following:’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(2) If the report for a year is not submitted to Con-
gress by the date specified in paragraph (1), the Secretary 
concerned may not enter into an agreement under sub-
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section (a) after that date for the conveyance of real prop-
erty until the date on which the report is finally sub-
mitted.’’. 
(f) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 2869. Conveyance of property at military installa-
tions to support military construction or 
limit encroachment’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of subchapter III of chapter 169 of 
such title is amended by striking the item relating 
to section 2869 and inserting the following new 
item: 
‘‘2869. Conveyance of property at military installations to support military con-
struction or limit encroachment.’’. 
(g) CONFORMING AMENDMENTS TO DEPARTMENT OF 
DEFENSE HOUSING FUNDS.—Section 2883(c) of such 
title is amended— 
(1) in paragraph (1), by striking subparagraph 
(F); and 
(2) in paragraph (2), by striking subparagraph 
(F). 
(h) CONFORMING AMENDMENTS TO AUTHORITY TO 
LIMIT ENCROACHMENTS.—Subsection (d)(3) of section 
2684a of such title is amended— 
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(1) by redesignating subparagraphs (B) and 
(C) as subparagraphs (C) and (D), respectively; 
(2) in subparagraph (C), as so redesignated, by 
striking ‘‘in the sharing of acquisition costs of real 
property, or an interest in real property, under para-
graph (1)(B)’’ and inserting ‘‘under subparagraph 
(A), either through the contribution of funds or ex-
cess real property, or both,’’; and 
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraph (B): 
‘‘(B) In lieu of or in addition to making a monetary 
contribution toward the cost of acquiring a parcel of real 
property, or an interest therein, pursuant to an agreement 
under this section, the Secretary concerned may convey, 
using the authority provided by section 2869 of this title, 
real property described in subsection (a)(2) of such sec-
tion.’’. 
SEC. 2807. PILOT PROJECTS FOR ACQUISITION OR CON-
STRUCTION OF MILITARY UNACCOMPANIED 
HOUSING. 
(a) EXTENSION
OF AUTHORITY
TO CARRY OUT 
PILOT PROJECTS.—Subsection (f) of section 2881a of 
title 10, United States Code, is amended by striking 
‘‘2007’’ and inserting ‘‘2011’’. 
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(b) AUTHORIZED PROJECTS.—Subsection (a) of such 
section is amended by striking ‘‘three pilot projects’’ and 
inserting ‘‘six pilot projects’’. 
(c) NOTIFICATION OF FUNDING TRANSFERS.—Sub-
section (d)(2) of such section is amended by striking ‘‘90 
days prior notification’’ and inserting ‘‘45 days prior noti-
fication, or 30 days if the notification is provided in an 
electronic medium pursuant to section 480 of this title,’’. 
(d) REPORT SUBMISSION.—Subsection (e)(2) of such 
section is amended by striking the second sentence and 
inserting the following new sentence: ‘‘The Secretary may 
then issue the contract solicitation or offer the conveyance 
or lease after the end of the 45-day period beginning on 
the date the report is received by the appropriate commit-
tees of Congress or, if earlier, the end of the 30-day period 
beginning on the date on which a copy of the report is 
provided in an electronic medium pursuant to section 480 
of this title.’’. 
SEC. 2808. CONSIDERATION OF ALTERNATIVE AND MORE 
EFFICIENT USES FOR GENERAL OFFICER 
AND FLAG OFFICER QUARTERS IN EXCESS OF 
6,000 SQUARE FEET. 
(a) REPORTING REQUIREMENTS.—Paragraph (1) of 
subsection (f) of section 2831 of title 10, United States 
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Code, as redesignated by section 2803(a)(2), is amend-
ed— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end of the subparagraph; 
(2) in subparagraph (B)— 
(A) by striking ‘‘so identified’’ and insert-
ing ‘‘identified under subparagraph (A)’’; and 
(B) by striking the period at the end of the 
subparagraph and inserting a semicolon; and 
(3) by adding at the end the following new sub-
paragraphs: 
‘‘(C) identifying each family housing unit in ex-
cess of 6,000 square feet used, or intended for use, 
as quarters for a general officer or flag officer; 
‘‘(D) for each family housing unit identified 
under subparagraph (C), specifying any alternative 
and more efficient use to which the unit could be 
converted (which would include any costs necessary 
to convert the unit) and containing an explanation 
of the reasons why the unit is not being converted 
to the alternative use; and 
‘‘(E) for each family housing unit identified 
under subparagraph (C) for which costs under sub-
paragraph (A) or new construction costs are antici-
pated to exceed $100,000 in the next fiscal year, 
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specifying any alternative use to which the unit 
could be converted (which would include any costs 
necessary to convert the unit) and an estimate of the 
costs to demolish and rebuild the unit to private sec-
tor standards.’’. 
(b) CONFORMING AMENDMENT.—The heading of 
such subsection is amended by striking ‘‘COST OF’’. 
SEC. 2809. REPEAL OF TEMPORARY MINOR MILITARY CON-
STRUCTION PROGRAM. 
Section 2810 of the Military Construction Authoriza-
tion Act for Fiscal Year 2006 (division B of Public Law 
109–163; 119 Stat. 3509) is repealed. 
SEC. 2810. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED 
AUTHORITY TO USE OPERATION AND MAIN-
TENANCE 
FUNDS 
FOR 
CONSTRUCTION 
PROJECTS OUTSIDE THE UNITED STATES. 
Section 2808(a) of the Military Construction Author-
ization Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1723), as amended by section 2810 
of the Military Construction Authorization Act for Fiscal 
Year 2005 (division B of Public Law 108–375; 118 Stat. 
2128) and section 2809 of the Military Construction Au-
thorization Act for Fiscal Year 2006 (division B of Public 
Law 109–163; 119 Stat. 3508), is further amended by 
striking ‘‘and 2006’’ and inserting ‘‘through 2007’’. 
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Subtitle B—Real Property and 
Facilities Administration 
SEC. 2821. CONSOLIDATION OF DEPARTMENT OF DEFENSE 
AUTHORITIES 
REGARDING 
GRANTING 
OF 
EASEMENTS FOR RIGHTS-OF-WAY. 
(a) CONSOLIDATION.—Subsection (a) of section 2668 
of title 10, United States Code, is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘he’’ both places it appears 
and inserting ‘‘the Secretary’’; and 
(B) by striking ‘‘his control, to a State, 
Commonwealth, or possession, or political sub-
division thereof, or to a citizen, association, 
partnership, or corporation of a State, Com-
monwealth, or possession,’’ and inserting ‘‘the 
Secretary’s control’’; 
(2) in paragraph (2), by striking ‘‘oil pipe 
lines’’ and inserting ‘‘gas, water, sewer, and oil pipe 
lines’’; and 
(3) in paragraph (13), by striking ‘‘he considers 
advisable, except a purpose covered by section 2669 
of this title’’ and inserting ‘‘the Secretary considers 
advisable’’. 
(b) STYLISTIC AMENDMENTS.—Such section is fur-
ther amended— 
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(1) in subsection (a), by inserting ‘‘AUTHOR-
IZED TYPES OF EASEMENTS.—’’ after ‘‘(a)’’; 
(2) in subsection (b), by inserting ‘‘LIMITATION 
ON SIZE OF EASEMENT.—’’ after ‘‘(b)’’; 
(3) in subsection (c), by inserting ‘‘TERMI-
NATION.—’’ after ‘‘(c)’’; 
(4) in subsection (d), by inserting ‘‘NOTICE TO 
DEPARTMENT
OF
THE INTERIOR.—’’ after ‘‘(d)’’; 
and 
(5) in subsection (e), by inserting ‘‘DISPOSI-
TION OF CONSIDERATION.—’’ after ‘‘(e)’’. 
(c) CONFORMING REPEAL.—Section 2669 of such 
title is repealed. 
(d) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 159 of such title is amended 
by striking the item related to section 2669. 
SEC. 2822. AUTHORITY TO GRANT RESTRICTIVE EASE-
MENTS IN CONNECTION WITH LAND CONVEY-
ANCES. 
(a) RESTRICTIVE EASEMENTS.—Chapter 159 of title 
10, United States Code, is amended by inserting after sec-
tion 2668 the following new section: 
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‘‘§ 2668a. Restrictive easements: granting easement in 
connection with land conveyances 
‘‘(a) AUTHORITY TO INCLUDE RESTRICTIVE EASE-
MENT.—In connection with the conveyance of real prop-
erty by the Secretary concerned under any provision of 
law, the Secretary concerned may grant an easement re-
stricting future uses of the conveyed real property for a 
conservation 
purpose 
consistent 
with 
section 
170(h)(4)(A)(iv) of the Internal Revenue Code of 1986 
(26 U.S.C. 170(h)(4)(A)(iv)). 
‘‘(b) AUTHORIZED RECIPIENTS.—An easement under 
subsection (a) may be granted only to a State or local gov-
ernment or a qualified organization, as that term is used 
in section 170(h) of the Internal Revenue Code of 1986 
(26 U.S.C. 170(h)). 
‘‘(c) LIMITATION ON USE OF CONSERVATION EASE-
MENTS.—An easement under subsection (a) may not be 
granted unless— 
‘‘(1) the Secretary concerned determines that 
the conservation purpose to be promoted by the 
easement cannot be effectively achieved through the 
application of State law by the State or a local gov-
ernment; 
‘‘(2) the Secretary consults with the local gov-
ernment whose jurisdiction encompasses the prop-
erty regarding the grant of the easement; and 
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‘‘(3) the Secretary can give or assign to a third 
party the responsibility for monitoring and enforcing 
the easement. 
‘‘(d) ACREAGE LIMITATION.—No easement granted 
under this section may include more land than is nec-
essary for the easement. 
‘‘(e) TERMS AND CONDITIONS.—The grant of an 
easement under this section shall be subject to such terms 
and conditions as the Secretary considers advisable.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2668 the following new 
item: 
‘‘2668a. Restrictive easements: granting easement in connection with land con-
veyances.’’. 
SEC. 2823. MAXIMUM TERM OF LEASES FOR STRUCTURES 
AND REAL PROPERTY RELATING TO STRUC-
TURES IN FOREIGN COUNTRIES NEEDED FOR 
PURPOSES OTHER THAN FAMILY HOUSING. 
Section 2675(a) of title 10, United States Code, is 
amended by striking ‘‘five years’’ and inserting ‘‘10 
years’’. 
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SEC. 2824. CONSOLIDATION OF LAWS RELATING TO TRANS-
FER OF DEPARTMENT OF DEFENSE REAL 
PROPERTY WITHIN THE DEPARTMENT AND 
TO OTHER FEDERAL AGENCIES. 
(a) INCLUSION OF TRANSFER AUTHORITY BETWEEN 
ARMED FORCES.—Section 2696 of title 10, United States 
Code, is amended— 
(1) by redesignating subsections (a) and (b) as 
subsections (b) and (c), respectively; and 
(2) by inserting before subsection (b), as so re-
designated, the following new subsection: 
‘‘(a) TRANSFERS BETWEEN ARMED FORCES.—If ei-
ther of the Secretaries concerned requests it and the other 
approves, real property may be transferred, without com-
pensation, from one armed force to another. Section 
2571(d) of this title shall apply to the transfer of real 
property under this subsection.’’. 
(b) INCLUSION OF DEPARTMENT OF JUSTICE PRO-
GRAM.—The text of section 2693 of such title is amend-
ed— 
(1) by redesignating paragraphs (1), (2), and 
(3) of subsection (a) as subparagraphs (A), (B), and 
(C), respectively; 
(2) by redesignating paragraphs (1) and (2) of 
subsection (b) as subparagraphs (A) and (B), re-
spectively, and in such subparagraph (B), as so re-
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designated, by striking ‘‘this section’’ and inserting 
‘‘paragraph (1)’’; 
(3) by striking ‘‘(a) Except as provided in sub-
section (b)’’ and inserting ‘‘(f) DEPARTMENT
OF 
JUSTICE CORRECTIONAL OPTIONS PROGRAM.—(1) 
Except as provided in paragraph (2)’’; 
(4) by striking ‘‘(b) The provisions of this sec-
tion’’ and inserting ‘‘(2) Paragraph (1)’’; and 
(5) by transferring the text, as so redesignated 
and amended, to appear as a new subsection (f) at 
the end of section 2696 of such title. 
(c) CONFORMING AMENDMENTS.— 
(1) SECTION
2571.—Section 2571(a) of such 
title is amended by striking ‘‘and real estate’’. 
(2) SECTION 2693.—Section 2693 of such title 
is repealed. 
(3) SECTION 2696.—Section 2696 of such title 
is amended— 
(A) in subsection (b), as redesignated by 
subsection (a)(1), by striking ‘‘SCREENING RE-
QUIREMENT.—’’ and inserting ‘‘SCREENING 
REQUIREMENTS
FOR
ADDITIONAL
FEDERAL 
USE.—’’; 
(B) in subsection (c)(1), as redesignated 
by subsection (a)(1), by striking ‘‘subsection 
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(a)’’ in the first sentence and inserting ‘‘sub-
section (b)’’; 
(C) in subsection (d), by striking ‘‘sub-
section 
(b)(1)’’ 
and 
inserting 
‘‘subsection 
(c)(1)’’; and 
(D) in subsection (e), by striking ‘‘this sec-
tion’’ and inserting ‘‘subsection (b)’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION 2571.—(A) The heading of section 
2571 of such title is amended to read as follows: 
‘‘§ 2571. Interchange of supplies and services’’. 
(B) The table of sections at the beginning of 
chapter 153 of such title is amended by striking the 
item relating to section 2571 and inserting the fol-
lowing new item: 
‘‘2571. Interchange of supplies and services.’’. 
(2) SECTIONS 2693 AND 2696.—(A) The heading 
of section 2696 of such title is amended to read as 
follows: 
‘‘§ 2696. Transfers and disposals: interchange among 
armed forces and screening requirements 
for other Federal use’’. 
(B) The table of sections at the beginning of 
chapter 159 of such title is amended— 
(i) by striking the item relating to section 
2693; and 
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(ii) by striking the item relating to section 
2696 and inserting the following new item: 
‘‘2696. Transfers and disposals: interchange among armed forces and screening 
requirements for other Federal use.’’. 
SEC. 2825. CONGRESSIONAL NOTICE REQUIREMENTS IN AD-
VANCE OF ACQUISITION OF LAND BY CON-
DEMNATION FOR MILITARY PURPOSES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Defense, when acquiring land 
for military purposes, should make every effort to do so 
by means of purchases from willing sellers and should em-
ploy condemnation, eminent domain, or seizure procedures 
only as a measure of last resort in cases of compelling 
national security requirements. 
(b) CONGRESSIONAL NOTICE.—Section 2663(a) of 
title 10, United States Code, is amended by adding at the 
end the following new paragraph: 
‘‘(3) Before using condemnation, eminent domain, or 
seizure procedures to acquire any interest in land, includ-
ing land for temporary use, under this subsection, the Sec-
retary of Defense or the Secretary of the military depart-
ment concerned shall submit to the congressional defense 
committees a report that includes certification that the 
Secretary has made every effort to acquire the property 
without use of such procedures, explains the compelling 
requirements for the acquisition and why alternative ac-
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quisition strategies, such as purchases of easements, are 
inadequate, and describes the property for which the pro-
cedures will be employed. Proceedings may be brought 
with respect to the land only after the end of the 14-day 
period beginning on the date on which the report is re-
ceived by the committees or, if over sooner, a period of 
10 days elapses from the date on which a copy of the re-
port is provided in an electronic medium pursuant to sec-
tion 480 of this title.’’. 
SEC. 2826. DEFENSE ACCESS ROAD PROGRAM. 
Section 2837 of the Military Construction Authoriza-
tion Act for Fiscal Year 2006 (division B of Public Law 
109–163; 119 Stat. 3522) is amended— 
(1) in subsection (a), by inserting ‘‘and transit 
systems’’ after ‘‘that roads’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘and’’ at the end of para-
graph (1); and 
(B) by striking paragraph (2) and insert-
ing the following new paragraphs: 
‘‘(2) to determine whether the existing surface 
transportation infrastructure, including roads and 
transit at each installation identified under para-
graph (1) is adequate to support the increased traf-
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fic associated with the increase in the number of de-
fense personnel described in that paragraph; and 
‘‘(3) to determine whether the defense access 
road program adequately considers the complete 
range of surface transportation options, including 
roads and other means of transit, necessary to sup-
port the national defense.’’. 
Subtitle C—Base Closure and 
Realignment 
SEC. 2831. TREATMENT OF LEASE PROCEEDS FROM MILI-
TARY INSTALLATIONS APPROVED FOR CLO-
SURE OR REALIGNMENT AFTER JANUARY 1, 
2005. 
Paragraph (5) of section 2667(d) of title 10, United 
States Code, is amended to read as follows: 
‘‘(5) Money rentals received by the United States 
from a lease under subsection (f) at a military installation 
to be closed or realigned under a base closure law shall 
be deposited— 
‘‘(A) into the account established under section 
2906(a) of the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public 
Law 101–510; 10 U.S.C. 2687 note), if the installa-
tion was approved for closure or realignment before 
January 1, 2005; or 
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‘‘(B) into the account established under section 
2906A(a) of such Act, if the installation was ap-
proved for closure or realignment after January 1, 
2005.’’. 
Subtitle D—Land Conveyances 
SEC. 2841. LAND CONVEYANCE, NAVAL AIR STATION, BAR-
BERS POINT, HAWAII. 
(a) CONVEYANCE
OF PROPERTY.—Not later than 
September 30, 2008, the Secretary of the Navy shall con-
vey, by sale, lease, or a combination thereof, to any public 
or private person or entity outside the Department of De-
fense certain parcels of real property, including any im-
provements thereon, consisting of approximately 499 acres 
located at the former Naval Air Station, Barbers Point, 
Oahu, Hawaii, that are subject to the Ford Island Master 
Development Agreement developed pursuant to section 
2814(a)(2) of title 10, United States Code, for the purpose 
of promoting the beneficial development of the real prop-
erty. 
(b) USE OF EXISTING AUTHORITY.—To implement 
subsection (a), the Secretary may utilize the special con-
veyance and lease authorities provided to the Secretary by 
subsections (b) and (c) of section 2814 of title 10, United 
States Code, for the purpose of developing or facilitating 
the development of Ford Island, Hawaii. 
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(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary. 
(d) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with a conveyance under subsection (a) 
as the Secretary considers appropriate to protect the inter-
ests of the United States. 
SEC. 2842. MODIFICATION OF LAND ACQUISITION AUTHOR-
ITY, PERQUIMANS COUNTY, NORTH CARO-
LINA. 
Section 2846 of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (division B of Public Law 
107–107; 115 Stat. 1320), as amended by section 2865 
of the Military Construction Authorization Act for Fiscal 
Year 2005 (division B of Public Law 108–375; 118 Stat. 
2149) is further amended by striking ‘‘840 acres’’ and in-
serting ‘‘1,540 acres’’. 
SEC. 2843. LAND CONVEYANCE, RADFORD ARMY AMMUNI-
TION PLANT, PULASKI COUNTY, VIRGINIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Army may convey, without consideration, to the De-
partment of Veterans’ Services of the Commonwealth of 
Virginia (in this section referred to as the ‘‘Department’’) 
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HR 5122 PCS 
all right, title, and interest of the United States in and 
to a parcel of real property, including any improvements 
thereon, consisting of approximately 85 acres at the 
Radford Army Ammunition Plant in Pulaski County, Vir-
ginia, for the purpose of permitting the Department to 
establish and operate a State-run cemetery for veterans 
of the Armed Forces. 
(b) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the real property conveyed 
under subsection (a) is not being used in accordance with 
the purpose of the conveyance specified in such subsection, 
all right, title, and interest in and to the property shall 
revert, at the option of the Secretary, to the United States, 
and the United States shall have the right of immediate 
entry onto the property. Any determination of the Sec-
retary under this subsection shall be made on the record 
after an opportunity for a hearing. 
(c) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary shall 
require the Department to cover costs to be incurred 
by the Secretary, or to reimburse the Secretary for 
costs incurred by the Secretary, to carry out the 
conveyance under subsection (a), including survey 
costs, costs related to environmental documentation, 
and other administrative costs related to the convey-
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HR 5122 PCS 
ance. If amounts are collected from the Department 
in advance of the Secretary incurring the actual 
costs, and the amount collected exceeds the costs ac-
tually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess 
amount to the Department. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account 
that was used to cover the costs incurred by the Sec-
retary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund 
or account and shall be available for the same pur-
poses, and subject to the same conditions and limita-
tions, as amounts in such fund or account. 
(d) DESCRIPTION OF REAL PROPERTY.—The exact 
acreage and legal description of the real property to be 
conveyed under subsection (a) shall be determined by a 
survey satisfactory to the Secretary. 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection 
(a) as the Secretary considers appropriate to protect the 
interests of the United States. 
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SEC. 2844. LAND CONVEYANCE, NORTH HILLS ARMY RE-
SERVE CENTER, ALLISON PARK, PENNSYL-
VANIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Army may convey to the North Allegheny School Dis-
trict (in this section referred to as the ‘‘School District’’) 
all right, title, and interest of the United States in and 
to a parcel of real property consisting of approximately 
11.15 acres and containing the North Hills Army Reserve 
Center in Allison Park, Pennsylvania, for the purpose of 
permitting the School District to use the property for edu-
cational and recreational purposes and for parking facili-
ties related thereto. 
(b) CONSIDERATION.—The Secretary may waive any 
requirement for consideration in connection with the con-
veyance under subsection (a) if the Secretary determines 
that, were the conveyance of the property to be made 
under subchapter III of chapter 5 of title 40, United 
States Code, for the same purpose specified in subsection 
(a), the conveyance could be made without consideration. 
(c) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the real property conveyed 
under subsection (a) is not being used in accordance with 
the purposes of the conveyance specified in such sub-
section, all right, title, and interest in and to all or any 
portion of the property shall revert, at the option of the 
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Secretary, to the United States, and the United States 
shall have the right of immediate entry onto the property. 
Any determination of the Secretary under this subsection 
shall be made on the record after an opportunity for a 
hearing. 
(d) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary shall 
require the School District to cover costs to be in-
curred by the Secretary, or to reimburse the Sec-
retary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including 
survey costs, costs related to environmental docu-
mentation, and other administrative costs related to 
the conveyance. If amounts are collected from the 
School District 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 conveyance, the Secretary shall refund the 
excess amount to the School District. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account 
that was used to cover the costs incurred by the Sec-
retary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund 
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HR 5122 PCS 
or account, and shall be available for the same pur-
poses, and subject to the same conditions and limita-
tions, as amounts in such fund or account. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the inter-
ests of the United States. 
SEC. 2845. MODIFICATIONS TO LAND CONVEYANCE AU-
THORITY, ENGINEERING PROVING GROUND, 
FORT BELVOIR, VIRGINIA. 
(a) CONSTRUCTION OF SECURITY BARRIER.—Section 
2836 of the Military Construction Authorization Act for 
Fiscal Year 2002 (division B of Public Law 107–107; 115 
Stat. 1314), as amended by section 2846 of the Military 
Construction Authorization Act for Fiscal Year 2006 (di-
vision B of Public Law 109–163; 119 Stat. 3527), is fur-
ther amended— 
(1) 
in 
subsection 
(b)(4), 
by 
striking 
‘‘$3,880,000’’ and inserting ‘‘$4,880,000’’; and 
(2) in subsection (d)— 
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(A) in paragraph (1), by inserting after 
‘‘Virginia,’’ the following: ‘‘and the construction 
of a security barrier, as applicable,’’; and 
(B) in paragraph (2), by inserting after 
‘‘Building 191’’ the following: ‘‘and the con-
struction of a security barrier, as applicable’’. 
(b) AUTHORITY
TO ENTER INTO ALTERNATIVE 
AGREEMENT FOR DESIGN AND CONSTRUCTION OF FAIR-
FAX COUNTY PARKWAY PORTION.—Such section 2836 is 
further amended— 
(1) in subsection (b)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) except as provided in subsection (f), design 
and construct, at its expense and for public benefit, 
the portion of the Fairfax County Parkway through 
the Engineer Proving Ground (in this section re-
ferred to as the ‘Parkway portion’);’’; and 
(B) in paragraph (2), by inserting after 
‘‘C514’’ the following: ‘‘, RW–214 (in this sec-
tion referred to as ‘Parkway project’)’’; 
(2) by redesignating subsection (f) as sub-
section (g); 
(3) by inserting after subsection (e) the fol-
lowing new subsection: 
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‘‘(f) ALTERNATE AGREEMENT FOR CONSTRUCTION 
OF ROAD.—(1) The Secretary of the Army may, in con-
nection with the conveyance authorized under subsection 
(a), enter into an agreement with the Commonwealth pro-
viding for the design and construction by the Department 
of the Army or the United States Department of Trans-
portation of the Parkway portion and other portions of 
the Fairfax County Parkway off the Engineer Proving 
Ground that are necessary to complete the Parkway 
project (in this subsection referred to as the ‘alternate 
agreement’) if the Secretary determines that the alternate 
agreement is in the best interests of the United States 
to support the permanent relocation of additional military 
and civilian personnel at Fort Belvoir pursuant to deci-
sions made as part of the 2005 round of defense base clo-
sure and realignment under the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public 
Law 101–510; 10 U.S.C. 2687 note). 
‘‘(2) If the Secretary of Defense certifies that the 
Parkway portion is important to the national defense pur-
suant to section 210 of title 23, United States Code, the 
Secretary of the Army may enter into an agreement with 
the Secretary of Transportation to carry out the alternate 
agreement under the Defense Access Road Program. 
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‘‘(3) The Commonwealth shall pay to the Secretary 
of the Army the costs of the design and construction of 
the Parkway portion and any other portions of the Fairfax 
County Parkway off the Engineer Proving Ground de-
signed and constructed under the alternate agreement. 
The Secretary shall apply such payment to the design and 
construction provided for in the alternate agreement. 
‘‘(4) Using the authorities available to the Secretary 
under chapter 160 of title 10, United States Code, and 
funds deposited in the Environmental Restoration Ac-
count, Army, established by section 2703(a) of such title 
and appropriated for this purpose, the Secretary may 
carry out environmental restoration activities on real prop-
erty under the jurisdiction of the Secretary in support of 
the construction of the Parkway portion. 
‘‘(5) The alternate agreement shall be subject to the 
following conditions: 
‘‘(A) The Commonwealth shall acquire and re-
tain all necessary right, title, and interest in any 
real property not under the jurisdiction of the Sec-
retary that is necessary for construction of the Park-
way portion or for construction of any other portions 
of the Fairfax County Parkway off the Engineer 
Proving Ground that will be constructed under the 
alternate agreement, and shall grant to the United 
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States all necessary access to and use of such prop-
erty for such construction. 
‘‘(B) The Secretary shall receive consideration 
from the Commonwealth as required in subsections 
(b)(2), (b)(3), and (b)(4) and shall carry out the ac-
ceptance and disposition of funds in accordance with 
subsection (d). 
‘‘(6) The design of the Parkway portion under the 
alternate agreement shall be subject to the approval of the 
Secretary and the Commonwealth in accordance with the 
Virginia Department of Transportation Approved Plan, 
dated June 15, 2004, Project #R000–029–249, PE–108, 
C–514, RW–214. For each phase of the design and con-
struction of the Parkway portion under the alternate 
agreement, the Secretary may— 
‘‘(A) accept funds from the Commonwealth; or 
‘‘(B) transfer funds received from the Common-
wealth to the United States Department of Trans-
portation. 
‘‘(7) Upon completion of the construction of the 
Parkway portion and any other portions of the Fairfax 
County Parkway off the Engineer Proving Ground re-
quired under the alternate agreement, the Secretary shall 
carry out the conveyance under subsection (a). As a condi-
tion of such conveyance carried out under the alternate 
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agreement, the Secretary shall receive a written commit-
ment, in a form satisfactory to the Secretary, that the 
Commonwealth agrees to accept all responsibility for the 
costs of operation and maintenance of the Parkway por-
tion upon conveyance to the Commonwealth of such real 
property.’’; and 
(4) in subsection (g), as redesignated by para-
graph (2), by inserting ‘‘or the alternate agreement 
authorized under subsection (f)’’ after ‘‘conveyance 
under subsection (a)’’. 
SEC. 2846. SENSE OF CONGRESS REGARDING LAND CON-
VEYANCE INVOLVING ARMY RESERVE CEN-
TER, MARSHALL, TEXAS. 
It is the sense of Congress that the Secretary of the 
Army should consider the feasibility of conveying the 
Army Reserve Center at 1209 Pinecrest Drive East in 
Marshall, Texas, to the Marshall-Harrison County Vet-
erans Association for the purpose of assisting the efforts 
of the Association in erecting a veterans memorial, cre-
ating a park, and establishing a museum recognizing and 
honoring the sacrifices and accomplishments of veterans 
of the Armed Forces. 
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Subtitle E—Other Matters 
SEC. 2851. AVAILABILITY OF COMMUNITY PLANNING AS-
SISTANCE RELATING TO ENCROACHMENT OF 
CIVILIAN COMMUNITIES ON MILITARY FA-
CILITIES 
USED 
FOR 
TRAINING 
BY 
THE 
ARMED FORCES. 
Section 2391(d)(1) of title 10, United States Code, 
is amended by adding at the end the following new sen-
tence: ‘‘For purposes of subsection (b)(1)(D), the term 
‘military installation’ includes a military facility owned 
and operated by any of the several States, the District 
of Columbia, the Commonwealth of Puerto Rico, Guam, 
or the Virgin Islands, even though the facility is not under 
the jurisdiction of the Department of Defense, if the Sec-
retary of Defense determines that the military facility is 
subject to significant use for training by the armed 
forces.’’. 
SEC. 2852. PROHIBITIONS AGAINST MAKING CERTAIN MILI-
TARY AIRFIELDS OR FACILITIES AVAILABLE 
FOR USE BY CIVIL AIRCRAFT. 
(a) PROHIBITIONS.—The Secretary of the Navy may 
not enter into any agreement concerning a military instal-
lation specified in subsection (b) that would— 
(1) authorize civil aircraft to regularly use an 
airfield or any other property at the installation; 
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(2) convey any real property at the installation, 
including any airfield at the installation, for the pur-
pose of permitting the use of the property by civil 
aircraft. 
(b) COVERED INSTALLATIONS.—The prohibitions in 
subsection (a) apply with respect to the following military 
installations: 
(1) Marine Corps Air Station, Camp Pendleton, 
California. 
(2) Marine Corps Air Station, Miramar, Cali-
fornia. 
(3) Marine Corps Base, Camp Pendleton, Cali-
fornia. 
(4) Naval Air Station, North Island, California. 
(c) REPEAL OF EXISTING LIMITED PROHIBITION.— 
Section 2894 of the Military Construction Authorization 
Act for Fiscal Year 1996 (division B of Public Law 104– 
106; 110 Stat. 592) is repealed. 
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DIVISION C—DEPARTMENT OF 
ENERGY NATIONAL SECURITY 
AUTHORIZATIONS 
AND 
OTHER AUTHORIZATIONS 
TITLE 
XXXI—DEPARTMENT 
OF 
ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Plan for transformation of National Nuclear Security Administra-
tion nuclear weapons complex. 
Sec. 3112. Extension of Facilities and Infrastructure Recapitalization Program. 
Sec. 3113. Utilization of contributions to Global Threat Reduction Initiative. 
Sec. 3114. Utilization of contributions to Second Line of Defense program. 
Sec. 3115. Two-year extension of authority for appointment of certain sci-
entific, engineering, and technical personnel. 
Sec. 3116. National Academy of Sciences study of quantification of margins 
and uncertainty methodology for assessing and certifying the 
safety and reliability of the nuclear stockpile. 
Sec. 3117. Consolidation of counterintelligence programs of Department of En-
ergy and National Nuclear Security Administration. 
Subtitle A—National Security 
Programs Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2007 for the activities of 
the National Nuclear Security Administration in carrying 
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out programs necessary for national security in the 
amount of $9,265,811,000 to be allocated as follows: 
(1) For weapons activities, $6,467,889,000. 
(2) For defense nuclear nonproliferation activi-
ties, $1,616,213,000. 
(3) For naval reactors, $795,133,000. 
(4) For the Office of the Administrator for Nu-
clear Security, $386,576,000. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.— 
From funds referred to in subsection (a) that are available 
for carrying out plant projects, the Secretary of Energy 
may carry out the following new plant projects: 
(1) For weapons activities: 
Project 07–D–140, project engineering and 
design, various locations, $4,977,000. 
Project 07–D–220, Radioactive Liquid 
Waste Treatment Facility upgrade, Los Alamos 
National Laboratory, $14,828,000. 
Project 07–D–253, TA–1 Heating Systems 
Modernization, Facilities and Infrastructure 
Recapitalization Program, $14,500,000. 
(2) For defense nuclear nonproliferation activi-
ties: 
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Project 07–SC–05, Physical Sciences Fa-
cility, Pacific Northwest National Laboratory, 
$4,220,000. 
(3) For naval reactors: 
Project 07–D–190, project engineering and 
design, Materials Research Technology Com-
plex, $1,485,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2007 for defense 
environmental cleanup activities in carrying out programs 
necessary for national security in the amount of 
$5,440,312,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2007 for other 
defense activities in carrying out programs necessary for 
national security in the amount of $717,788,000. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2007 for defense 
nuclear waste disposal for payment to the Nuclear Waste 
Fund established in section 302(c) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount 
of $388,080,000. 
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Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions 
SEC. 3111. PLAN FOR TRANSFORMATION OF NATIONAL NU-
CLEAR 
SECURITY 
ADMINISTRATION 
NU-
CLEAR WEAPONS COMPLEX. 
(a) PLAN REQUIRED.—Subtitle A of title XLII of the 
Atomic Energy Defense Act (division D of Public Law 
107–314) is amended by inserting after section 4213 (50 
U.S.C. 2533) the following new section: 
‘‘SEC. 4214. PLAN FOR TRANSFORMATION OF NATIONAL NU-
CLEAR 
SECURITY 
ADMINISTRATION 
NU-
CLEAR WEAPONS COMPLEX. 
‘‘(a) PLAN REQUIRED.—The Secretary of Energy 
and the Secretary of Defense shall develop a plan to trans-
form the nuclear weapons complex so as to achieve a re-
sponsive infrastructure by 2030. The plan shall be de-
signed to accomplish the following objectives: 
‘‘(1) To maintain the safety, reliability, and se-
curity of the United States nuclear weapons stock-
pile. 
‘‘(2) To continue Stockpile Life Extension Pro-
grams that the Nuclear Weapons Council considers 
necessary. 
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‘‘(3) To prepare to produce replacement war-
heads under the Reliable Replacement Warhead pro-
gram at a rate necessary to meet future stockpile re-
quirements, commencing with a first production unit 
in 2012 and achieving steady-state production using 
modern manufacturing processes by 2025. 
‘‘(4) To eliminate, within the nuclear weapons 
complex, duplication of production capability except 
to the extent required to ensure the safety, reli-
ability, and security of the stockpile. 
‘‘(5) To maintain the current philosophy within 
the national security laboratories of peer review of 
nuclear weapons designs while eliminating duplica-
tion of laboratory capabilities except to the extent 
required to ensure the safety, reliability, and secu-
rity of the stockpile. 
‘‘(6) To maintain the national security mission, 
and in particular the science-based Stockpile Stew-
ardship Program, as the primary mission of the na-
tional security laboratories while optimizing the 
work-for-others activities of those laboratories to 
support other national security objectives in fields 
such as intelligence and homeland security. 
‘‘(7) To consolidate to the maximum extent 
practicable, and to provide for the ultimate disposi-
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tion of, special nuclear material throughout the nu-
clear weapons complex, with the ultimate goal of 
eliminating Category I and II special nuclear mate-
rial from the national security laboratories no later 
than March 1, 2010, so as to further reduce the 
footprint of the nuclear weapons complex, reduce se-
curity costs, and reduce transportation costs for spe-
cial nuclear material. 
‘‘(8) To employ a risk-based approach to ensure 
compliance with Design Basis Threat security re-
quirements. 
‘‘(9) To expeditiously dismantle inactive nuclear 
weapons to reduce the size of the stockpile to the 
lowest level required by the Nuclear Weapons Coun-
cil. 
‘‘(10) To operate the nuclear weapons complex 
in a more cost-effective manner. 
‘‘(b) REPORT.—Not later than February 1, 2007, the 
Secretary of Energy and Secretary of Defense shall submit 
to the congressional defense committees a report on the 
transformation plan required by subsection (a). The report 
shall address each of the objectives required by subsection 
(c) and also include each of the following: 
‘‘(1) A comprehensive list of the capabilities, fa-
cilities, and project staffing that the National Nu-
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clear Security Administration will need to have in 
place at the nuclear weapons complex as of 2030 to 
meet the requirements of the transformation plan. 
‘‘(2) a comprehensive list of the capabilities and 
facilities that the National Nuclear Security Admin-
istration currently has in place at the nuclear weap-
ons complex that will not be needed as of 2030 to 
meet the requirements of the transformation plan. 
‘‘(3) A plan for implementing the trans-
formation plan, including a schedule with incre-
mental milestones. 
‘‘(c) CONSULTATION.—The Secretary of Energy and 
the Secretary of Defense shall develop the transformation 
plan required by subsection (a) in consultation with the 
Nuclear Weapons Council. 
‘‘(d) DEFINITION.—In this section, the term ‘national 
security laboratory’ has the meaning given such term in 
section 3281 of the National Nuclear Security Administra-
tion Act (50 U.S.C. 2471).’’. 
(b) INCLUSION IN FUTURE-YEARS NUCLEAR SECU-
RITY PROGRAM.—Section 3253 of the National Nuclear 
Security Administration Act (50 U.S.C. 2453) is amended 
in subsection (b) by adding at the end the following new 
paragraph: 
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‘‘(5) A statement of proposed budget authority, 
estimated expenditures, and proposed appropriations 
necessary to support the programs required to im-
plement the plan to transform the nuclear weapons 
complex under section 4214 of the Atomic Energy 
Defense Act, together with a detailed description of 
how the funds identified for each program element 
specified pursuant to paragraph (1) in the budget 
for the Administration for each fiscal year during 
that five-fiscal-year period will help ensure that 
those programs are implemented. The statement 
shall assume year-to-year funding profiles that ac-
count for increases only for projected inflation.’’. 
SEC. 3112. EXTENSION OF FACILITIES AND INFRASTRUC-
TURE RECAPITALIZATION PROGRAM. 
Section 3114 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 50 U.S.C. 
2453 note), as amended by section 3113 of the Ronald 
W. Reagan National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 108–375; 118 Stat. 2160), is 
amended— 
(1) in subsection (a)(3)(F), by striking ‘‘2011’’ 
and inserting ‘‘2013’’; and 
(2) in subsection (b), by striking ‘‘2011’’ and 
inserting ‘‘2013’’. 
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SEC. 3113. UTILIZATION OF CONTRIBUTIONS TO GLOBAL 
THREAT REDUCTION INITIATIVE. 
Section 3132 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 2166; 50 U.S.C. 2569) is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by adding after subsection (e) the following 
new subsection: 
‘‘(f) PARTICIPATION BY OTHER GOVERNMENTS AND 
ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—The Secretary of Energy 
may, with the concurrence of the Secretary of State, 
enter into one or more agreements with any person 
(including a foreign government, international orga-
nization, or multinational entity) that the Secretary 
of Energy considers appropriate under which the 
person contributes funds for purposes of the pro-
gram under this section. 
‘‘(2) RETENTION AND USE OF AMOUNTS.—The 
Secretary of Energy may retain and use amounts 
contributed under an agreement under paragraph 
(1) for purposes of the program under this section. 
Amounts so contributed shall be retained in a sepa-
rate fund established in the Treasury for such pur-
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poses and shall be available until expended, without 
further appropriation, for such purposes.’’. 
SEC. 3114. UTILIZATION OF CONTRIBUTIONS TO SECOND 
LINE OF DEFENSE PROGRAM. 
(a) IN GENERAL.—The Secretary of Energy may, 
with the concurrence of the Secretary of State, enter into 
one or more agreements with any person (including a for-
eign government, international organization, or multi-
national entity) that the Secretary of Energy considers ap-
propriate under which the person contributes funds for 
purposes of the Second Line of Defense program of the 
National Nuclear Security Administration. 
(b) RETENTION AND USE OF AMOUNTS.—The Sec-
retary of Energy may retain and use amounts contributed 
under an agreement under subsection (a) for purposes of 
the Second Line of Defense program. Amounts so contrib-
uted shall be retained in a separate fund established in 
the Treasury for such purposes and shall be available until 
expended, without further appropriation, for such pur-
poses. 
(c) TERMINATION OF AUTHORITY.—The authority to 
accept contributions under subsection (a) terminates De-
cember 31, 2013. 
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SEC. 3115. TWO-YEAR EXTENSION OF AUTHORITY FOR AP-
POINTMENT OF CERTAIN SCIENTIFIC, ENGI-
NEERING, AND TECHNICAL PERSONNEL. 
Section 4601(c)(1) of the Atomic Energy Defense Act 
(50 U.S.C. 2701(c)(1)) is amended by striking ‘‘Sep-
tember 30, 2006’’ and inserting ‘‘September 30, 2008’’. 
SEC. 3116. NATIONAL ACADEMY OF SCIENCES STUDY OF 
QUANTIFICATION OF MARGINS AND UNCER-
TAINTY METHODOLOGY FOR ASSESSING AND 
CERTIFYING THE SAFETY AND RELIABILITY 
OF THE NUCLEAR STOCKPILE. 
(a) STUDY REQUIRED.—The Secretary of Energy 
shall, as soon as practicable and no later than 120 days 
after the date of the enactment of this Act, enter into an 
arrangement with the National Research Council of the 
National Academy of Sciences for the Council to carry out 
a study of the quantification of margins and uncertainty 
methodology used by the national security laboratories for 
assessing and certifying the safety and reliability of the 
nuclear stockpile. 
(b) MATTERS INCLUDED.—The study required by 
subsection (a) shall evaluate the following: 
(1) The use of the quantification of margins 
and uncertainty methodology by the national secu-
rity laboratories, including underlying assumptions 
of weapons performance and the ability of modeling 
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