467 
(division B of Public Law 109–163; 119 Stat. 3497), 
as amended by section 2406 of this Act, $87,118,000. 
(11) For the construction of increment 2 of the 
regional security operations center at Kunia, Hawaii, 
authorized by section 2401(a) of the Military Con-
struction Authorization Act of Fiscal Year 2006 (divi-
sion B of Public Law 109–163; 119 Stat. 3497), 
$47,016,000. 
(12) For the construction of increment 2 of the 
classified material conversion facility at Fort Meade, 
Maryland, authorized by section 2401(a) of the Mili-
tary Construction Authorization Act of Fiscal Year 
2006 (division B of Public Law 109–163; 119 Stat. 
3497), $11,151,000. 
(13) For the construction of increment 2 of an 
operations building, Royal Air Force Menwith Hill 
Station, United Kingdom, authorized by section 
2401(b) of the Military Construction Authorization 
Act of Fiscal Year 2006 (division B of Public Law 
109–163; 119 Stat. 3498), as amended by section 
2406 of this Act, $46,386,000. 
(14) For the construction of the second increment 
of certain base closure and realignment activities au-
thorized by section 2404 of the Military Construction 
Authorization Act of Fiscal Year 2006 (division B of 
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Public Law 109–163; 119 Stat. 3500), as added by 
section 2404(b) of this Act, $390,000,000. 
(15) For the construction of increment 7 of a 
munitions demilitarization facility at Blue Grass 
Army Depot, Kentucky, authorized by section 2401(a) 
of the Military Construction Authorization Act for 
Fiscal Year 2000 (division B of Public Law 106–65; 
113 Stat. 835), as amended by section 2405 of the 
Military Construction Authorization Act of 2002 (di-
vision B of Public Law 107–107; 115 Stat. 1298), 
and section 2405 of the Military Construction Author-
ization Act for Fiscal Year 2003 (division B of Public 
Law 107–314; 116 Stat. 2698), $89,157,000. 
(16) For the construction of increment 8 of a 
munitions demilitarization facility at Pueblo Chem-
ical Activity, Colorado, authorized by section 2401(a) 
of the Military Construction Authorization Act for 
Fiscal Year 1997 (division B of Public Law 104–201; 
110 Stat. 2775), as amended by section 2406 of the 
Military Construction Authorization Act for Fiscal 
Year 2000 (division B of Public Law 106–65; 113 
Stat. 839), and section 2407 of the Military Construc-
tion Authorization Act for Fiscal Year 2003 (division 
B of Public Law 107–314; 116 Stat. 2698), 
$41,836,000. 
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469 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2401 of this Act 
may not exceed the sum of the following: 
(1) The total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection 
(a). 
(2) $46,400,000 (the balance of the amount au-
thorized under section 2401(a) for construction of a 
health clinic at MacDill Air Force Base, Florida). 
(3) $521,000,000 (the balance of the amount au-
thorized under section 2401(a) for stage 1 of the re-
placement of the Army Medical Research Institute of 
Infectious Diseases at Fort Detrick, Maryland). 
(c) LIMITATION ON TOTAL COST OF BASE CLOSURE 
AND REALIGNMENT ACTIVITIES.—Notwithstanding the cost 
variations authorized by section 2853 of title 10, United 
States Code, and any other cost variation authorized by 
law, the total cost of all base closure and realignment activi-
ties, including real property acquisition and military con-
struction projects, carried out under section 2404(a) of this 
Act may not exceed the sum of the following: 
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470 
(1) The total amount authorized to be appro-
priated under subsection (a)(8). 
(2) $666,500,000 (the balance of the amount au-
thorized under section 2404(a) for base closure and 
realignment activities). 
(d) NOTICE AND WAIT REQUIREMENT APPLICABLE TO 
OBLIGATION OF FUNDS FOR BASE CLOSURE AND REALIGN-
MENT ACTIVITIES.—Funds appropriated pursuant to the 
authorization of appropriations in subsection (a)(8) may 
not be obligated until— 
(1) a period of 21 days has expired following the 
date on which the Secretary of Defense submits to the 
congressional defense committees a report describing 
the specific programs, projects, and activities for 
which the funds are to be obligated; or 
(2) if over sooner, a period of 14 days has ex-
pired following the date on which a copy of the report 
is provided in an electronic medium pursuant to sec-
tion 480 of title 10, United States Code. 
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2006 PROJECTS. 
(a) MODIFICATION OF INSIDE THE UNITED STATES 
NATIONAL SECURITY AGENCY PROJECTS.—The table relat-
ing to the National Security Agency in subsection (a) of 
section 2401 of the Military Construction Authorization Act 
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471 
for Fiscal Year 2006 (division B of Public Law 109–163; 
119 Stat. 3497) is amended— 
(1) in the item relating to Augusta, Georgia, by 
striking ‘‘$61,466,000’’ in the amount column and in-
serting ‘‘$340,836,000’’; and 
(2) in the item relating to Kunia, Hawaii, by 
striking ‘‘$305,000,000’’ in the amount column and 
inserting ‘‘$350,490,000’’. 
(b) MODIFICATION OF OUTSIDE THE UNITED STATES 
NATIONAL SECURITY AGENCY PROJECT.—The table relat-
ing to the National Security Agency in subsection (b) of 
such section (119 Stat. 3498) is amended in the item relat-
ing to Menwith Hill, United Kingdom, by striking 
‘‘$86,354,000’’ in the amount column and inserting 
‘‘$87,752,000’’. 
(c) CONFORMING AMENDMENTS.—Section 2403(b) of 
that Act (119 Stat. 3500) is amended— 
(1) in paragraph (2), by striking ‘‘$12,500,000’’ 
and inserting ‘‘$291,870,000’’; 
(2) 
in 
paragraph 
(3), 
by 
striking 
‘‘$256,034,000’’ and inserting ‘‘$301,524,000’’; and 
(3) in paragraph (5), by striking ‘‘$44,657,000’’ 
and inserting ‘‘$46,055,000’’. 
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472 
TITLE 
V—NORTH 
ATLANTIC 
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
The Secretary of Defense may make contributions for 
the North Atlantic Treaty Organization Security Invest-
ment program as provided in section 2806 of title 10, 
United States Code, in an amount not to exceed the sum 
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the 
North Atlantic Treaty Organization as a result of construc-
tion previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2006, for contribu-
tions by the Secretary of Defense under section 2806 of title 
10, United States Code, for the share of the United States 
of the cost of projects for the North Atlantic Treaty Organi-
zation Security Investment program authorized by section 
2501, in the amount of $200,985,000. 
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473 
TITLE VI—GUARD AND RESERVE 
FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition 
projects. 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2006, for the costs 
of acquisition, architectural and engineering services, and 
construction of facilities for the Guard and Reserve Forces, 
and for contributions therefor, under chapter 1803 of title 
10, United States Code (including the cost of acquisition 
of land for those facilities), in the following amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the 
United States, $518,403,000; and 
(B) for the Army Reserve, $169,487,000. 
(2) For the Department of the Navy, for the 
Navy 
Reserve 
and 
Marine 
Corps 
Reserve, 
$55,158,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the 
United States, $212,788,000; and 
(B) for the Air Force Reserve, $56,836,000. 
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474 
TITLE VII—EXPIRATION AND EX-
TENSION 
OF 
AUTHORIZA-
TIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2702. Effective date. 
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 expire 
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 au-
thorizations for military construction projects, land acqui-
sition, family housing projects and facilities, and contribu-
tions to the North Atlantic Treaty Organization Security 
Investment program (and authorizations of appropriations 
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475 
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 construc-
tion projects, land acquisition, family housing 
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 re-
quirements to construction, acquisition, and improvement to 
military unaccompanied housing. 
Sec. 2803. Authority to use proceeds from sale of military family housing to sup-
port 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. 
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476 
Sec. 2808. Consideration of alternative and more efficient uses for general officer 
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 granting 
of easements for rights-of-way. 
Sec. 2822. Authority to grant restrictive easements in connection with land con-
veyances. 
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. 
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 County, 
Virginia. 
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. 
Sec. 2853. Naming housing facility at Fort Carson, Colorado, in honor of Joel 
Hefley, a member of the House of Representatives. 
Sec. 2854. Naming Navy and Marine Corps Reserve Center at Rock Island, Illi-
nois, in honor of Lane Evans, a member of the House of Rep-
resentatives. 
Sec. 2855. Naming of research laboratory at Air Force Rome Research Site, 
Rome, New York, in honor of Sherwood L. Boehlert, a member 
of the House of Representatives. 
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477 
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’’. 
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)— 
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478 
(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 
(ii) by striking ‘‘military family hous-
ing’’ the second place it appears and insert-
ing ‘‘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 subsection: 
‘‘(c) WAIVER AUTHORITY.—The Secretary concerned 
may waive the requirements of subsection (a) in the case 
of the construction, acquisition, or improvement of military 
unaccompanied housing on a case-by-case basis. The Sec-
retary shall include the reasons for the waiver in the request 
submitted to Congress for authority to carry out the con-
struction, acquisition, or improvement project.’’. 
(c) CLERICAL AMENDMENTS.— 
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479 
(1) SECTION HEADING.—The heading of such sec-
tion 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 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). 
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480 
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’’; 
(2) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(3) by inserting after subsection (d) the following 
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 De-
partment 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 
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481 
and justification is provided in an electronic medium pur-
suant to section 480 of this title.’’. 
(b) STYLISTIC AMENDMENTS.—Such section is further 
amended— 
(1) in subsection (a), by inserting ‘‘ESTABLISH-
MENT.—’’ after ‘‘(a)’’; 
(2) in subsection (b), by inserting ‘‘CREDITS TO 
ACCOUNT.—’’ after ‘‘(b)’’; 
(3) in subsection (c), by inserting ‘‘AVAILABILITY 
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 pursuant 
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. 
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482 
(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. 
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 amend-
ed by adding at the end the following new subsection: 
‘‘(g) CONGRESSIONAL NOTIFICATION
OF CANCELLA-
TION CEILING FOR ENERGY SAVINGS PERFORMANCE CON-
TRACTS.—When a decision is made to award an energy sav-
ings performance contract that contains a clause setting 
forth a cancellation ceiling in excess of $7,000,000, the Sec-
retary of Defense shall submit to the appropriate commit-
tees of Congress written notification of the proposed con-
tract and of the proposed cancellation ceiling for the con-
tract. The notification shall include the justification 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 notification is provided 
in an electronic medium pursuant to section 480 of this 
title.’’. 
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483 
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 con-
cerned’’; 
(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 para-
graph: 
‘‘(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 paragraph 
(1) of subsection (a) of such section, as redesignated and 
amended by subsection (a), is further amended by striking 
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484 
‘‘land acquisition’’ and inserting ‘‘land acquisition, includ-
ing a land acquisition under an agreement entered into 
under section 2684a of this title to limit encroachments and 
other constraints on military training, testing, and oper-
ations’’. 
(c) ADVANCE NOTICE OF USE OF AUTHORITY; CON-
TENT OF NOTICE.—Subsection (d) of such section is amend-
ed— 
(1) in paragraph (1), by striking ‘‘closed or re-
aligned under the base closure laws is to be conveyed’’ 
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 
‘‘(ii) the amount of any payment to be 
made under subsection (b) or under section 
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