[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3944 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 128
119th CONGRESS
  1st Session
                                H. R. 3944

                          [Report No. 119-161]

  Making appropriations for military construction, the Department of 
   Veterans Affairs, and related agencies for the fiscal year ending 
              September 30, 2026, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2025

Mr. Carter of Texas, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for military construction, the Department of 
   Veterans Affairs, and related agencies for the fiscal year ending 
              September 30, 2026, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2026, and for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $2,103,657,000, to remain 
available until September 30, 2030:  Provided, That, of this amount, 
not to exceed $321,838,000 shall be available for study, planning, 
design, architect and engineer services, and host nation support, as 
authorized by law, unless the Secretary of the Army determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor:  Provided further, That of the 
amount made available under this heading, $77,300,000 shall be for the 
projects and activities, and in the amounts, specified in the table 
under the heading ``Military Construction, Army'' in the report 
accompanying this Act, in addition to amounts otherwise available for 
such purposes.

              Military Construction, Navy and Marine Corps

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy and Marine Corps as currently authorized 
by law, including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this 
appropriation, $4,104,499,000, to remain available until September 30, 
2030:  Provided, That, of this amount, not to exceed $526,821,000 shall 
be available for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Secretary of the Navy 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor:  Provided 
further, That of the amount made available under this heading, 
$155,100,000 shall be for the projects and activities, and in the 
amounts, specified in the table under the heading ``Military 
Construction, Navy and Marine Corps'' in the report accompanying this 
Act, in addition to amounts otherwise available for such purposes.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $3,169,526,000, to remain available until September 30, 2030:  
Provided, That, of this amount, not to exceed $460,886,000 shall be 
available for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Secretary of the Air Force 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor:  Provided 
further, That of the amount made available under this heading, 
$32,400,000 shall be for the projects and activities, and in the 
amounts, specified in the table under the heading ``Military 
Construction, Air Force'' in the report accompanying this Act, in 
addition to amounts otherwise available for such purposes.

                  Military Construction, Defense-Wide

                     (including transfer of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$3,963,383,000, to remain available until September 30, 2030:  
Provided, That such amounts of this appropriation as may be determined 
by the Secretary of Defense may be transferred to such appropriations 
of the Department of Defense available for military construction or 
family housing as the Secretary may designate, to be merged with and to 
be available for the same purposes, and for the same time period, as 
the appropriation or fund to which transferred:  Provided further, 
That, of the amount, not to exceed $822,998,000 shall be available for 
study, planning, design, and architect and engineer services, as 
authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor:  Provided further, That of the 
amount made available under this heading, $82,000,000 shall be for the 
projects and activities, and in the amounts, specified in the table 
under the heading ``Military Construction, Defense-Wide'' in the report 
accompanying this Act, in addition to amounts otherwise available for 
such purposes.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $358,489,000, to remain available until September 
30, 2030:  Provided, That, of the amount, not to exceed $47,439,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Director of the 
Army National Guard determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $210,492,000, to remain available until September 
30, 2030:  Provided, That, of the amount, not to exceed $36,092,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Director of the Air 
National Guard determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropriations of both 
Houses of Congress of the determination and the reasons therefor.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $305,032,000, to 
remain available until September 30, 2030:  Provided, That, of the 
amount, not to exceed $31,508,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Chief of the Army Reserve determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor:  Provided further, That of the amount made 
available under this heading, $50,000,000 shall be for the projects and 
activities, and in the amounts, specified in the table under the 
heading ``Military Construction, Army Reserve'' in the report 
accompanying this Act, in addition to amounts otherwise available for 
such purposes.

                  Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $79,829,000, to remain available until September 
30, 2030:  Provided, That, of the amount, not to exceed $3,219,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Secretary of the 
Navy determines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations of both Houses 
of Congress of the determination and the reasons therefor:  Provided 
further, That, of the amount made available under this heading, 
$50,000,000 shall be for the projects and activities, and in the 
amounts, specified in the table under the heading ``Military 
Construction, Navy Reserve'' in the report accompanying this Act, in 
addition to amounts otherwise available for such purposes.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $37,863,000, to 
remain available until September 30, 2030:  Provided, That, of the 
amount, not to exceed $20,162,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Chief of the Air Force Reserve determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor:  Provided further, That of the 
amount made available under this heading, $3,200,000 shall be for the 
projects and activities, and in the amounts, specified in the table 
under the heading ``Military Construction, Air Force Reserve'' in the 
report accompanying this Act, in addition to amounts otherwise made 
available for such purposes.

                   North Atlantic Treaty Organization

                      Security Investment Program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $293,434,000, to remain available until expended.

               Department of Defense Base Closure Account

    For deposit into the Department of Defense Base Closure Account, 
established by section 2906(a) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $489,174,000, to remain 
available until expended.

                   Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $276,647,000, to remain available 
until September 30, 2030.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $495,369,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $245,742,000, to 
remain available until September 30, 2030.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $397,217,000.

                 Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $221,549,000, to remain available 
until September 30, 2030.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $346,250,000.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $52,156,000.

                         Department of Defense

                    Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$8,195,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing and supporting facilities.

                         Department of Defense

            Military Unaccompanied Housing Improvement Fund

    For the Department of Defense Military Unaccompanied Housing 
Improvement Fund, $497,000, to remain available until expended, for 
unaccompanied housing initiatives undertaken pursuant to section 2883 
of title 10, United States Code, providing alternative means of 
acquiring and improving military unaccompanied housing and supporting 
facilities.

                       Administrative Provisions

    Sec. 101.  None of the funds made available in this title shall be 
expended for payments under a cost-plus-a-fixed-fee contract for 
construction, where cost estimates exceed $25,000, to be performed 
within the United States, except Alaska, without the specific approval 
in writing of the Secretary of Defense setting forth the reasons 
therefor.
    Sec. 102.  Funds made available in this title for construction 
shall be available for hire of passenger motor vehicles.
    Sec. 103.  Funds made available in this title for construction may 
be used for advances to the Federal Highway Administration, Department 
of Transportation, for the construction of access roads as authorized 
by section 210 of title 23, United States Code, when projects 
authorized therein are certified as important to the national defense 
by the Secretary of Defense.
    Sec. 104.  None of the funds made available in this title may be 
used to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105.  None of the funds made available in this title shall be 
used for purchase of land or land easements in excess of 100 percent of 
the value as determined by the Army Corps of Engineers or the Naval 
Facilities Engineering Command, except: (1) where there is a 
determination of value by a Federal court; (2) purchases negotiated by 
the Attorney General or the designee of the Attorney General; (3) where 
the estimated value is less than $25,000; or (4) as otherwise 
determined by the Secretary of Defense to be in the public interest.
    Sec. 106.  None of the funds made available in this title shall be 
used to: (1) acquire land; (2) provide for site preparation; or (3) 
install utilities for any family housing, except housing for which 
funds have been made available in annual Acts making appropriations for 
military construction.
    Sec. 107.  None of the funds made available in this title for minor 
construction may be used to transfer or relocate any activity from one 
base or installation to another, without prior notification to the 
Committees on Appropriations of both Houses of Congress.
    Sec. 108.  None of the funds made available in this title may be 
used for the procurement of steel for any construction project or 
activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for such 
steel procurement.
    Sec. 109.  None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110.  None of the funds made available in this title may be 
used to initiate a new installation overseas without prior notification 
to the Committees on Appropriations of both Houses of Congress.
    Sec. 111.  None of the funds made available in this title may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000 for projects to be accomplished in Japan, 
in any North Atlantic Treaty Organization member country, or in 
countries bordering the Arabian Gulf, unless such contracts are awarded 
to United States firms or United States firms in joint venture with 
host nation firms.
    Sec. 112.  None of the funds made available in this title for 
military construction in the United States territories and possessions 
in the Pacific and on Kwajalein Atoll, or in countries bordering the 
Arabian Gulf, may be used to award any contract estimated by the 
Government to exceed $1,000,000 to a foreign contractor:  Provided, 
That this section shall not be applicable to contract awards for which 
the lowest responsive and responsible bid of a United States contractor 
exceeds the lowest responsive and responsible bid of a foreign 
contractor by greater than 20 percent:  Provided further, That this 
section shall not apply to contract awards for military construction on 
Kwajalein Atoll for which the lowest responsive and responsible bid is 
submitted by a Marshallese contractor.
    Sec. 113.  The Secretary of Defense