II 
Calendar No. 503 
114TH CONGRESS 
2D SESSION 
H. R. 4974 
IN THE SENATE OF THE UNITED STATES 
MAY 26, 2016 
Received; read twice and placed on the calendar 
AN ACT 
Making appropriations for military construction, the Depart-
ment of Veterans Affairs, and related agencies for the 
fiscal year ending September 30, 2017, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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, 2017, and for other purposes, namely: 
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TITLE I 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equip-
ment 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 nec-
essary for the purposes of this appropriation, and for con-
struction and operation of facilities in support of the func-
tions of the Commander in Chief, $503,459,000, to re-
main available until September 30, 2021: Provided, That, 
of this amount, not to exceed $98,159,000 shall be avail-
able for study, planning, design, architect and engineer 
services, and host nation support, as authorized by law, 
unless the Secretary of the Army determines that addi-
tional obligations are necessary for such purposes and no-
tifies the Committees on Appropriations of both Houses 
of Congress of the determination and the reasons therefor. 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, naval in-
stallations, facilities, and real property for the Navy and 
Marine Corps as currently authorized by law, including 
personnel in the Naval Facilities Engineering Command 
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and other personal services necessary for the purposes of 
this appropriation, $1,021,580,000, to remain available 
until September 30, 2021: Provided, That, of this amount, 
not to exceed $88,230,000 shall be available for study, 
planning, design, and architect and engineer services, as 
authorized by law, unless the Secretary of the Navy deter-
mines 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 FORCE 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military 
installations, facilities, and real property for the Air Force 
as currently authorized by law, $1,398,758,000, to remain 
available until September 30, 2021: Provided, That of this 
amount, not to exceed $143,582,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, 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 Appro-
priations of both Houses of Congress of the determination 
and the reasons therefor: Provided further, That none of 
the funds made available under this heading shall be for 
construction of the Joint Intelligence Analysis Complex 
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Consolidation, Phase 3, at Royal Air Force Croughton, 
United Kingdom, unless authorized in an Act authorizing 
appropriations for fiscal year 2017 for military construc-
tion. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, installa-
tions, facilities, and real property for activities and agen-
cies of the Department of Defense (other than the military 
departments), 
as 
currently 
authorized 
by 
law, 
$2,024,643,000 (reduced by $801,000) (increased by 
$801,000), to remain available until September 30, 2021: 
Provided, That such amounts of this appropriation as may 
be determined by the Secretary of Defense may be trans-
ferred to such appropriations of the Department of De-
fense 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 trans-
ferred: Provided further, That of the amount appropriated, 
not to exceed $201,422,000 shall be available for study, 
planning, design, and architect and engineer services, as 
authorized by law, unless the Secretary of Defense deter-
mines that additional obligations are necessary for such 
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purposes and notifies the Committees on Appropriations 
of both Houses of Congress of the determination and the 
reasons therefor. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army National Guard, and contribu-
tions therefor, as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $232,930,000, to remain available until Sep-
tember 30, 2021: Provided, That, of the amount appro-
priated, not to exceed $8,729,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, 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 de-
termination and the reasons therefor. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air National Guard, and contributions 
therefor, as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization 
Acts, $143,957,000, to remain available until September 
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30, 2021: Provided, That, of the amount appropriated, not 
to exceed $10,462,000 shall be available for study, plan-
ning, design, and architect and engineer services, as au-
thorized by law, unless the Director of the Air National 
Guard determines that additional obligations are nec-
essary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the deter-
mination and the reasons therefor. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army Reserve as authorized by chapter 
1803 of title 10, United States Code, and Military Con-
struction Authorization Acts, $68,230,000, to remain 
available until September 30, 2021: Provided, That, of the 
amount appropriated, not to exceed $7,500,000 shall be 
available for study, planning, design, and architect and en-
gineer services, as authorized by law, unless the Chief of 
the Army Reserve determines that additional obligations 
are necessary for such purposes and notifies the Commit-
tees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor. 
MILITARY CONSTRUCTION, NAVY RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
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ministration of the reserve components of the Navy and 
Marine Corps as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $38,597,000, to remain available until Sep-
tember 30, 2021: Provided, That, of the amount appro-
priated, not to exceed $3,783,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of the 
Navy determines that additional obligations are necessary 
for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of the determination 
and the reasons therefor. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air Force Reserve as authorized by 
chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $188,950,000, to remain 
available until September 30, 2021: Provided, That, of the 
amount appropriated, not to exceed $4,500,000 shall be 
available for study, planning, design, and architect and en-
gineer services, as authorized by law, unless the Chief of 
the Air Force Reserve determines that additional obliga-
tions are necessary for such purposes and notifies the 
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Committees on Appropriations of both Houses of Congress 
of the determination and the reasons therefor. 
NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
For the United States share of the cost of the North 
Atlantic Treaty Organization Security Investment Pro-
gram for the acquisition and construction of military fa-
cilities 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 Mili-
tary Construction Authorization Acts, $177,932,000, to 
remain available until expended. 
FAMILY HOUSING CONSTRUCTION, ARMY 
For expenses of family housing for the Army for con-
struction, including acquisition, replacement, addition, ex-
pansion, extension, and alteration, as authorized by law, 
$200,735,000, to remain available until September 30, 
2021. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
ARMY 
For expenses of family housing for the Army for op-
eration and maintenance, including debt payment, leasing, 
minor construction, principal and interest charges, and in-
surance premiums, as authorized by law, $325,995,000. 
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FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE 
CORPS 
For expenses of family housing for the Navy and Ma-
rine Corps for construction, including acquisition, replace-
ment, addition, expansion, extension, and alteration, as 
authorized by law, $94,011,000, to remain available until 
September 30, 2021. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
NAVY AND MARINE CORPS 
For expenses of family housing for the Navy and Ma-
rine Corps for operation and maintenance, including debt 
payment, leasing, minor construction, principal and inter-
est charges, and insurance premiums, as authorized by 
law, $300,915,000. 
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, 
$61,352,000, to remain available until September 30, 
2021. 
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR 
FORCE 
For expenses of family housing for the Air Force for 
operation and maintenance, including debt payment, leas-
ing, minor construction, principal and interest charges, 
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and 
insurance 
premiums, 
as 
authorized 
by 
law, 
$274,429,000. 
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, 
$59,157,000. 
DEPARTMENT OF DEFENSE FAMILY HOUSING 
IMPROVEMENT FUND 
For the Department of Defense Family Housing Im-
provement Fund, $3,258,000, to remain available until ex-
pended, for family housing initiatives undertaken pursu-
ant to section 2883 of title 10, United States Code, pro-
viding alternative means of acquiring and improving mili-
tary family housing and supporting facilities. 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
For deposit into the Department of Defense Base 
Closure Account, established by section 2906(a) of the De-
fense Base Closure and Realignment Act of 1990 (10 
U.S.C. 2687 note), $230,237,000, to remain available 
until expended. 
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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 there-
for. 
SEC. 102. Funds made available in this title for con-
struction shall be available for hire of passenger motor ve-
hicles. 
SEC. 103. Funds made available in this title for con-
struction may be used for advances to the Federal High-
way Administration, Department of Transportation, for 
the construction of access roads as authorized by section 
210 of title 23, United States Code, when projects author-
ized therein are certified as important to the national de-
fense 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 
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the Army Corps of Engineers or the Naval Facilities Engi-
neering Command, except: (1) where there is a determina-
tion 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 con-
struction. 
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 an-
other, without prior notification to the Committees on Ap-
propriations 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 con-
struction project or activity for which American steel pro-
ducers, fabricators, and manufacturers have been denied 
the opportunity to compete for such steel procurement. 
SEC. 109. None of the funds available to the Depart-
ment of Defense for military construction or family hous-
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ing 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 Appro-
priations 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 Atlan-
tic 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 terri-
tories 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 respon-
sive and responsible bid of a foreign contractor by greater 
than 20 percent: Provided further, That this section shall 
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not apply to contract awards for military construction on 
Kwajalein Atoll for which the lowest responsive and re-
sponsible bid is submitted by a Marshallese contractor. 
SEC. 113. The Secretary of Defense shall inform the 
appropriate committees of both Houses of Congress, in-
cluding the Committees on Appropriations, of plans and 
scope of any proposed military exercise involving United 
States personnel 30 days prior to its occurring, if amounts 
expended for construction, either temporary or permanent, 
are anticipated to exceed $100,000. 
SEC. 114. Funds appropriated to the Department of 
Defense for construction in prior years shall be available 
for construction authorized for each such military depart-
ment by the authorizations enacted into law during the 
current session of Congress. 
SEC. 115. For military construction or family housing 
projects that are being completed with funds otherwise ex-
pired or lapsed for obligation, expired or lapsed funds may 
be used to pay the cost of associated supervision, inspec-
tion, overhead, engineering and design on those projects 
and on subsequent claims, if any. 
SEC. 116. Notwithstanding any other provision of 
law, any funds made available to a military department 
or defense agency for the construction of military projects 
may be obligated for a military construction project or 
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contract, or for any portion of such a project or contract, 
at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made 
available, if the funds obligated for such project: (1) are 
obligated from funds available for military construction 
projects; and (2) do not exceed the amount appropriated 
for such project, plus any amount by which the cost of 
such project is increased pursuant to law. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 117. Subject to 30 days prior notification, or 
14 days for a notification provided in an electronic me-
dium pursuant to sections 480 and 2883 of title 10, 
United States Code, to the Committees on Appropriations 
of both Houses of Congress, such additional amounts as 
may be determined by the Secretary of Defense may be 
transferred to: (1) the Department of Defense Family 
Housing Improvement Fund from amounts appropriated 
for construction in ‘‘Family Housing’’ accounts, to be 
merged with and to be available for the same purposes 
and for the same period of time as amounts appropriated 
directly to the Fund; or (2) the Department of Defense 
Military Unaccompanied Housing Improvement Fund 
from amounts appropriated for construction of military 
unaccompanied housing in ‘‘Military Construction’’ ac-
counts, to be merged with and to be available for the same 
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purposes and for the same period of time as amounts ap-
propriated directly to the Fund: Provided, That appropria-
tions made available to the Funds shall be available to 
cover the costs, as defined in section 502(5) of the Con-
gressional Budget Act of 1974, of direct loans or loan 
guarantees issued by the Department of Defense pursuant 
to the provisions of subchapter IV of chapter 169 of title 
10, United States Code, pertaining to alternative means 
of acquiring and improving military family housing, mili-
tary unaccompanied housing, and supporting facilities. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 118. In addition to any other transfer authority 
available to the Department of Defense, amounts may be 
transferred from the Department of Defense Base Closure 
Account to the fund established by section 1013(d) of the 
Demonstration Cities and Metropolitan Development Act 
of 1966 (42 U.S.C. 3374) to pay for expenses associated 
with the Homeowners Assistance Program incurred under 
42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall 
be merged with and be available for the same purposes 
and for the same time period as the fund to which trans-
ferred. 
SEC. 119. Notwithstanding any other provision of 
law, funds made available in this title for operation and 
maintenance of family housing shall be the exclusive 
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source of funds for repair and maintenance of all family 
housing units, including general or flag officer quarters: 
Provided, That not more than $35,000 per unit may be 
spent annually for the maintenance and repair of any gen-
eral or flag officer quarters without 30 days prior notifica-
tion, or 14 days for a notification provided in an electronic 
medium pursuant to sections 480 and 2883 of title 10, 
United States Code, to the Committees on Appropriations 
of both Houses of Congress, except that an after-the-fact 
notification shall be submitted if the limitation is exceeded 
solely due to costs associated with environmental remedi-
ation that could not be reasonably anticipated at the time 
of the budget submission: Provided further, That the 
Under Secretary of Defense (Comptroller) is to report an-
nually to the Committees on Appropriations of both 
Houses of Congress all operation and maintenance ex-
penditures for each individual general or flag officer quar-
ters for the prior fiscal year. 
SEC. 120. Amounts contained in the Ford Island Im-
provement Account established by subsection (h) of sec-
tion 2814 of title 10, United States Code, are appro-
priated and shall be available until expended for the pur-
poses specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 121. During the 5-year period after appropria-
tions available in this Act to the Department of Defense 
for military construction and family housing operation and 
maintenance and construction have expired for obligation, 
upon a determination that such appropriations will not be 
necessary for the liquidation of obligations or for making 
authorized adjustments to such appropriations for obliga-
tions incurred during the period of availability of such ap-
propriations, unobligated balances of such appropriations 
may be transferred into the appropriation ‘‘Foreign Cur-
rency Fluctuations, Construction, Defense’’, to be merged 
with and to be available for the same time period and for 
the same purposes as the appropriation to which trans-
ferred. 
SEC. 122. (a) Except as provided in subsection (b), 
none of the funds made available in this Act may be used 
by the Secretary of the Army to relocate a unit in the 
Army that— 
(1) performs a testing mission or function that 
is not performed by any other unit in the Army and 
is specifically stipulated in title 10, United States 
Code; and 
(2) is located at a military installation at which 
the total number of civilian employees of the Depart-
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ment of the Army and Army contractor personnel 
employed exceeds 10 percent of the total number of 
members of the regular and reserve components of 
the Army assigned to the installation. 
(b) EXCEPTION.—Subsection (a) shall not apply if 
the Secretary of the Army certifies to the congressional 
defense committees that in proposing the relocation of the 
unit of the Army, the Secretary complied with Army Regu-
lation 5–10 relating to the policy, procedures, and respon-
sibilities for Army stationing actions. 
SEC. 123. Amounts appropriated or otherwise made 
available in an account funded under the headings in this 
title may be transferred among projects and activities 
within the account in accordance with the reprogramming 
guidelines for military construction and family housing 
construction contained in Department of Defense Finan-
cial Management Regulation 7000.14–R, Volume 3, Chap-
ter 7, of March 2011, as in effect on the date of enactment 
of this Act. 
SEC. 124. None of the funds made available in this 
title may be obligated or expended for planning and design 
and construction of projects at Arlington National Ceme-
tery. 
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(RESCISSION OF FUNDS) 
SEC. 125. Of the unobligated balances available for 
‘‘Military Construction, Army’’, from prior appropriation 
Acts (other than appropriations designated by law as 
being for contingency operations directly related to the 
global war on terrorism or as an emergency requirement), 
$25,000,000 are hereby rescinded. 
(RESCISSION OF FUNDS) 
SEC. 126. Of the unobligated balances available for 
‘‘Military Construction, Navy and Marine Corps’’, from 
prior appropriation Acts (other than appropriations des-
ignated by law as being for contingency operations directly 
related to the global war on terrorism or as an emergency 
requirement), $51,848,000 are hereby rescinded. 
(RESCISSION OF FUNDS) 
SEC. 127. Of the unobligated balances available for 
‘‘Military Construction, Defense-Wide’’, from prior appro-
priation Acts (other than appropriations designated by law 
as being for contingency operations directly related to the 
global war on terrorism or as an emergency requirement), 
$37,377,000 are hereby rescinded. 
SEC. 128. For an additional amount for ‘‘Military 
Construction, Army’’, $40,500,000, to remain available 
until September 30, 2021: Provided, That such funds may 
only be obligated to carry out construction projects, in pri-
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H4974
SSpencer on DSK4SPTVN1PROD with BILLS