[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5895 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
June 25, 2018.
Resolved, That the bill from the House of Representatives (H.R.
5895) entitled ``An Act making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2019, and for other purposes.'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Energy and Water, Legislative
Branch, and Military Construction and Veterans Affairs Appropriations
Act, 2019''.
SEC. 2. REFERENCES TO ACT.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 3. REFERENCES TO REPORT.
(a) Any reference to a ``report accompanying this Act'' contained
in division A shall be treated as a reference to Senate Report 115-258.
The effect of such Report shall be limited to division A and shall
apply for purposes of determining the allocation of funds provided by,
and the implementation of, division A.
(b) Any reference to a ``report accompanying this Act'' contained
in division B shall be treated as a reference to Senate Report 115-274.
The effect of such Report shall be limited to division B and shall
apply for purposes of determining the allocation of funds provided by,
and the implementation of, division B.
(c) Any reference to a ``report accompanying this Act'' contained
in division C shall be treated as a reference to Senate Report 115-269.
The effect of such Report shall be limited to division C and shall
apply for purposes of determining the allocation of funds provided by,
and the implementation of, division C.
DIVISION A--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for energy and water development
and related agencies for the fiscal year ending September 30, 2019, and
for other purposes, namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $123,000,000, to
remain available until expended.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,148,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects, except for Chickamauga Lock,
Tennessee River, Tennessee, which shall be 15 percent during the fiscal
year covered by this Act, shall be derived from the Inland Waterways
Trust Fund, except as otherwise specifically provided for in law:
Provided, That of the funds made available under this heading,
$102,130,000 shall be for Additional Funding, Inland Waterways Trust
Fund Revenues, as designated in the report accompanying this Act:
Provided further, That of the funds made available under this heading,
$507,870,000 shall be for Additional Funding, Navigation, as designated
in the report accompanying this Act of which not less than $100,000,000
shall be used for projects relating to deep-draft navigation.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $350,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for
inland harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $3,740,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 shall be derived from that account
for resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become available
from fees collected under section 217 of Public Law 104-303 shall be
used to cover the cost of operation and maintenance of the dredged
material disposal facilities for which such fees have been collected:
Provided, That 1 percent of the total amount of funds provided for each
of the programs, projects, or activities funded under this heading
shall not be allocated to a field operating activity prior to the
beginning of the fourth quarter of the fiscal year and shall be
available for use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used for
emergency activities proportionally in accordance with the amounts
provided for the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $200,000,000, to remain
available until September 30, 2020.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $120,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $193,000,000, to remain available until September 30, 2020, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this
title shall be available to fund the civil works activities of the
Office of the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided further,
That any Flood Control and Coastal Emergencies appropriation may be
used to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2020: Provided, That not more than 75
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress a work plan that allocates at least 95 percent of the
additional funding provided under each heading in this title, as
designated under such heading in the report of the Committee on
Appropriations accompanying this Act, to specific programs, projects,
or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2019, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House and
Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the House
and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up to
$3,000,000 may be reprogrammed for settled contractor claims,
changed conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be reprogrammed into
any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the House and Senate Committees on Appropriations of
these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$5,000,000 per project, study, or activity is allowed:
Provided further, That for a base level less than $1,000,000,
the reprogramming limit is $150,000: Provided further, That
$150,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees
on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the House and Senate Committees
on Appropriations to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year
which shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
(e) The Secretary shall allocate funds made available in this Act
solely in accordance with the provisions of this Act and the report of
the Committee on Appropriations accompanying this Act, including the
determination and designation of new starts.
(f) None of the funds made available in this title may be used to
award or modify any contract that commits funds beyond the amounts
appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to this section.
Sec. 102. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 103. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 104. None of the funds made available in this title may be
used for any acquisition of buoy chain that is not consistent with 48
CFR 225.7007, subsections (a)(1) and (a)(2).
Sec. 105. None of the funds made available by this Act may be used
to require a permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for
the activities identified in subparagraphs (A) and (C) of section
404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
Sec. 106. Not later than 180 days after the date of enactment of
this Act, the Secretary of the Army shall submit to Congress a report
that--
(1) describes the history of Corps of Engineers funding
requests and actual appropriations for the last 10 fiscal years
preceding the date of enactment of this Act for the flood and
coastal storm damage reduction business line, including a list
of all requests for coastal and inland investigations,
construction, and operation and maintenance;
(2) provides a definition for the terms ``coastal project''
and ``inland project'' that the Corps of Engineers uses with
respect to those projects under the flood and coastal storm
damage reduction business line;
(3) provides an analysis of the changes in the comparative
funding for coastal projects and inland projects under that
business line;
(4) provides an explanation for the discrepancy in funding
between coastal projects and inland projects under that
business line; and
(5) includes recommendations on ways to correct the
discrepancy described in paragraph (4).
Sec. 107. It is the sense of the Senate that--
(1) ongoing construction of projects that principally
benefit urban areas, including rainfall drainage systems that
address flood damages, should receive consideration for
additional funding;
(2) any additional funding described in paragraph (1) is in
addition to the budget request submitted to Congress by the
President; and
(3) the projects described in paragraph (1) should not be
excluded from consideration for being inconsistent with the
policy of the administration.
Sec. 108. (a) Congress finds that--
(1) the restoration of the Everglades, as described in the
Comprehensive Everglades Restoration Plan authorized by title
VI of the Water Resources Development Act of 2000 (Public Law
106-541; 114 Stat. 2680) (referred to in this section as the
``Plan''), is the most ambitious environmental restoration
program in history;
(2) the overarching objectives of the Plan are the
restoration, preservation, and protection of the south Florida
ecosystem, while providing for other water-related needs of the
region, including water supply and flood protection;
(3) the Plan should continue to be implemented as
authorized--
(A) to ensure--
(i) the protection of water quality in the
south Florida ecosystem;
(ii) the reduction of the loss of fresh
water from the south Florida ecosystem; and
(iii) the improvement of the environment of
the south Florida ecosystem; and
(B) to achieve and maintain the benefits to the
natural system and human environment described in the
Plan; and
(4) the equal partnership between the Federal Government
and the State of Florida remains essential to accomplishing the
objectives of the Plan.
(b) It is the sense of the Congress that--
(1) the discharge of excess water by the Corps of Engineers
from Lake Okeechobee to the Caloosahatchee Estuary and the
Indian River Lagoon represents a significant loss of fresh
water from the South Florida ecosystem;
(2) the diversion of those Lake Okeechobee discharges to
Plan projects or features like the Everglades Agricultural Area
Storage Reservoir, designed to store and treat water prior to
release into the Central Everglades, is an essential source of
fresh water for meeting the objectives of the Plan; and
(3) the Plan authorizes a 50/50 Federal-State cost share
for all aspects of congressionally authorized restoration
projects, including water quality project features or
components.
Sec. 109. Not later than 120 days after the date of enactment of
this Act, the Secretary of the Army shall submit to the Committee on
Environment and Public Works of the Senate, the Committee on
Appropriations of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Appropriations of the House of Representatives a report that--
(1) includes a list of all cost-shared Corps projects that,
as of the date of enactment of this Act--
(A) are physically and fiscally complete; and
(B) for which excess non-Federal funds have not
been returned to the non-Federal project sponsor; and
(2) with respect to each project listed under paragraph
(1), describes the status of--
(A) returning the excess funds to the non-Federal
project sponsor; and
(B) providing the non-Federal project sponsor a
final accounting of the project.
Sec. 110. None of the funds made available by this title may be
used by the Corps of Engineers to conduct a release or discharge of
water from Lake Okeechobee to the Caloosahatchee Estuary or the Indian
River Lagoon unless the discharge or release--
(1) is conducted in pulses to minimize downstream impacts
from reduced water quality and harmful algal blooms to local
communities and wildlife habitat; or
(2) is necessary--
(A) to protect the integrity of the Herbert Hoover
Dike; and
(B) to minimize threats to lives and human health
in the communities surrounding Lake Okeechobee.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $15,000,000, to remain available until expended, of
which $898,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission: Provided, That of the amount provided under
this heading, $1,398,675 shall be available until September 30, 2020,
for expenses necessary in carrying out related responsibilities of the
Secretary of the Interior: Provided further, That for fiscal year
2019, of the amount made available to the Commission under this Act or
any other Act, the Commission may use an amount not to exceed
$1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $1,395,000,000, to remain available until expended, of
which $67,693,000 shall be available for transfer to the Upper Colorado
River Basin Fund and $5,551,000 shall be available for transfer to the
Lower Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam Fund:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That
within available funds, $250,000 shall be for grants and financial
assistance for educational activities: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 6806 shall be derived from that
Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which the
funds were contributed: Provided further, That funds advanced under 43
U.S.C. 397a shall be credited to this account and are available until
expended for the same purposes as the sums appropriated under this
heading: Provided further, That of the amounts provided herein, funds
may be used for high-priority projects which shall be carried out by
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided further, That of the funds made available under this heading,
$99,500,000 shall be for Additional Funding for Ongoing Work: Rural
Water, as designated in the report accompanying this Act.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $62,008,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
102-575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $35,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2020, $61,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2019, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $400,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term transfer means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds reprogrammed
between programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60 days after
the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. (a) Section 206(c)(2) of the Energy and Water Development
and Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 note;
Public Law 113-235) is amended by striking ``2018.'' and inserting the
following: ``2022: Provided, That the Secretary shall not fund pilot
projects in the Upper Colorado River Basin without the participation of
the Upper Colorado River Division States, acting through the Upper
Colorado River Commission.''.
(b) Section 9504(e) of the Secure Water Act of 2009 (42 U.S.C.
10364(e)) is amended by striking ``$450,000,000'' and inserting
``$480,000,000''.
Sec. 204. Section 9 of the Fort Peck Reservation Rural Water
System Act of 2000 (Public Law 106-382; 114 Stat. 1457, 123 Stat. 2856,
128 Stat. 164) is amended by striking ``2020'' each place it appears in
subsections (a)(1) and (b) and inserting ``2026''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,322,000,000, to
remain available until expended: Provided, That of such amount,
$162,500,000 shall be available until September 30, 2020, for program
direction: Provided further, That of such amount, not less than
$1,000,000 shall be used to support the development and deployment of
high-efficiency linear generator power plant technology, which, for
purposes of stationary electric power production, is equivalent to fuel
cell power plant technology: Provided further, That of the amounts
appropriated under this heading, $4,050,000 shall be made available for
the Photovoltaic Regional Test Centers for Solar Technologies of the
Department of Energy to ensure the continued operation of each Regional
Test Center for Solar Technologies of the Department of Energy, as in
existence on the date of enactment of this Act.
Cybersecurity, Energy Secruity, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security,
emergency response, and electricity delivery activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $260,000,000, to remain available until
expended: Provided, That of such amount, $28,500,000 shall be
available until September 30, 2020, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $1,206,000,000, to remain available until
expended: Provided, That of such amount, $80,000,000 shall be
available until September 30, 2020, for program direction: Provided
further, That of the funds made available under this heading,
$15,000,000 shall be for a material recovery demonstration project to
provide high assay enriched low uranium to support advanced reactors.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant
or facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $727,000,000, to remain available until expended: Provided,
That using funds made available under this heading, the Secretary of
Energy shall continue to carry out external Department of Energy
activities for advanced coal processing research and development,
including by advancing early stage research for converting coal pitch
and coal to carbon fiber and other value-added products for alternative
uses of coal: Provided further, That of such amount $61,070,000 shall
be available until September 30, 2020, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $10,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $175,105,000, to remain available until expended:
Provided, That, as authorized by section 404 of the Bipartisan Budget
Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary of
Energy shall draw down and sell not to exceed $350,000,000 of crude oil
from the Strategic Petroleum Reserve in fiscal year 2019: Provided
further, That the proceeds from such drawdown and sale shall be
deposited into the ``Energy Security and Infrastructure Modernization
Fund'' during fiscal year 2019: Provided further, That such amounts
shall be made available and remain available until expended for
necessary expenses to carry out the Life Extension II project for the
Strategic Petroleum Reserve.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42
U.S.C. 6241, 6239 note), and section 5010 of the 21st Century Cures Act
(Public Law 114-255), $8,400,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $10,000,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $125,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $353,240,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$840,818,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$10,689,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 16 passenger motor vehicles
including one ambulance and one bus, and one airplane for replacement
only, $6,650,000,000, to remain available until expended: Provided,
That of such amount, $184,000,000 shall be available until September
30, 2020, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $375,000,000, to remain available until expended:
Provided, That of such amount, $33,250,000 shall be available until
September 30, 2020, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $33,000,000 is appropriated, to
remain available until September 30, 2020: Provided further, That up
to $33,000,000 of fees collected in fiscal year 2019 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be credited as
offsetting collections under this heading and used for necessary
administrative expenses in this appropriation and shall remain
available until September 30, 2020: Provided further, That to the
extent that fees collected in fiscal year 2019 exceed $33,000,000,
those excess amounts shall be credited as offsetting collections under
this heading and available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That the
sum herein appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2019 (estimated at
$15,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from fees collected in previous fiscal
years that are not otherwise appropriated, so as to result in a final
fiscal year 2019 appropriation from the general fund estimated at $0:
Provided further, That the Department of Energy shall not subordinate
any loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation
to any loan or other debt obligations in violation of section 609.10 of
title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2020.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $1,000,000, to
remain available until September 30, 2020.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $18,000,000, to remain available until expended:
Provided, That, of the amount appropriated under this heading,
$4,800,000 shall be available until September 30, 2020 for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$266,000,000, to remain available until September 30, 2020, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $96,000,000 in fiscal year
2019 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2019 appropriation from the general fund estimated at not more than
$170,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$51,330,000, to remain available until September 30, 2020: Provided,
That of such amount, such amounts as are necessary shall be available
to ensure that the Office of the Inspector General fully meets the
requirements of the Federal Funding Accountability and Transparency Act
of 2006 (31 U.S.C. 6101 note; Public Law 109-292).
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $10,850,000,000, to
remain available until expended: Provided, That of such amount,
$102,022,000 shall be available until September 30, 2020, for program
direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,902,000,000, to
remain available until expended: Provided, That of the amounts
appropriated under this heading, $20,000,000 shall be for cooperative
agreements and laboratory support to accelerate the domestic production
of Molybdenum-99.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,620,000,000,
to remain available until expended: Provided, That of such amount,
$48,042,000 shall be available until September 30, 2020, for program
direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $408,000,000, to remain
available until September 30, 2020, including official reception and
representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $5,988,000,000, to
remain available until expended: Provided, That of such amount,
$300,000,000 shall be available until September 30, 2020, for program
direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $840,000,000, to remain available until expended: Provided,
That of such amount, $288,396,000 shall be available until September
30, 2020, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2019, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,500,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $6,500,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2019 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$55,000,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $29,802,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $19,402,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2019 appropriation
estimated at not more than $10,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $10,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $222,142,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $222,142,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $132,770,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2019 appropriation
estimated at not more than $89,372,000, of which $89,372,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $180,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $5,207,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $4,979,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2019 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2019, the
Administrator of the Western Area Power Administration may accept up to
$122,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $369,900,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $369,900,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2019 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2019 so as to result in a
final fiscal year 2019 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including a
contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the ``FY
2019 Senate'' column in the ``Department of Energy'' table included
under the heading ``Title III--Department of Energy'' in the report of
the Committee on Appropriations accompanying this Act.
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify,
and obtain the prior approval of, the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of any
proposed reprogramming that would cause any program, project, or
activity funding level to increase or decrease by more than $5,000,000
or 10 percent, whichever is less, during the time period covered by
this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2019 until the enactment of the Intelligence
Authorization Act for fiscal year 2019.
Sec. 303. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 304. (a) Definitions.--In this section:
(1) Affected indian tribe.--The term ``affected Indian
tribe'' has the meaning given the term in section 2 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(2) High-level radioactive waste.--The term ``high-level
radioactive waste'' has the meaning given the term in section 2
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(3) Nuclear waste fund.--The term ``Nuclear Waste Fund''
means the Nuclear Waste Fund established under section 302(c)
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(b) Pilot Program.--Notwithstanding any provision of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), the Secretary is
authorized, in the current fiscal year and subsequent fiscal years, to
conduct a pilot program to license, construct, and operate 1 or more
Federal consolidated storage facilities to provide interim storage as
needed for spent nuclear fuel and high-level radioactive waste, with
priority for storage given to spent nuclear fuel located on sites
without an operating nuclear reactor.
(c) Requests for Proposals.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall issue a request for
proposals for cooperative agreements--
(1) to obtain any license necessary from the Nuclear
Regulatory Commission for the construction of 1 or more
consolidated storage facilities;
(2) to demonstrate the safe transportation of spent nuclear
fuel and high-level radioactive waste, as applicable; and
(3) to demonstrate the safe storage of spent nuclear fuel
and high-level radioactive waste, as applicable, at the 1 or
more consolidated storage facilities pending the construction
and operation of deep geologic disposal capacity for the
permanent disposal of the spent nuclear fuel.
(d) Consent-Based Approval.--Prior to siting a consolidated storage
facility pursuant to this section, the Secretary shall enter into an
agreement to host the facility with--
(1) the Governor of the State;
(2) each unit of local government within the jurisdiction
of which the facility is proposed to be located; and
(3) each affected Indian tribe.
(e) Applicability.--In executing this section, the Secretary shall
comply with--
(1) all licensing requirements and regulations of the
Nuclear Regulatory Commission; and
(2) all other applicable laws (including regulations).
(f) Pilot Program Plan.--Not later than 120 days after the date on
which the Secretary issues the request for proposals under subsection
(c), the Secretary shall submit to Congress a plan to carry out this
section that includes--
(1) an estimate of the cost of licensing, constructing, and
operating a consolidated storage facility, including the
transportation costs, on an annual basis, over the expected
lifetime of the facility;
(2) a schedule for--
(A) obtaining any license necessary to construct
and operate a consolidated storage facility from the
Nuclear Regulatory Commission;
(B) constructing the facility;
(C) transporting spent fuel to the facility; and
(D) removing the spent fuel and decommissioning the
facility;
(3) an estimate of the cost of any financial assistance,
compensation, or incentives proposed to be paid to the host
State, Indian tribe, or local government;
(4) an estimate of any future reductions in the damages
expected to be paid by the United States for the delay of the
Department of Energy in accepting spent fuel expected to result
from the pilot program;
(5) recommendations for any additional legislation needed
to authorize and implement the pilot program; and
(6) recommendations for a mechanism to ensure that any
spent nuclear fuel or high-level radioactive waste stored at a
consolidated storage facility pursuant to this section shall
move to deep geologic disposal capacity, following a consent-
based approval process for that deep geologic disposal capacity
consistent with subsection (d), within a reasonable time after
the issuance of a license to construct and operate the
consolidated storage facility.
(g) Public Participation.--Prior to choosing a site for the
construction of a consolidated storage facility under this section, the
Secretary shall conduct 1 or more public hearings in the vicinity of
each potential site and in at least 1 other location within the State
in which the site is located to solicit public comments and
recommendations.
(h) Use of Nuclear Waste Fund.--The Secretary may make expenditures
from the Nuclear Waste Fund to carry out this section, subject to
appropriations.
Sense of the Senate Regarding Innovation
Sec. 305. (a) Findings.--Congress finds that--
(1) the United States leads the world in innovation through
scientific research;
(2) many technologies making major contributions to the
United States economy were created through Federal support for
scientific research, including nuclear power, the laser, the
personal computer, the internet, and Global Positioning
Systems; and
(3) in recognition of the importance of innovation through
scientific research and development, Congress increased
appropriations for Department of Energy research and
development programs for fiscal year 2016 and each fiscal year
thereafter.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) to maintain the position of the United States as a
world leader in innovation, Congress and the Secretary of
Energy should continue to support innovative science research
and development at National Laboratories and institutions of
higher education, along with private partners and nonprofit
research organizations, through sustained robust and reliable
funding in specific research areas, including--
(A) exascale computing and supercomputing;
(B) quantum and photonic information sciences;
(C) biological and environmental research;
(D) energy; and
(E) materials and manufacturing; and
(2) Congress should continue to increase scientific
research and development funding--
(A) to ensure future technological advances
continue to spur innovation;
(B) to help companies create good paying jobs; and
(C) to strengthen national security.
Sec. 306. (a) The Secretary of Energy, in consultation with the
Secretary of Defense, shall evaluate the military installations at
which it would be cost-effective to establish a partnership with
community colleges, institutions of higher education, and the private
sector to train veterans and members of the Armed Forces transitioning
to civilian life to enter the cybersecurity, energy, and artificial
intelligence workforces.
(b) Not later than 120 days after the date of enactment of this
Act, the Secretary of Energy, in consultation with the Secretary of
Defense, shall submit to the congressional defense and energy
committees and make publicly available a report describing the results
of the evaluation conducted under subsection (a).
Sec. 307. (a) Section 5 of the Federal Power Act (16 U.S.C. 798) is
amended--
(1) in subsection (a), by striking ``three'' and inserting
``4''; and
(2) in subsection (b)--
(A) by striking ``Commission may extend the period
of a preliminary permit once for not more than 2
additional years beyond the 3 years'' and inserting the
following: ``Commission may--
``(1) extend the period of a preliminary permit once for
not more than 4 additional years beyond the 4 years'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) after the end of an extension period granted under
paragraph (1), issue an additional permit to the permittee if
the Commission determines that there are extraordinary
circumstances that warrant the issuance of the additional
permit.''.
(b) Section 13 of the Federal Power Act (16 U.S.C. 806) is amended
in the second sentence by striking ``once but not longer than two
additional years'' and inserting ``for not more than 8 additional
years,''.
(c) Any obligation of a licensee or exemptee for the payment of
annual charges under section 10(e) of the Federal Power Act (16 U.S.C.
803(e)) for a project that has not commenced construction as of the
date of enactment of this Act shall commence not earlier than the
latest of--
(1) the date by which the licensee or exemptee is required
to commence construction; or
(2) the date of any extension of the deadline under
paragraph (1).
Sec. 308. Not later than 18 months after the date of enactment of
this Act, the Secretary of the Interior, after consultation with the
Secretary of Agriculture, shall--
(1) survey the exterior boundaries of the tract of Federal
land within the project boundary of the Swan Lake Hydroelectric
Project (FERC No. 2911) as generally depicted and labeled
``Lost Creek'' on the map entitled ``Swan Lake Project
Boundary--Lot 2'' and dated February 1, 2016; and
(2) issue a patent to the State of Alaska for the tract
described in paragraph (1) in accordance with--
(A) the survey authorized under paragraph (1);
(B) section 6(a) of the Act of July 7, 1958
(commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21; Public Law 85-508); and
(C) section 24 of the Federal Power Act (16 U.S.C.
818).
Sec. 309. (a) In this section:
(1) The term ``Commission'' means the Federal Energy
Regulatory Commission.
(2) The term ``Terror Lake Hydroelectric Project'' means
the project identified in section 1325 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3212), and which is
the Commission project numbered 2743.
(3) The term ``Upper Hidden Basin Diversion Expansion''
means the expansion of the Terror Lake Hydroelectric Project as
generally described in exhibit E to the Upper Hidden Basin
Grant Application dated July 2, 2014, and submitted to the
Alaska Energy Authority Renewable Energy Fund Round VIII by
Kodiak Electric Association, Inc.
(b) The licensee for the Terror Lake Hydroelectric Project may
occupy not more than 20 acres of Federal land to construct, operate,
and maintain the Upper Hidden Basin Diversion Expansion without further
authorization of the Secretary of the Interior or under the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).
(c) The Upper Hidden Basin Diversion Expansion shall be subject to
appropriate terms and conditions included in an amendment to a license
issued by the Commission pursuant to the Federal Power Act (16 U.S.C.
791a et seq.), including section 4(e) of that Act (16 U.S.C. 797(e)),
following an environmental review by the Commission under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 310. (a) In this section:
(1) The term ``Commission'' means the Federal Energy
Regulatory Commission.
(2) The term ``license'' means the license for the
Commission project numbered 11393.
(3) The term ``licensee'' means the holder of the license.
(b) On the request of the licensee, the Commission shall issue an
order continuing the stay of the license.
(c) On the request of the licensee, but not later than 10 years
after the date of enactment of this Act, the Commission shall--
(1) issue an order lifting the stay of the license under
subsection (b); and
(2) make the effective date of the license the date on
which the stay is lifted under paragraph (1).
(d)(1) Notwithstanding the time period specified in section 13 of
the Federal Power Act (16 U.S.C. 806) that would otherwise apply to the
Commission project numbered 11393, the Commission may, at the request
of the licensee, and after reasonable notice, in accordance with the
good faith, due diligence, and public interest requirements of, and the
procedures of the Commission under, that section, extend the time
period during which the licensee is required to commence the
construction of the project for not more than 3 consecutive 2-year
periods from the date of the expiration of the extension originally
issued by the Commission.
(2)(A) If the period required for the commencement of construction
of the project described in paragraph (1) has expired prior to the date
of enactment of this Act, the Commission may reinstate the license
effective as of the date of the expiration of the license.
(B) If the Commission reinstates the license under subparagraph
(A), the first extension authorized under paragraph (1) shall take
effect on the date of that expiration.
(e) Nothing in this section prioritizes, or creates any advantage
or disadvantage to, Commission project numbered 11393 under Federal
law, including the Federal Power Act (16 U.S.C. 791a et seq.) or the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et
seq.), as compared to--
(1) any electric generating facility in existence on the
date of enactment of this Act; or
(2) any electric generating facility that may be examined,
proposed, or developed during the period of any stay or
extension of the license under this section.
Sec. 311. (a) Notwithstanding the time period specified in section
13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply
to Federal Energy Regulatory Commission project numbers 12756, 12757,
and 12758, the Federal Energy Regulatory Commission (referred to in
this section as the ``Commission'') may, at the request of the licensee
for the applicable project, and after reasonable notice, in accordance
with the good faith, due diligence, and public interest requirements of
that section and the procedures of the Commission under that section,
extend the time period during which the licensee is required to
commence the construction of the applicable project for up to 3
consecutive 2-year periods from the date of the expiration of the
extension originally issued by the Commission.
(b) If the time period required for commencement of construction of
a project described in subsection (a) has expired prior to the date of
enactment of this Act--
(1) the Commission may reinstate the license for the
applicable project effective as of the date of the expiration
of the license; and
(2) the first extension authorized under subsection (a)
shall take effect on that expiration.
Sec. 312. (a) Notwithstanding the time period specified in section
13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply
to the Federal Energy Regulatory Commission project numbered 12478-003,
the Federal Energy Regulatory Commission (referred to in this section
as the ``Commission'') may, at the request of the licensee for the
project, and after reasonable notice, in accordance with the good
faith, due diligence, and public interest requirements of, and the
procedures of the Commission under, that section, extend the time
period during which the licensee is required to commence construction
of the project for not more than 3 consecutive 2-year periods from the
date of the expiration of the extension originally issued by the
Commission.
(b)(1) If the period required for the commencement of construction
of the project described in subsection (a) has expired prior to the
date of enactment of this Act, the Commission may reinstate the license
effective as of that date of expiration.
(2) If the Commission reinstates the license under paragraph (1),
the first extension authorized under subsection (a) shall take effect
on the date of that expiration.
Sec. 313. (a) Notwithstanding the time period specified in section
13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply
to the Federal Energy Regulatory Commission project numbered 13287, the
Federal Energy Regulatory Commission (referred to in this section as
the ``Commission'') may, at the request of the licensee for the
project, and after reasonable notice, in accordance with the good
faith, due diligence, and public interest requirements of that section
and the procedures of the Commission under that section, extend the
time period during which the licensee is required to commence
construction of the project for up to 4 consecutive 2-year periods
after the required date of the commencement of construction described
in Article 301 of the license.
(b)(1) If the period required for the commencement of construction
of the project described in subsection (a) has expired prior to the
date of enactment of this Act, the Commission may reinstate the license
effective as of that date of expiration.
(2) If the Commission reinstates the license under paragraph (1),
the first extension authorized under subsection (a) shall take effect
on the date of that expiration.
Sec. 314. (a) Notwithstanding the time period specified in section
13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply
to the Federal Energy Regulatory Commission project numbered 12642, the
Federal Energy Regulatory Commission (referred to in this section as
the ``Commission'') may, at the request of the licensee for the
project, and after reasonable notice, in accordance with the good
faith, due diligence, and public interest requirements of that section
and the procedures of the Commission under that section, extend the
time period during which the licensee is required to commence the
construction of the project for up to 3 consecutive 2-year periods from
the date of the expiration of the extension originally issued by the
Commission.
(b) If the period required for commencement of construction of the
project described in subsection (a) has expired prior to the date of
enactment of this Act--
(1) the Commission may reinstate the license effective as
of the date of the expiration of the license; and
(2) the first extension authorized under subsection (a)
shall take effect on that expiration date.
Sec. 315. (a) Notwithstanding the time period specified in section
13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply
to the Federal Energy Regulatory Commission projects numbered 12737 and
12740, the Federal Energy Regulatory Commission (referred to in this
section as the ``Commission'') may, at the request of the licensee for
the applicable project, and after reasonable notice, in accordance with
the good faith, due diligence, and public interest requirements of that
section and the procedures of the Commission under that section, extend
the time period during which the licensee is required to commence the
construction of the applicable project for up to 3 consecutive 2-year
periods from the date of the expiration of the extension originally
issued by the Commission.
(b) If the period required for commencement of construction of a
project described in subsection (a) has expired prior to the date of
enactment of this Act--
(1) the Commission may reinstate the license for the
applicable project effective as of the date of the expiration
of the license; and
(2) the first extension authorized under subsection (a)
shall take effect on that expiration.
Sec. 316. (a) Notwithstanding the time period specified in section
13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply
to the Federal Energy Regulatory Commission project numbered 12715
(referred to in this section as the ``project''), the Federal Energy
Regulatory Commission (referred to in this section as the
``Commission'') may, at the request of the licensee for the project,
and after reasonable notice, in accordance with the good faith, due
diligence, and public interest requirements of, and the procedures of
the Commission under, that section, extend the time period during which
the licensee is required to commence the construction of the project
for not more than 3 consecutive 2-year periods that begin on the date
of the expiration of the extension originally issued by the Commission.
(b)(1) If the period required for the commencement of construction
of the project has expired before the date of enactment of this Act,
the Commission may reinstate the license effective as of the date of
the expiration of the license.
(2) If the Commission reinstates the license under paragraph (1),
the first extension authorized under subsection (a) shall take effect
on the date of that expiration.
Sec. 317. In making awards from the Energy Technology
Commercialization Fund established under section 1001(e) of the Energy
Policy Act of 2005 (42 U.S.C. 16391(e)), the requirements for matching
funds shall be determined by the Secretary of Energy in accordance with
section 988 of that Act (42 U.S.C. 16352).
Sec. 318. Pursuant to section 1807 of the Grand Canyon Protection
Act of 1992 (Public Law 102-575; 106 Stat. 4672), section 3(d)(1) of
Public Law 106-392 (114 Stat. 1604), section 601(b) of the Colorado
River Basin Project Act (43 U.S.C. 1551(b)), and section 15 of the Act
of April 11, 1956 (commonly known as the ``Colorado River Storage
Project Act'') (43 U.S.C. 620n) of the offsetting collections in the
Upper Colorado River Basin Fund of the Western Area Power
Administration for repayment of capital costs, $23,000,000 may be
transferred to the Upper Colorado Basin Fund.
Sec. 319. (a) The Secretary of Energy (referred to in this section
as the ``Secretary'') shall conduct a study on the potential for
natural gas demand response across energy sectors and geographic
regions.
(b) Not later than 18 months after the date of enactment of this
Act, the Secretary shall submit to Congress a report on the results of
study conducted under subsection (a), including--
(1) a description and quantification of--
(A) potential natural gas and energy savings and
load shifting; and
(B) the costs and benefits associated with those
savings, including avoided energy costs, reduced market
price volatility, improved electric and gas system
reliability, deferred or avoided pipeline or utility
capital investment, and air emissions reductions;
(2) an identification of geographic areas that would
benefit most from implementing demand response measures for
natural gas infrastructure; and
(3) a description of--
(A) existing and emerging technologies that can be
used for demand response in the natural gas sector; and
(B) best practices for developing a strategy for
deployment of those technologies in the natural gas
sector.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, and for expenses
necessary for the Federal Co-Chairman and the Alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$155,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $31,000,000, to
remain available until September 30, 2020.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said
Act, $25,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $15,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities: Provided further,
That notwithstanding any other provision of law regarding payment of a
non-Federal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such a non-
Federal share for programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $20,000,000, to remain available until expended:
Provided, That such amounts shall be available for administrative
expenses, notwithstanding section 15751(b) of title 40, United States
Code: Provided further, That during fiscal year 2019, the duties and
authority of the Federal Cochairperson shall be assumed by the Northern
Border Regional Commission Program Director if the position of the
Federal Cochairperson and Alternate Federal Cochairperson is vacant.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $898,350,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2020,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the
Commission: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$794,218,500 in fiscal year 2019 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2019 so as to result in
a final fiscal year 2019 appropriation estimated at not more than
$104,131,500: Provided further, That of the amounts appropriated under
this heading, $10,000,000 shall be for university research and
development in areas relevant to the Commission's mission, and
$5,000,000 shall be for a Nuclear Science and Engineering Grant Program
that will support multiyear projects that do not align with
programmatic missions but are critical to maintaining the discipline of
nuclear science and engineering.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$12,609,000, to remain available until September 30, 2020: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,355,000 in fiscal year 2019
shall be retained and be available until September 30, 2020, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2019 so as to result in a final fiscal year
2019 appropriation estimated at not more than $2,254,000: Provided
further, That of the amounts appropriated under this heading,
$1,103,000 shall be for Inspector General services for the Defense
Nuclear Facilities Safety Board, which shall not be available from fee
revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $3,600,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2020.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would
pose a substantial risk to human health, the environment, welfare, or
national security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the report of the Committee on Appropriations accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the report of the
Committee on Appropriations accompanying this Act, or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the report of the Committee on Appropriations accompanying this Act,
or any authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to another
department, agency, or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2019''.
DIVISION B--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2019
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Legislative Branch for the
fiscal year ending September 30, 2019, and for other purposes, namely:
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader of the
Senate, $39,920; Minority Leader of the Senate, $39,920; Majority Whip
of the Senate, $9,980; Minority Whip of the Senate, $9,980; President
Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $4,690 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $4,690 for each Chairman; in
all, $189,840.
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized
by law, including agency contributions, $205,376,812, which shall be
paid from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,417,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $723,466.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $309,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,255,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,359,424.
committee on appropriations
For salaries of the Committee on Appropriations, $15,142,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,658,000 for each such committee; in all, $3,316,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $817,402.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,692,905 for each such committee; in all,
$3,385,810.
office of the chaplain
For Office of the Chaplain, $461,886.
office of the secretary
For Office of the Secretary, $25,783,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $82,684,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,810,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $59,912,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $6,115,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,147,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for
the Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of
the Senate, section 112 of the Supplemental Appropriations and
Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281,
96th Congress, agreed to March 11, 1980, $133,265,000, of which
$26,650,000 shall remain available until September 30, 2021.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$10,036,000 of which $6,436,000 shall remain available until September
30, 2023 and of which $3,600,000 shall remain available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper
of the Senate, $126,595,000, which shall remain available until
September 30, 2023.
miscellaneous items
For miscellaneous items, $20,870,849 which shall remain available
until September 30, 2021.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$429,000,000 of which $20,128,950 shall remain available until
September 30, 2021 and of which $5,000,000 shall be allocated solely
for the purpose of providing financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal year or fiscal years
for which such amounts are made available. Any unexpended balances
under such allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance with the
undesignated paragraph under the center heading ``GENERAL PROVISION''
under chapter XI of the Third Supplemental Appropriation Act, 1957 (2
U.S.C. 4107) and used for deficit reduction (or, if there is no Federal
budget deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury considers
appropriate).
adjustments to compensation
Sec. 102. Notwithstanding any other provision of law, no
adjustment shall be made under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of living
adjustments for Members of Congress) during fiscal year 2019.
filing by senate candidates with commission
Sec. 103. Section 302(g) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30102(g)) is amended to read as follows:
``(g) Filing With the Commission.--All designations, statements,
and reports required to be filed under this Act shall be filed with the
Commission.''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,232,893,035, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $25,378,875,
including: Office of the Speaker, $7,123,634, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,642,739, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,751,946, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $2,197,163,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip,
$1,700,079, including $5,000 for official expenses of the Minority
Whip; Republican Conference, $2,186,819; Democratic Caucus, $1,776,495:
Provided, That such amount for salaries and expenses shall remain
available from January 3, 2019 until January 2, 2020.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $573,630,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $127,903,173: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2020, except that $4,000,000 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$23,112,971, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2020.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $218,345,000, including: for salaries and expenses
of the Office of the Clerk, including the positions of the Chaplain and
the Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000
is for the Family Room and not more than $2,000 is for the Office of
the Chaplain, $28,305,000; for salaries and expenses of the Office of
the Sergeant at Arms, including the position of Superintendent of
Garages and the Office of Emergency Management, and including not more
than $3,000 for official representation and reception expenses,
$18,773,000 of which $5,524,000 shall remain available until expended;
for salaries and expenses of the Office of the Chief Administrative
Officer including not more than $3,000 for official representation and
reception expenses, $148,058,000, of which $11,631,000 shall remain
available until expended; for salaries and expenses of the Office of
the Inspector General, $5,019,000; for salaries and expenses of the
Office of General Counsel, $1,502,000; for salaries and expenses of the
Office of the Parliamentarian, including the Parliamentarian, $2,000
for preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $2,026,000; for
salaries and expenses of the Office of the Law Revision Counsel of the
House, $3,327,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $9,937,000; for salaries and expenses
of the Office of Interparliamentary Affairs, $814,000; for other
authorized employees, $584,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $264,293,016, including: supplies, materials, administrative costs
and Federal tort claims, $525,016; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $239,000,000, to remain available
until March 31, 2020; Business Continuity and Disaster Recovery,
$16,186,000 of which $5,000,000 shall remain available until expended;
transition activities for new members and staff, $3,000,000, to remain
available until expended; Wounded Warrior Program $3,000,000, to remain
available until expended; Office of Congressional Ethics, $1,670,000;
and miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of the House,
$722,000.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2019. Any amount remaining after all
payments are made under such allowances for fiscal year 2019 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made,
for reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the
House of Representatives shall have authority to prescribe regulations
to carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
delivery of bills and resolutions
Sec. 111. (a) None of the funds made available in any fiscal year
may be used to deliver a printed copy of a bill, joint resolution, or
resolution to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress) unless
the Member requests a copy.
(b) This section shall apply with respect to fiscal year 2019 and
each succeeding fiscal year.
delivery of congressional record
Sec. 112. (a) None of the funds made available in any fiscal year
may be used to deliver a printed copy of any version of the
Congressional Record to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress).
(b) This section shall apply with respect to fiscal year 2019 and
each succeeding fiscal year.
limitation on amount available to lease vehicles
Sec. 113. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an
aggregate amount that exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 114. (a) None of the funds made available in any fiscal year
may be to provide an aggregate number of more than 50 printed copies of
any edition of the United States Code to all offices of the House of
Representatives.
(b) This section shall apply with respect to fiscal year 2019 and
each succeeding fiscal year.
delivery of reports of disbursements
Sec. 115. (a) None of the funds made available in any fiscal year
may be used to deliver a printed copy of the report of disbursements
for the operations of the House of Representatives under section 106 of
the House of Representatives Administration Reform Technical
Corrections Act (2 U.S.C. 5535) to the office of a Member of the House
of Representatives (including a Delegate or Resident Commissioner to
the Congress).
(b) This section shall apply with respect to fiscal year 2019 and
each succeeding fiscal year.
delivery of daily calendar
Sec. 116. (a) None of the funds made available in any fiscal year
may be used to deliver to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress) a printed copy of the Daily Calendar of the House of
Representatives which is prepared by the Clerk of the House of
Representatives.
(b) This section shall apply with respect to fiscal year 2019 and
each succeeding fiscal year.
delivery of congressional pictorial directory
Sec. 117. (a) None of the funds made available in any fiscal year
may be used to deliver a printed copy of the Congressional Pictorial
Directory to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress).
(b) This section shall apply with respect to fiscal year 2019 and
each succeeding fiscal year.
repeal of authorizations for former speakers
Sec. 118. (a) Repeal of Authorizations for Office Space, Office
Expenses, Franking and Printing Privileges, and Staff.--The first
section and sections 2, 4, 5, and 8 of House Resolution 1238, Ninety-
first Congress, agreed to December 22, 1970 (as enacted into permanent
law by chapter VIII of the Supplemental Appropriations Act, 1971) (2
U.S.C. 5125(a), 5126, 5127, 5128, and 5129) are repealed.
(b) Conforming Amendment.--Subsection (b) of the first section of
Public Law 93-532 (2 U.S.C. 5125(b)) is repealed.
(c) Effective Date.--The amendments made by this section shall
apply with respect to any individual who serves as a Representative in
Congress during the One Hundred Fifteenth Congress or any succeeding
Congress.
adjustments to compensation
Sec. 119. Notwithstanding any other provision of law, no
adjustment shall be made under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of living
adjustments for Members of Congress) during fiscal year 2019.
transfer authority
Sec. 120. (a) Authority To Make Transfers Among House Leadership
Offices.--Section 101 of the Legislative Branch Appropriations Act,
1993 (2 U.S.C. 5507) is amended by adding at the end the following new
subsection:
``(f) Amounts appropriated for any fiscal year for the House of
Representatives under the heading `House Leadership Offices' may be
transferred among and merged with the various offices and activities
under such heading, effective upon the expiration of the 21-day period
(or such alternative period that may be imposed by the Committee on
Appropriations of the House of Representatives) which begins on the
date such Committee has been notified of the transfer.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2019 and each succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$11,169,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,740,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned to
the Office of the Attending Physician, which shall be advanced
and credited to the applicable appropriation or appropriations
from which such salaries, allowances, and other expenses are
payable and shall be available for all the purposes thereof,
$3,798,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,486,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $371,483,000 of which overtime
shall not exceed $43,668,000 unless the Committee on Appropriations of
the House and Senate are notified, to be disbursed by the Chief of the
Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation
of instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $81,554,000, to be
disbursed by the Chief of the Capitol Police or his designee:
Provided, That, notwithstanding any other provision of law, the cost of
basic training for the Capitol Police at the Federal Law Enforcement
Training Center for fiscal year 2019 shall be paid by the Secretary of
Homeland Security from funds available to the Department of Homeland
Security.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability Act of
1995 (2 U.S.C. 1385), $6,332,670, of which $900,000 shall remain
available until September 30, 2020: Provided, That not more than $500
may be expended on the certification of the Executive Director of the
Office of Compliance in connection with official representation and
reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $50,295,000: Provided, that the Director shall use not less
than $500,000 of the amount made available under this heading for (1)
improving technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to Members
of Congress, employees of Members of Congress, and the public, and (2)
to increase the availability of models, economic assumptions, and data
for Members of Congress, employees of Members of Congress, and the
public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation
expenses, to be expended as the Architect of the Capitol may approve,
and not more than $5,000 that shall be used by the Architect of the
Capitol to work with contractors to eliminate or reduce the use of
plastic straws in facilities of the legislative branch that are under
the care of the Architect of the Capitol; for purchase or exchange,
maintenance, and operation of a passenger motor vehicle, $101,381,903.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $39,318,335, of which $12,981,000 shall remain
available until September 30, 2023.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $16,160,439, of which $5,019,000 shall remain
available until September 30, 2023.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $187,098,000, of which $127,552,000
shall remain available until September 30, 2023, and of which
$62,000,000 shall remain available until expended for the restoration
and renovation of the Cannon House Office Building; Provided, That of
the amount made available under this heading, $7,000,000 shall be
derived by transfer from the House Office Building Fund established
under section 176(d) of the Continuing Appropriations Act, 2017, as
added by section 101(3) of the Further Continuing Appropriation Act,
2017 (Public Law 114-254; 2 U.S.C. 2001 note).
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available until
expended.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be
expended under the control and supervision of the Architect of the
Capitol, $92,918,081, of which $31,162,000 shall remain available until
September 30, 2023.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $97,827,258, of which $15,286,617 shall remain available
until September 30, 2023: Provided, That not more than $9,000,000 of
the funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2019.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$64,125,666, of which $36,254,000 shall remain available until
September 30, 2023.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $54,680,047, of which
$28,777,000 shall remain available until September 30, 2023.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $14,559,589, of which $3,559,000 shall
remain available until September 30, 2023: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established
under section 307E of the Legislative Branch Appropriations Act, 1989
(2 U.S.C. 2146), upon vouchers approved by the Architect of the Capitol
or a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $23,054,946.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 140. None of the funds made available in this Act for the
Architect of the Capitol may be used to make incentive or award
payments to contractors for work on contracts or programs for which the
contractor is behind schedule or over budget, unless the Architect of
the Capitol, or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program.
scrims
Sec. 141. None of the funds made available by this Act may be used
for scrims containing photographs of building facades during
restoration or construction projects performed by the Architect of the
Capitol.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and
maintenance of the American Folklife Center in the Library; preparation
and distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and expenses
of the Library of Congress Trust Fund Board not properly chargeable to
the income of any trust fund held by the Board, $474,429,000, of which
not more than $6,000,000 shall be derived from collections credited to
this appropriation during fiscal year 2019, and shall remain available
until expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat.
480; 2 U.S.C. 150): Provided, That the Library of Congress may not
obligate or expend any funds derived from collections under the Act of
June 28, 1902, in excess of the amount authorized for obligation or
expenditure in appropriations Acts: Provided further, That the total
amount available for obligation shall be reduced by the amount by which
collections are less than $6,000,000: Provided further, That of the
total amount appropriated, not more than $12,000 may be expended, on
the certification of the Librarian of Congress, in connection with
official representation and reception expenses for the Overseas Field
Offices: Provided further, That of the total amount appropriated,
$8,855,000 shall remain available until expended for the digital
collections and educational curricula program: Provided further, That
of the total amount appropriated, $1,318,000 shall remain available
until expended for upgrade of the Legislative Branch Financial
Management System: Provided further, That of the total amount
appropriated, $250,000 shall remain available until expended for the
Surplus Books Program to promote the program and facilitate a greater
number of donations to eligible entities across the United States:
Provided further, That of the total amount appropriated, $2,383,000
shall remain available until expended for the Veterans History Project
to continue digitization efforts of already collected materials, reach
a greater number of veterans to record their stories, and promote
public access to the Project.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $92,462,000, of
which not more than $39,218,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2019 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess of the
amount authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $6,272,000 shall be derived from
collections during fiscal year 2019 under sections 111(d)(2),
119(b)(3), 803(e), 1005, and 1316 of such title: Provided further,
That the total amount available for obligation shall be reduced by the
amount by which collections are less than $45,490,000: Provided
further, That $4,328,000 shall be derived from prior year unobligated
balances: Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an ``International
Copyright Institute'' in the Copyright Office of the Library of
Congress for the purpose of training nationals of developing countries
in intellectual property laws and policies: Provided further, That not
more than $6,500 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and reception
expenses for activities of the International Copyright Institute and
for copyright delegations, visitors, and seminars: Provided further,
That, notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $123,828,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication,
or preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress unless such
publication has obtained prior approval of either the Committee on
House Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate: Provided further, That this
prohibition does not apply to publication of non-confidential
Congressional Research Service (CRS) products: Provided further, That
a non-confidential CRS product includes any written product containing
research or analysis that is currently available for general
congressional access on the CRS Congressional Intranet, or that would
be made available on the CRS Congressional Intranet in the normal
course of business and does not include material prepared in response
to Congressional requests for confidential analysis or research.
Books for the Blind and Physically Handicapped
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $52,521,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 150. (a) In General.--For fiscal year 2019, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $194,608,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing of
Government publications authorized by law to be distributed to Members
of Congress; and publishing, and distribution of Government
publications authorized by law to be distributed without charge to the
recipient, $79,000,000: Provided, That this appropriation shall not be
available for paper copies of the permanent edition of the
Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of title 44,
United States Code: Provided further, That this appropriation shall be
available for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation under
section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act for
printing and binding and related services provided to Congress under
chapter 7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on
the date that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code: Provided
further, That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act for
this fiscal year may be transferred to, and merged with, funds under
the heading ``Government Publishing Office Business Operations
Revolving Fund'' no later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated, to be available for carrying out the
purposes of this heading, subject to the approval of the Committee on
Appropriations of the House of Representatives and the Senate:
Provided further, That notwithstanding sections 901, 902, and 906 of
title 44, United States Code, this appropriation may be used to prepare
indexes to the Congressional Record on only a monthly and session
basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications and their distribution to the
public, Members of Congress, other Government agencies, and designated
depository and international exchange libraries as authorized by law,
$32,000,000: Provided, That amounts of not more than $2,000,000 from
current year appropriations are authorized for producing and
disseminating Congressional serial sets and other related publications
for fiscal years 2017 and 2018 to depository and other designated
libraries: Provided further, That unobligated or unexpended balances
of expired discretionary funds made available under this heading in
this Act for this fiscal year may be transferred to, and merged with,
funds under the heading ``Government Publishing Office Business
Operations Revolving Fund'' no later than the end of the fifth fiscal
year after the last fiscal year for which such funds are available for
the purposes for which appropriated, to be available for carrying out
the purposes of this heading, subject to the approval of the Committee
on Appropriations of the House of Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $6,000,000, to remain available until expended, for
information technology development and facilities repair: Provided,
That the Government Publishing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Publishing Office Business Operations Revolving Fund:
Provided further, That not more than $7,500 may be expended on the
certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses:
Provided further, That the Business Operations Revolving Fund shall be
available for the hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection with
travel expenses of the advisory councils to the Director of the
Government Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further, That the
Business Operations Revolving Fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level V of the Executive Schedule
under section 5316 of such title: Provided further, That activities
financed through the Business Operations Revolving Fund may provide
information in any format: Provided further, That the Business
Operations Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of Documents'' may
not be used for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with
official representation and reception expenses; temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor vehicle;
advance payments in foreign countries in accordance with section 3324
of title 31, United States Code; benefits comparable to those payable
under sections 901(5), (6), and (8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
the Comptroller General of the United States, rental of living quarters
in foreign countries, $589,749,653: Provided further, That, in
addition, $35,900,000 of payments received under sections 782, 791,
3521, and 9105 of title 31, United States Code, shall be available
without fiscal year limitation: Provided further, That this
appropriation and appropriations for administrative expenses of any
other department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental Audit
Forum shall be available to finance an appropriate share of either
Forum's costs as determined by the respective Forum, including
necessary travel expenses of non-Federal participants: Provided
further, That payments hereunder to the Forum may be credited as
reimbursements to any appropriation from which costs involved are
initially financed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$5,600,000: Provided, That funds made available to support Russian
participants shall only be used for those engaging in free market
development, humanitarian activities, and civic engagement, and shall
not be used for officials of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2
U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2019 unless
expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat.
32 et seq.) is appropriated for or the rate of compensation or
designation of any office or position appropriated for is different
from that specifically established by such Act, the rate of
compensation and the designation in this Act shall be the permanent law
with respect thereto: Provided, That the provisions in this Act for
the various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall be the
permanent law with respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, under section 3109
of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating legislative branch entities (in such
allocations among the entities as the entities may determine) may not
exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of
Congress and other offices of the House of Representatives and Senate,
unless through regulations as authorized by section 402(b)(8) of the
Capitol Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise made
available under this Act may be used to acquire telecommunications
equipment produced by Huawei Technologies Company, ZTE Corporation or a
high-impact or moderate-impact information system, as defined for
security categorization in the National Institute of Standards and
Technology's (NIST) Federal Information Processing Standard Publication
199, ``Standards for Security Categorization of Federal Information and
Information Systems'' unless the agency, office, or other entity
acquiring the equipment or system has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform
acquisition decisions for high-impact and moderate-impact
information systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity, conducted an
assessment of any risk of cyber-espionage or sabotage
associated with the acquisition of such system, including any
risk associated with such system being produced, manufactured,
or assembled by one or more entities identified by the United
States Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or subsidized by
the People's Republic of China, the Islamic Republic of Iran,
the Democratic People's Republic of Korea, or the Russian
Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such system is
in the vital national security interest of the United States;
and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the system intended for acquisition
and a detailed description of the mitigation strategies
identified in (1), provided that such report may include a
classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities or other official government
activities.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2019''.
DIVISION C--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
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, 2019, 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, $1,021,768,000, to remain
available until September 30, 2023: Provided, That, of this amount,
not to exceed $110,068,000 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.
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, $2,222,522,000, to remain available until September 30,
2023: Provided, That, of this amount, not to exceed $185,542,000 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.
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, $1,495,423,000, to remain available until September 30, 2023:
Provided, That, of this amount, not to exceed $206,577,000 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.
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,
$2,575,938,000, to remain available until September 30, 2023:
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 $195,345,000 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.
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, $190,122,000, to remain available until September
30, 2023: Provided, That, of the amount, not to exceed $16,622,000
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, $139,126,000, to remain available until September
30, 2023: Provided, That, of the amount, not to exceed $18,500,000
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, $64,919,000, to
remain available until September 30, 2023: Provided, That, of the
amount, not to exceed $5,855,000 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.
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, $43,065,000, to remain available until September
30, 2023: Provided, That, of the amount, not to exceed $4,695,000
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.
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, $50,163,000, to
remain available until September 30, 2023: Provided, That, of the
amount, not to exceed $4,055,000 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.
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, $171,064,000, 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), $277,538,000, 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, $330,660,000, to remain available
until September 30, 2023.
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, $376,509,000.
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, $104,581,000, to
remain available until September 30, 2023.
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, $314,536,000.
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, $78,446,000, to remain available
until September 30, 2023.
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, $317,274,000.
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, $58,373,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$1,653,000, 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, $600,000, 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 shall inform the appropriate
committees of both Houses of Congress, including 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 department 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 expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, 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 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 medium 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'' 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: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
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, military
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 transferred.
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 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 general or flag officer quarters
without 30 days prior notification, 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 remediation 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 annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations 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 obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency 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 transferred.
Sec. 122. 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 Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 123. 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 Cemetery.
Sec. 124. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2023:
``Military Construction, Army'', $77,600,000;
``Military Construction, Navy and Marine Corps'',
$244,400,000, of which $10,000,000 is for planning and design;
``Military Construction, Air Force'', $118,516,000, of
which $22,316,000 is for planning and design;
``Military Construction, Army National Guard'',
$22,000,000;
``Military Construction, Air National Guard'', $11,100,000,
for planning and design;
``Military Construction, Army Reserve'', $10,000,000; and
``Military Construction, Air Force Reserve'', $14,400,000,
of which $5,000,000 is for planning and design:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's unfunded priority list for fiscal year 2019 submitted to
Congress: Provided further, That such projects are subject to
authorization prior to obligation and expenditure of funds to carry out
construction: Provided further, That not later than 30 days after
enactment of this Act, the Secretary of the military department
concerned, or his or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
(rescissions of funds)
Sec. 125. Of the unobligated balances available to the Department
of Defense from prior appropriation Acts, the following funds are
hereby rescinded from the following accounts in the amounts specified:
``Military Construction, Air Force'', $31,158,000;
``Military Construction, Army National Guard'',
$10,000,000; and
``Family Housing Construction, Navy and Marine Corps'',
$2,138,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Sec. 126. For the purposes of this Act, the term ``congressional
defense committees'' means the Committees on Armed Services of the
House of Representatives and the Senate, the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of
the Senate, and the Subcommittee on Military Construction and Veterans
Affairs of the Committee on Appropriations of the House of
Representatives.
Sec. 127. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 128. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to consolidate or relocate any element of a United States
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
Engineer (RED HORSE) outside of the United States until the Secretary
of the Air Force (1) completes an analysis and comparison of the cost
and infrastructure investment required to consolidate or relocate a RED
HORSE squadron outside of the United States versus within the United
States; (2) provides to the Committees on Appropriations of both Houses
of Congress (``the Committees'') a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees that the
preferred site for the consolidation or relocation yields the greatest
savings for the Air Force: Provided, That the term ``United States''
in this section does not include any territory or possession of the
United States.
Sec. 129. Notwithstanding section 123 of this Act, for an
additional amount for ``Military Construction, Army'' in this title,
$30,000,000, to remain available until expended, is provided for
completion of the Defense Access Roads project and land acquisition for
Arlington National Cemetery as authorized by section 2101 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92) and section 2829A of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328): Provided, That such funds shall
be in addition to any other funds made available in this or prior year
Acts for such purposes, including funds made available by section 132
of the Military Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2016 (Public Law 114-113).
Sec. 130. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of Defense--
Military Construction, Navy and Marine Corps'', ``Department of
Defense--Military Construction, Air Force'', and ``Department of
Defense--Military Construction, Defense-Wide'' accounts pursuant to the
authorization of appropriations in a National Defense Authorization Act
specified for fiscal year 2019 in the funding table in section 4601 of
that Act shall be immediately available and allotted to contract for
the full scope of authorized projects.
report on cell site simulators detected near facilities of the
department of defense
Sec. 131. The Secretary of Defense shall submit to the
congressional defense committees a full accounting of cell site
simulators detected near facilities of the Department of Defense during
the three year period ending on the date of the enactment of this Act
and the actions taken by the Secretary to protect personnel of the
Department, their families, and facilities of the Department from
foreign powers using such technology to conduct surveillance.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$108,530,139,000, to remain available until expended, of which
$107,119,807,000 shall become available on October 1, 2019: Provided,
That not to exceed $18,047,000 of the amount made available for fiscal
year 2020 under this heading shall be reimbursed to ``General Operating
Expenses, Veterans Benefits Administration'', and ``Information
Technology Systems'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United States Code,
the funding source for which is specifically provided as the
``Compensation and Pensions'' appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall
be reimbursed to ``Medical Care Collections Fund'' to augment the
funding of individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$14,065,282,000, to remain available until expended and to become
available on October 1, 2019: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $111,340,000, which shall become
available on October 1, 2019, and shall remain available until
expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2019, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $200,612,000.
vocational rehabilitation loans program account
For the cost of direct loans, $39,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds
made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,037,366.
In addition, for administrative expenses necessary to carry out the
direct loan program, $396,000, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,163,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $2,956,316,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That, of the funds
made available under this heading, not to exceed 10 percent shall
remain available until September 30, 2020.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, aid to State homes as authorized by
section 1741 of title 38, United States Code, assistance and support
services for caregivers as authorized by section 1720G of title 38,
United States Code, loan repayments authorized by section 604 of the
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance
allowances authorized by section 322(d) of title 38, United States
Code, grants authorized by section 521A of title 38, United States
Code, and administrative expenses necessary to carry out sections
322(d) and 521A of title 38, United States Code, and hospital care and
medical services authorized by section 1787 of title 38, United States
Code; $750,000,000, which shall be in addition to funds previously
appropriated under this heading that become available on October 1,
2018; and, in addition, $51,411,165,000, plus reimbursements, shall
become available on October 1, 2019, and shall remain available until
September 30, 2020: Provided, That, of the amount made available on
October 1, 2019, under this heading, $1,500,000,000 shall remain
available until September 30, 2021: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
give priority funding for the provision of basic medical benefits to
veterans in enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements established
by the Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no additional
cost to the Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading for medical supplies and equipment are
available for the acquisition of prosthetics designed specifically for
female veterans.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $1,000,000,000, which shall be in addition to
funds previously appropriated under this heading that become available
on October 1, 2018; and, in addition, $10,758,399,000, plus
reimbursements, shall become available on October 1, 2019, and shall
remain available until September 30, 2020: Provided, That, of the
amount made available on October 1, 2019, under this heading,
$2,000,000,000 shall remain available until September 30, 2021.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$7,239,156,000, plus reimbursements, shall become available on October
1, 2019, and shall remain available until September 30, 2020:
Provided, That, of the amount made available on October 1, 2019, under
this heading, $100,000,000 shall remain available until September 30,
2021.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $211,000,000, which shall be
in addition to funds previously appropriated under this heading that
become available on October 1, 2018; and, in addition, $6,141,880,000,
plus reimbursements, shall become available on October 1, 2019, and
shall remain available until September 30, 2020: Provided, That, of
the amount made available on October 1, 2019, under this heading,
$250,000,000 shall remain available until September 30, 2021.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $779,000,000, plus reimbursements, shall
remain available until September 30, 2020: Provided, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading are available for prosthetic research
specifically for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $315,836,000, of which not to exceed 10
percent shall remain available until September 30, 2020.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $365,976,000, of which not to exceed 10
percent shall remain available until September 30, 2020: Provided,
That funds provided under this heading may be transferred to ``General
Operating Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$174,748,000, of which not to exceed 10 percent shall remain available
until September 30, 2020.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$4,184,571,000, plus reimbursements: Provided, That $1,243,220,000
shall be for pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2020: Provided further,
That $2,560,780,000 shall be for operations and maintenance, of which
not to exceed 5 percent shall remain available until September 30,
2020: Provided further, That $380,571,000 shall be for information
technology systems development, and shall remain available until
September 30, 2020: Provided further, That amounts made available for
salaries and expenses, operations and maintenance, and information
technology systems development may be transferred among the three
subaccounts after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued: Provided further, That
amounts made available for the ``Information Technology Systems''
account for development may be transferred among projects or to newly
defined projects: Provided further, That no project may be increased
or decreased by more than $1,000,000 of cost prior to submitting a
request to the Committees on Appropriations of both Houses of Congress
to make the transfer and an approval is issued, or absent a response, a
period of 30 days has elapsed: Provided further, That the funds made
available under this heading for information technology systems
development shall be for the projects, and in the amounts, specified
under this heading in the report accompanying this Act.
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans
Electronic Health Record system, including contractual costs associated
with operations authorized by section 3109 of title 5, United States
Code, and salaries and expenses of employees hired under titles 5 and
38, United States Code, $800,000,000, to remain available until
September 30, 2020: Provided, That the Secretary of Veterans Affairs
shall submit to the Committees on Appropriations of both Houses of
Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility: Provided further, That the
funds provided in this account shall only be available to the Office of
the Deputy Secretary, to be administered by that Office.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $192,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2020.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $1,127,486,000, of which
$647,486,000 shall remain available until September 30, 2023, and of
which $480,000,000 shall remain available until expended, of which
$400,000,000 shall be available for seismic improvement projects and
seismic program management activities: Provided, That except for
advance planning activities, including needs assessments which may or
may not lead to capital investments, and other capital asset management
related activities, including portfolio development and management
activities, and investment strategy studies funded through the advance
planning fund and the planning and design activities funded through the
design fund, including needs assessments which may or may not lead to
capital investments, and salaries and associated costs of the resident
engineers who oversee those capital investments funded through this
account and contracting officers who manage specific major construction
projects, and funds provided for the purchase, security, and
maintenance of land for the National Cemetery Administration through
the land acquisition line item, none of the funds made available under
this heading shall be used for any project that has not been notified
to Congress through the budgetary process or that has not been approved
by the Congress through statute, joint resolution, or in the
explanatory statement accompanying such Act and presented to the
President at the time of enrollment: Provided further, That funds made
available under this heading for fiscal year 2019, for each approved
project shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2019; and (2) by the awarding of a
construction contract by September 30, 2020: Provided further, That
the Secretary of Veterans Affairs shall promptly submit to the
Committees on Appropriations of both Houses of Congress a written
report on any approved major construction project for which obligations
are not incurred within the time limitations established above.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$706,889,000, to remain available until September 30, 2023, along with
unobligated balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds made available under this heading
shall be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
grants for construction of
state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $150,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2019 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2019, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers
among the ``Medical Services'', ``Medical Community Care'', and
``Medical Support and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may take place
only after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to or from
the ``Medical Facilities'' account may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2018.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2019, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2019 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2019 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, the Office of Employment
Discrimination Complaint Adjudication, the Office of Accountability and
Whistleblower Protection, and the Office of Diversity and Inclusion for
all services provided at rates which will recover actual costs but not
to exceed $48,431,000 for the Office of Resolution Management,
$4,333,000 for the Office of Employment Discrimination Complaint
Adjudication, $17,700,000 for the Office of Accountability and
Whistleblower Protection, and $3,230,000 for the Office of Diversity
and Inclusion: Provided, That payments may be made in advance for
services to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems'' accounts for
use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State of
Alaska and Indian tribes and tribal organizations which are party to
the Alaska Native Health Compact with the Indian Health Service, to
provide healthcare, including behavioral health and dental care, to
veterans in rural Alaska. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska''
shall mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2019 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2019 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $301,578,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress: Provided further, That section 220 of title II of division J
of Public Law 115-141 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2019, for
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $307,609,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2573), amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund
shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000
shall be transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States Code, to
remain available until expended, for any purpose authorized by section
8111 of title 38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace the
current system by which the Veterans Integrated Service Networks select
and contract for diabetes monitoring supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in a major construction project that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is
less: Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 225. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report containing performance measures and data from each Veterans
Benefits Administration Regional Office: Provided, That, at a minimum,
the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number
of appeals pending at the Veterans Benefits Administration as well as
the Board of Veterans Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $2,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans Health
Administration, may transfer to the ``Medical Services'' account any
discretionary appropriations made available for fiscal year 2019 in
this title (except appropriations made to the ``General Operating
Expenses, Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of Veterans
Affairs, including those appropriated for fiscal year 2019, that were
provided in advance by appropriations Acts: Provided, That transfers
shall be made only with the approval of the Office of Management and
Budget: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided by law:
Provided further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
authority to transfer may not be used unless for higher priority items,
based on emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back
to that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of Veterans
Affairs for fiscal year 2019, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits
Administration'' accounts may be transferred between such accounts:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and receive
approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38,
United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum,
or other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a study on
the effectiveness of the hotline specified in subsection (a) during the
five-year period beginning on January 1, 2016, based on an analysis of
national suicide data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall--
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue receiving,
mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. None of the funds in this or any other Act may be used
to close Department of Veterans Affairs (VA) hospitals, domiciliaries,
or clinics, conduct an environmental assessment, or to diminish
healthcare services at existing Veterans Health Administration medical
facilities located in Veterans Integrated Service Network 23 as part of
a planned realignment of VA services until the Secretary provides to
the Committees on Appropriations of both Houses of Congress a report
including the following elements:
(1) a national realignment strategy that includes a
detailed description of realignment plans within each Veterans
Integrated Services Network (VISN), including an updated Long
Range Capital Plan to implement realignment requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned
realignment, including the cost of replacing Veterans Health
Administration services with contract care or other outsourced
services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in
rural or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings' condition
and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation Act;
and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in
VISN 23, or any other VISN, which have been authorized or
approved by Congress.
Sec. 234. None of the funds made available to the Secretary of
Veterans Affairs by this or any other Act may be obligated or expended
in contravention of the ``Veterans Health Administration Clinical
Preventive Services Guidance Statement on the Veterans Health
Administration's Screening for Breast Cancer Guidance'' published on
May 10, 2017, as issued by the Veterans Health Administration National
Center for Health Promotion and Disease Prevention.
Sec. 235. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum on
the subject of ``Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members'' issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such a
member except that--
(A) the time periods regarding embryo
cryopreservation and storage set forth in part III(G)
and in part IV(H) of such memorandum shall not apply;
and
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under the
same terms as apply under the adoption reimbursement program of
the Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the reimbursement limits
and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2018 (Public Law 115-141).
(rescission of funds)
Sec. 236. Of the funds made available for fiscal year 2019 under
the heading ``Department of Veterans Affairs--Veterans Health
Administration--Medical Support and Compliance'' in title II of
division J of the Consolidated Appropriations Act, 2018 (Public Law
115-141), $211,000,000 is hereby rescinded.
Sec. 237. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 238. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 239. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense and
the Secretary of Labor, shall discontinue using Social Security account
numbers to identify individuals in all information systems of the
Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than 5 years after the
date of the enactment of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this Act.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of
the Department of Veterans Affairs if and only if the use of such
number is required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
Sec. 240. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2019 and 2020 for ``Medical Services'', section
239 of Division A of Public Law 114-223 shall apply.
Sec. 241. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 242. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2019 and fiscal year 2020 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 243. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2019 and 2020, section 248 of Division A of
Public Law 114-223 shall apply.
Sec. 244. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38,
United States Code, does not exceed 125 veterans to one full-time
employment equivalent.
(b) Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the programs of
rehabilitation conducted under chapter 31 of title 38, United States
Code, including--
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff ratio for
each such program.
Sec. 245. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute or
claim with an individual that would restrict in any way the individual
from speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national defense
or the conduct of foreign affairs.
Sec. 246. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2019 and 2020, section 258 of Division A of
Public Law 114-223 shall apply.
Sec. 247. None of the funds appropriated or otherwise made
available by this Act may be used to conduct research using canines
unless: the scientific objectives of the study can only be met by
research with canines; the study has been directly approved by the
Secretary; and the study is consistent with the revised Department of
Veterans Affairs canine research policy document released on December
18, 2017: Provided, That not later than 180 days after enactment of
this Act, the Secretary shall submit to the Committees on
Appropriations of both Houses of Congress a detailed report outlining
under what circumstances canine research may be needed if there are no
other alternatives, how often it was used during that time period, and
what protocols are in place to determine both the safety and efficacy
of the research.
Sec. 248. For an additional amount for the Department of Veterans
Affairs, $2,000,000,000 to remain available until expended, for
infrastructure improvements, including new construction, and in
addition to amounts otherwise made available in this Act for such
purpose, of which:
(1) $1,000,000,000 shall be for ``Veterans Health
Administration--Medical Facilities'' to be used for non-
recurring maintenance;
(2) $500,000,000 shall be for ``Departmental
Administration--Construction, Minor Projects''; and
(3) $500,000,000 shall be for ``Departmental
Administration--Construction, Major Projects'':
Provided, That the additional amounts appropriated for the purposes
of non-recurring maintenance and minor construction may be used to
carry out critical life-safety projects identified in the Department's
annual facility condition assessments; sustainment projects;
modernization projects; infrastructure repair; renovations at existing
Veterans Health Administration medical centers and outpatient clinics;
and projects included in the Strategic Capital Investment Process plan:
Provided further, That, of the funds made available under this section
for ``Construction, Major Projects'', $300,000,000 shall be available
for previously authorized and partially funded major construction
projects, and $200,000,000 shall be available for seismic improvement
projects and seismic program management activities: Provided further,
That the additional amounts appropriated under this section may not be
obligated or expended until the Secretary of Veterans Affairs submits
to the Committees on Appropriations of both Houses of Congress, and
such Committees approve, a detailed expenditure plan, including project
descriptions and costs, for any non-recurring maintenance, minor
construction, major construction, or seismic improvement project being
funded with the additional amounts made available in this
administrative provision.
Sec. 249. None of the funds appropriated or otherwise made
available to the Department of Veterans Affairs in this Act may be used
in a manner that would--
(1) interfere with the ability of a veteran to participate
in a medicinal marijuana program approved by a State;
(2) deny any services from the Department to a veteran who
is participating in such a program; or
(3) limit or interfere with the ability of a health care
provider of the Department to make appropriate recommendations,
fill out forms, or take steps to comply with such a program.
inspectors general
Sec. 250. (a) Prohibition on Use of Funds.--None of the funds
appropriated or otherwise made available by this Act may be used to
deny an Inspector General funded under this Act timely access to any
records, documents, or other materials available to the department or
agency of the United States Government over which such Inspector
General has responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.), or to prevent or impede the access of such Inspector
General to such records, documents, or other materials, under any
provision of law, except a provision of law that expressly refers to
such Inspector General and expressly limits the right of access of such
Inspector General.
(b) Timely Access.--A department or agency covered by this section
shall provide its Inspector General access to all records, documents,
and other materials in a timely manner.
(c) Compliance.--Each Inspector General covered by this section
shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Report.--Each Inspector General covered by this section shall
report to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives within 5
calendar days of any failure by any department or agency covered by
this section to comply with this section.
Sec. 251. None of the funds made available by this Act may be used
by the Secretary of Veterans Affairs to transfer funds made available
for the following programs:
(1) The Homeless Providers Grant and Per Diem program.
(2) The Domiciliary Care for Homeless Veterans program.
(3) The Supportive Services for Veteran Families program.
(4) The Department of Housing and Urban Development
Department of Veterans Affairs Supported Housing (HUD-VASH)
programs.
(5) The Health Care for Homeless Veterans program.
report on caregiver support program
Sec. 252. Not later than 90 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to the
Committee on Appropriations and the Committee on Veterans' Affairs of
the Senate and the Committee on Appropriations and the Committee on
Veterans' Affairs of the House of Representatives a report that
contains--
(1) the number of coordinators of caregiver support
services under the program of support services for caregivers
of veterans under section 1720G(b) of title 38, United States
Code, at each medical center of the Department of Veterans
Affairs;
(2) the number of staff assigned to appeals for such
program at each such medical center; and
(3) a determination by the Secretary of the appropriate
staff-to-participant ratio for such program.
establishment of center of excellence in prevention, diagnosis,
mitigation, treatment, and rehabilitation of health conditions relating
to exposure to burn pits and other environmental exposures
Sec. 253. (a) In General.--Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 7330D. Center of excellence in prevention, diagnosis,
mitigation, treatment, and rehabilitation of health
conditions relating to exposure to burn pits and other
environmental exposures
``(a) Establishment.--(1) The Secretary shall establish within the
Department a center of excellence in the prevention, diagnosis,
mitigation, treatment, and rehabilitation of health conditions relating
to exposure to burn pits and other environmental exposures to carry out
the responsibilities specified in subsection (d).
``(2) The Secretary shall establish the center of excellence under
paragraph (1) through the use of--
``(A) the directives and policies of the Department in
effect as of the date of the enactment of this section;
``(B) the recommendations of the Comptroller General of the
United States and Inspector General of the Department in effect
as of such date; and
``(C) guidance issued by the Secretary of Defense under
section 313 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1074 note).
``(b) Selection of Site.--In selecting the site for the center of
excellence established under subsection (a), the Secretary shall
consider entities that--
``(1) are equipped with the specialized equipment needed to
study, diagnose, and treat health conditions relating to
exposure to burn pits and other environmental exposures;
``(2) have a track record of publishing information
relating to post-deployment health exposures among veterans who
served in the Armed Forces in support of Operation Iraqi
Freedom and Operation Enduring Freedom;
``(3) have access to animal models and in vitro models of
dust immunology and lung injury consistent with the injuries of
members of the Armed Forces who served in support of Operation
Iraqi Freedom and Operation Enduring Freedom; and
``(4) have expertise in allergy, immunology, and pulmonary
diseases.
``(c) Collaboration.--The Secretary shall ensure that the center of
excellence collaborates, to the maximum extent practicable, with the
Secretary of Defense, institutions of higher education, and other
appropriate public and private entities (including international
entities) to carry out the responsibilities specified in subsection
(d).
``(d) Responsibilities.--The center of excellence shall have the
following responsibilities:
``(1) To provide for the development, testing, and
dissemination within the Department of best practices for the
treatment of health conditions relating to exposure to burn
pits and other environmental exposures.
``(2) To provide guidance for the health systems of the
Department and the Department of Defense in determining the
personnel required to provide quality health care for members
of the Armed Forces and veterans with health conditions
relating to exposure to burn pits and other environmental
exposures.
``(3) To establish, implement, and oversee a comprehensive
program to train health professionals of the Department and the
Department of Defense in the treatment of health conditions
relating to exposure to burn pits and other environmental
exposures.
``(4) To facilitate advancements in the study of the short-
term and long-term effects of exposure to burn pits and other
environmental exposures.
``(5) To disseminate within medical facilities of the
Department best practices for training health professionals
with respect to health conditions relating to exposure to burn
pits and other environmental exposures.
``(6) To conduct basic science and translational research
on health conditions relating to exposure to burn pits and
other environmental exposures for the purposes of understanding
the etiology of such conditions and developing preventive
interventions and new treatments.
``(7) To provide medical treatment to veterans diagnosed
with medical conditions specific to exposure to burn pits and
other environmental exposures.
``(e) Use of Burn Pits Registry Data.--In carrying out its
responsibilities under subsection (d), the center of excellence shall
have access to and make use of the data accumulated by the burn pits
registry established under section 201 of the Dignified Burial and
Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260;
38 U.S.C. 527 note).
``(f) Funding.--The Secretary shall carry out this section using
amounts appropriated to the Department for such purpose.
``(g) Definitions.--In this section:
``(1) The term `burn pit' means an area of land located in
Afghanistan or Iraq that--
``(A) is designated by the Secretary of Defense to
be used for disposing solid waste by burning in the
outdoor air; and
``(B) does not contain a commercially manufactured
incinerator or other equipment specifically designed
and manufactured for the burning of solid waste.
``(2) The term `other environmental exposures' means
exposure to environmental hazards, including burn pits, dust or
sand, hazardous materials, and waste at any site in Afghanistan
or Iraq that emits smoke containing pollutants present in the
environment or smoke from fires or explosions.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by inserting after the item
relating to section 7330C the following new item:
``7330D. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of health
conditions relating to exposure to burn
pits and other environmental exposures.''.
plan to avoid clinical mistakes by employees of the department of
veterans affairs that result in adverse events that require certain
disclosures
Sec. 254. (a) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
submit to the appropriate committees of Congress a plan to reduce the
chances that clinical mistakes by employees of the Department of
Veterans Affairs will result in adverse events that require
institutional or clinical disclosures and to prevent any unnecessary
hardship for patients and families impacted by such adverse events.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) A description of a process for the timely
identification of individuals impacted by disclosures described
in subsection (a) and the process for contacting those
individuals or their next of kin.
(2) A description of procedures for expediting any remedial
or follow-up care required for those individuals.
(3) A detailed outline of proposed changes to the process
of the Department for clinical quality checks and oversight.
(4) A communication plan to ensure all facilities of the
Department are made aware of any requirements updated pursuant
to the plan.
(5) A timeline detailing the implementation of the plan.
(6) An identification of the senior executive of the
Department responsible for ensuring compliance with the plan.
(7) An identification of potential impacts of the plan on
timely diagnoses for patients.
(8) An identification of the processes and procedures for
employees of the Department to make leadership at the facility
and the Department aware of adverse events that are concerning
and that result in disclosures and to ensure that the medical
impact on veterans of such disclosures is minimized.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the House of
Representatives.
tracking and monitoring information about debts to united states
incurred from overpayment by department of veterans affairs or for
other reasons
Sec. 255. (a) In General.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
develop a means to track and monitor information on--
(1) the age and amount of debts of persons to the United
States by virtue of the persons' participation in a benefits
program administered by the Secretary of Veterans Affairs;
(2) whether such debts may be the result of delays in
Department of Veterans Affairs processing of changes to
beneficiary status or other actions of the Department; and
(3) whether such debts are disputed by such persons.
(b) Report.--The Department should also be required to submit a
report to congress no later than 90 days after development of the
tracking means (so, 270 days after enactment).
publication of quality rating of nursing homes of the department of
veterans affairs
Sec. 256. (a) In General.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than annually
thereafter, the Secretary of Veterans Affairs shall submit to the
appropriate committees of Congress and publish in the Federal Register
and on a publicly available Internet website of the Department of
Veterans Affairs the rating assigned by the Department to each nursing
home of the Department with respect to quality of care, including all
internal metrics and criteria used in determining such rating.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Appropriations and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Appropriations and the Committee on
Veterans' Affairs of the House of Representatives.
Sec. 257. The Inspector General of the Department of Veterans
Affairs shall conduct an investigation of all nursing homes of the
Department of Veterans Affairs that had an overall one-star rating
within the two full calendar years prior to the year of enactment, as
determined by the rating system of the Department.
Sec. 258. None of the funds made available in this Act may be used
in a manner that would increase wait times for veterans who seek care
at medical facilities of the Department of Veterans Affairs.
Sec. 259. None of the funds made available by this Act may be used
by the Department of Veterans Affairs for the modernization or
realignment of facilities of the Veterans Health Administration in
States in which the Department does not operate a full-service medical
facility pursuant to recommendations by the Asset and Infrastructure
Review Commission under the VA Asset and Infrastructure Review Act of
2018 (subtitle A of title II of Public Law 115-182) until the Secretary
of Veterans Affairs submits to the Committee on Veterans' Affairs of
the Senate, the Committee on Veterans' Affairs of the House of
Representatives, and the Commission a report certifying that such
modernization or realignment will not result in a disruption or
reduction of services for veterans residing in those States.
limitation on conversion of funds for program to improve retention of
housing by formerly homeless veterans and veterans at risk of becoming
homeless
Sec. 260. The Secretary of Veterans Affairs may not convert any of
the amounts appropriated or otherwise made available in a fiscal year
to carry out section 2013 of title 38, United States Code, from a
specific purpose program to a general purpose program unless the
Secretary included a proposal to do so in the budget justification
materials submitted to Congress in support of the Department of
Veterans Affairs budget for such fiscal year (as submitted with the
budget of the President for such fiscal year under section 1105(a) of
title 31, United States Code).
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $42,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $81,000,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $34,955,000: Provided, That
$2,580,000 shall be available for the purpose of providing financial
assistance as described and in accordance with the process and
reporting procedures set forth under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $80,800,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2021. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $56,600,000, to remain available until expended, for planning
and design and construction associated with the Southern Expansion
project at Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $64,300,000, of which $1,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the Treasury
to the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established
under 10 U.S.C. 4727 are appropriated and shall be available until
expended to support activities at the Army National Military
Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$192,250,000, to remain available until September 30, 2023, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $227,320,000, to remain available until September 30,
2023, for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force''
$414,800,000, to remain available until September 30, 2023, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $87,050,000, to remain available until September 30, 2023, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Administrative Provisions
Sec. 401. Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
Sec. 402. Notwithstanding any other provision of law, the
Secretary of Defense is directed to provide the congressional defense
committees a future years defense program for funds appropriated to the
Department of Defense for construction projects related to European
Reassurance Initiative and European Deterrence Initiative beginning in
fiscal year 2020 and each subsequent fiscal year that funding is
requested for either initiative. Further, the Secretary of Defense is
directed to submit the future years defense program with each fiscal
year budget submission.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 504. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 506. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 507. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 508. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 509. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 510. None of the funds made available by this Act may be used
by the Department of Defense or the Department of Veterans Affairs to
lease or purchase new light duty vehicles for any executive fleet, or
for an agency's fleet inventory, except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
Sec. 511. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2019''.
Attest:
Secretary.
115th CONGRESS
2d Session
H.R. 5895
_______________________________________________________________________
AMENDMENT