[Congressional Record Volume 164, Number 102 (Tuesday, June 19, 2018)]
[Senate]
[Pages S4039-S4059]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 2916. Mr. CASSIDY (for himself and Mr. Daines) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. PUBLICATION OF QUALITY RATING OF NURSING HOMES OF
THE DEPARTMENT OF VETERANS AFFAIRS.
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 publish in the
Federal Register and on a publicly available Internet website
of the Department of Veterans Affairs the rating with respect
to quality of care assigned by the Department to each nursing
home of the Department.
______
SA 2917. Mr. CASSIDY submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. PILOT PROGRAM ON SECURE, PATIENT-CENTERED, PORTABLE
MEDICAL RECORDS STORAGE SYSTEM OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall commence a pilot program under which veterans
who are enrolled in the patient enrollment system of the
Department of Veterans Affairs under section 1705 of title
38, United States Code, use a portable medical records
storage system described in subsection (e) to store and share
with health care providers of the Department and community
health care providers records of their individual medical
history.
(b) Selection of Locations.--The Secretary shall select not
less than one Veterans Integrated Services Network of the
Department in which to carry out the pilot program under
subsection (a).
(c) Contracts.--
(1) Authority.--The Secretary shall seek to enter into a
contract using competitive procedures with an appropriate
entity for the provision of the medical records storage
system described in subsection (e).
(2) Notice of competition.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
issue a request for proposals for the contract described in
paragraph (1). Such request shall be full and open to any
contractor that has an existing commercially available
medical records storage capability described in subsection
(e).
(3) Selection.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall award a
contract to an offeror pursuant to the request for proposals
under paragraph (2) if at least one acceptable offer is
submitted.
(d) Duration of Pilot Program.--
(1) In general.--The Secretary shall carry out the pilot
program under this section for a period of not less than one
year.
(2) After initial period.--After carrying out the pilot
program for one year, the Secretary may terminate the
program, continue the program, expand the program to include
additional locations, or implement the use of portable
medical records storage systems on a national basis.
(e) Requirements of Portable Medical Records Storage
System.--A medical records storage system described in this
subsection is a physical device that meets the following
requirements:
(1) Capability to store not less than four gigabytes of
electronic health records on a physical device, which is not
larger than the dimensions of a credit card, issued to each
veteran enrolled in the pilot program.
(2) Capability to be used by substantially all electronic
health records systems certified by the Office of the
National Coordinator for Health IT on or before January 1,
2017.
(3) Capability to limit access to electronic health records
stored on each device to the patient and health care
providers.
(4) Capability for health care providers to securely
access, annotate, and add electronic health records to the
physical device, including in instances in which the health
care provider is not in possession of the physical storage
device.
(5) Requirement that all electronic health records
transferred from a health care provider over the internet to
the physical storage device be encrypted.
(6) Requirement that the portable medical records system
can operate without persistent storage of any electronic
health records on the internet or within a cloud computing
repository.
(7) Capability to provide a replacement device containing
up-to-date electronic health records if the original physical
storage device has been removed from the owner's possession
or otherwise rendered inoperable.
(f) Definitions.--In this section:
(1) Dimensions of a credit card.--The term ``dimensions of
a credit card'' means three and three-eighths inches in
width, two and one-eighth inches in length, and five-one
hundred twenty-eighths of one inch in depth.
(2) Electronic health records.--The term ``electronic
health records'' means electronic documentation of
physicians' notes, electronic viewing of lab test results,
diagnostic images and video, clinical decision support, and
interoperability with other systems.
(g) Prohibition on New Appropriations.--No additional funds
are authorized to be appropriated to carry out the
requirements of this section. Such requirements shall be
carried out using amounts otherwise authorized to be
appropriated for the Department of Veterans Affairs.
______
SA 2918. Mr. BENNET submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. CARE FOR SPOUSES OF VETERANS AT CERTAIN STATE HOMES
FOR WHICH PAYMENT IS MADE BY THE SECRETARY OF
VETERANS AFFAIRS.
(a) In General.--If a State home for which payment is made
by the Secretary of Veterans Affairs under subchapter V of
chapter 17 of title 38, United States Code, is below 90
percent occupancy, the State home may provide care to spouses
of veterans such that the percentage of individuals receiving
care at the State home who are veterans is not less than 60
percent.
(b) Application for Construction or Acquisition.--Section
8135(a)(4) of title 38, United States Code, is amended--
(1) by striking ``Reasonable assurance'' and inserting
``(A) Reasonable assurance'';
(2) by inserting ``, except as provided in subparagraph
(B),'' after ``and that''; and
(3) by adding at the end the following new subparagraph:
``(B) Reasonable assurance that, for purposes of providing
care to spouses of veterans, during a period in which a
facility is operating with a bed occupancy rate of 90 percent
or less, not more than 40 percent of the bed occupancy at any
one time will consist of patients who are not receiving such
level of care as veterans.''.
(c) State Home Defined.--In this section, the term ``State
home'' has the meaning given that term in section 101 of
title 38, United States Code.
______
SA 2919. Mr. WHITEHOUSE submitted an amendment intended to be
proposed by him to the bill H.R. 5895, making appropriations for energy
and water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes;
[[Page S4040]]
which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. EXPANSION OF ELIGIBILITY FOR INTERMENT IN NATIONAL
CEMETERIES OF HMONG VETERANS.
(a) In General.--Section 2402(a)(10) of title 38, United
States Code, is amended--
(1) in subparagraph (A)(ii), by striking the period and
inserting ``; or''; and
(2) by adding at the end the following new subparagraph:
``(B) who--
``(i) the Secretary determines served honorably with a
special guerrilla unit or irregular forces operating from a
base in Laos in support of the Armed Forces of the United
States at any time during the period beginning February 28,
1961, and ending May 7, 1975; and
``(ii) at the time of the individual's death--
``(I) was a citizen of the United States or an alien
lawfully admitted for permanent residence in the United
States; and
``(II) resided in the United States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to an individual dying on or after
the date of the enactment of this Act.
______
SA 2920. Mr. CARPER (for himself and Mr. Alexander) proposed an
amendment to amendment SA 2910 proposed by Mr. Shelby to the bill H.R.
5895, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes; as follows:
On page 14, between lines 18 and 19, insert the following:
Sec. 106. 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.
______
SA 2921. Mr. HEINRICH (for himself and Mr. Udall) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title III of division A, add the following:
Sec. 311. (a) Congress finds the following:
(1) The National Nuclear Security Administration
recommended a plutonium pit production strategy to the
congressional defense committees in a letter dated May 10,
2018.
(2) The Chairperson of the Nuclear Weapons Council
established under section 179 of title 10, United States
Code, certified the letter described in paragraph (1) to the
congressional defense committees in a letter dated May 4,
2018, pursuant to section 3141 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
(b) Not later than April 1, 2019, and annually thereafter
through 2025, the Chairperson of the Nuclear Weapons Council
shall submit to the Secretary of Defense, the Administrator
for Nuclear Security, and the congressional defense
committees a written certification that the plutonium pit
production strategy described in subsection (a)(1) is on
track to meet--
(1) the requirement to begin production of 30 war reserve
pits per year at Los Alamos National Laboratory, Los Alamos,
New Mexico, by 2026; and
(2) the timelines for demonstrating a capability to produce
an additional 50 war reserve plutonium pits per year, as
required by section 4219 of the Atomic Energy Defense Act (50
U.S.C. 2538a).
(c) In this section, the term ``congressional defense
committees'' has the meaning given that term in section
101(a)(16) of title 10, United States Code.
______
SA 2922. Ms. BALDWIN submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in division C, insert the
following:
SEC. __. DEBARMENT OF CONTRACTORS THAT FRAUDULENTLY
MISREPRESENT STATUS FOR PURPOSES OF OBTAINING
CERTAIN SET ASIDE CONTRACTS.
(a) Short Title.--This section may be cited as the ``Stolen
Valor in Contracting Act''.
(b) Civilian Contracts.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4713. Debarment of contractors that fraudulently
misrepresent status for purposes of obtaining certain set
aside contracts
``(a) In General.--Any business concern that is determined
by the head of an executive agency to have willfully and
intentionally misrepresented the status of that concern as a
small business concern owned and controlled by veterans or as
a small business concern owned and controlled by service-
disabled veterans for the purpose of qualifying for a
contract awarded in accordance with section 8127 of title 38
or as a small business concern owned and controlled by
service-disabled veterans for the purpose of qualifying for a
contract awarded in accordance with the Government-wide goals
for procurement pursuant to section 15(g)(1) of the Small
Business Act (15 U.S.C. 644(g)(1) shall be debarred from
contracting with the Federal Government for a period of not
less than five years.
``(b) Process.--In the case of a debarment under subsection
(a), the head of the executive agency shall commence
debarment action against the business concern by not later
than 30 days after determining that the concern willfully and
intentionally misrepresented the status of the concern as
described in subsection (a) and shall complete debarment
actions against such concern by not later than 90 days after
such determination.
``(c) Consultation.--In making a determination under this
section, the head of an executive agency shall, as
appropriate, consult with the Secretary of Veterans Affairs
and the Administrator of the Small Business Administration.
``(d) Applicability.--The debarment of a business concern
under subsection (a) includes the debarment of all principals
in the business concern for a period of not less than five
years.
``(e) Definitions.--In this section:
``(1) The term `small business concern' has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 632).
``(2) The term `small business concern owned and controlled
by veterans' has the meaning given the term in section
8127(l) of title 38.
``(3) The term `small business concern owned and controlled
by service-disabled veterans' has the meaning given the term
in section 3(q)(2) of the Small Business Act (15 U.S.C.
632(q)(2)).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4712 the following new item:
``4713. Debarment of contractors that fraudulently misrepresent status
for purposes of obtaining certain set aside contracts.''.
(c) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States
Code, as amended by section 801, is further amended by
inserting after section 2339a the following new section:
``Sec. 2339b. Debarment of contractors that fraudulently
misrepresent status for purposes of obtaining certain set
aside contracts
``(a) In General.--Any business concern that is determined
by the head of an agency to have willfully and intentionally
misrepresented the status of that concern as a small business
concern owned and controlled by service-disabled veterans for
the purpose of qualifying for a contract awarded in
accordance with the Government-wide goals for procurement
pursuant to section 15(g)(1) of the Small Business Act (15
U.S.C. 644(g)(1) shall be debarred from contracting with the
Federal Government for a period of not less than five years.
``(b) Process.--In the case of a debarment under subsection
(a), the head of the agency shall commence debarment action
against the business concern by not later than 30 days after
determining that the concern willfully and intentionally
misrepresented the status of the concern as described in
subsection (a) and shall complete debarment actions against
such concern by not later than 90 days after such
determination.
``(c) Consultation.--In making a determination under this
section, the head of an agency shall, as appropriate, consult
with the Secretary of Veterans Affairs and the Administrator
of the Small Business Administration.
``(d) Applicability.--The debarment of a business concern
under subsection (a) includes the debarment of all principals
in the business concern for a period of not less than five
years.
``(e) Definitions.--In this section:
``(1) The term `small business concern' has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 632).
``(2) The term `small business concern owned and controlled
by service-disabled veterans' has the meaning given the term
in section 3(q)(2) of the Small Business Act (15 U.S.C.
632(q)(2)).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 801, is
further amended
[[Page S4041]]
by inserting after the item relating to section 2339a the
following new item:
``2339b. Debarment of contractors that fraudulently misrepresent status
for purposes of obtaining certain set aside contracts.''.
______
SA 2923. Ms. BALDWIN (for herself and Mr. Jones) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place in division C, add the following:
SEC. ___. EXEMPTION FROM CALCULATION OF MONTHLY INCOME, FOR
PURPOSES OF BANKRUPTCY LAWS, CERTAIN PAYMENTS
FROM DEPARTMENT OF VETERANS AFFAIRS AND
DEPARTMENT OF DEFENSE.
Section 101(10A) of title 11, United States Code, is
amended by striking subparagraph (B) and inserting the
following:
``(B)(i) includes any amount paid by any entity other than
the debtor (or in a joint case the debtor and the debtor's
spouse), on a regular basis for the household expenses of the
debtor or the debtor's dependents (and in a joint case the
debtor's spouse if not otherwise a dependent); and
``(ii) excludes--
``(I) benefits received under the Social Security Act;
``(II) payments to victims of war crimes or crimes against
humanity on account of their status as victims of such
crimes;
``(III) payments to victims of international terrorism (as
defined in section 2331 of title 18) or domestic terrorism
(as defined in section 2331 of title 18) on account of their
status as victims of such terrorism;
``(IV) compensation under chapter 11 of title 38;
``(V) compensation under chapter 13 of title 38;
``(VI) pension under chapter 15 of title 38;
``(VII) retired pay payable to members of the Armed Forces
retired under section 1201 or 1204 of title 10;
``(VIII) retired pay payable to members of the Armed Forces
placed on the temporary disability retired list under section
1202 or 1205 of title 10;
``(IX) disability severance pay payable under section 1212
of title 10 to members separated from the Armed Forces under
section 1203 or 1206 of that title;
``(X) retired pay payable in accordance with section 1201
or 1202 of title 10, or disability severance pay payable in
accordance with section 1203 of that title, to members of the
Armed Forces eligible for such pay by reason of section 1207a
of that title;
``(XI) combat-related special compensation payable under
section 1413a of title 10;
``(XII) any monthly annuity payable under the Survivor
Benefit Plan under subchapter II of chapter 73 of title 10 if
the participant in the Plan with respect to whom the annuity
is payable was retired for physical disability under chapter
61 of that title;
``(XIII) the special survivor indemnity allowance payable
under section 1450(m) of title 10; and
``(XIV) any monthly special compensation payable to members
of the uniformed services with catastrophic injuries or
illnesses under section 439 of title 37.''.
______
SA 2924. Mr. BOOZMAN (for himself, Mr. Blunt, Mrs. McCaskill, Mr.
Cotton, Mr. Inhofe, and Mr. Lankford) submitted an amendment intended
to be proposed to amendment SA 2910 proposed by Mr. Shelby to the bill
H.R. 5895, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. PLAN TO AVOID CLINICAL MISTAKES BY EMPLOYEES OF THE
DEPARTMENT OF VETERANS AFFAIRS THAT RESULT IN
ADVERSE EVENTS THAT REQUIRE CERTAIN
DISCLOSURES.
(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.
______
SA 2925. Mr. BOOZMAN (for himself and Mr. Schatz) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
On page 168, line 17, strike ``$15,000'' and insert
``$42,000''.
______
SA 2926. Mr. YOUNG (for himself and Mr. Donnelly) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of section 232 of title II of division C, add
the following:
(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.
______
SA 2927. Mrs. MURRAY submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO
FURNISH MEDICALLY-NECESSARY TRANSPORTATION FOR
NEWBORN CHILDREN OF CERTAIN WOMEN VETERANS.
(a) In General.--Section 1786 of title 38, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter before paragraph (1)--
(i) by inserting ``and transportation necessary to receive
such services'' after ``described in subsection (b)''; and
(ii) by inserting ``, except as provided in subsection
(e),'' after ``seven days'';
(B) in paragraph (1), by striking ``or'';
(C) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(D) by adding at the end the following new paragraph:
``(3) another location, including a health care facility,
if the veteran delivers the child before arriving at a
facility described in paragraph (1) or (2).''.
(2) in subsection (b), by inserting before the period at
the end the following``, including necessary health care
services provided by a facility other than the facility where
the newborn child was delivered (including a specialty
pediatric hospital) that accepts transfer of the newborn
child and responsibility for treatment of the newborn
child''.
(3) by adding at the end the following new subsections:
``(c) Transportation.--(1) Transportation furnished under
subsection (a) to, from, or between, care settings to meet
the needs of a newborn child includes costs for either or
both the newborn child and parents.
[[Page S4042]]
``(2) Transportation furnished under subsection (a)
includes transportation by ambulance, including air
ambulance, or other appropriate medically staffed modes of
transportation--
``(A) to another health care facility (including a
specialty pediatric hospital) that accepts transfer of the
newborn child or otherwise provides post-delivery care
services when the treating facility is not capable of
furnishing the care or services required; or
``(B) to a health care facility in a medical emergency of
such nature that a prudent layperson reasonably expects that
delay in seeking immediate medical attention would be
hazardous to life or health.
``(3) Amounts paid by the Department for transportation
under this section shall be derived from the Medical Services
appropriations account of the Department.
``(d) Reimbursement or Payment for Health Care Services or
Transportation.--(1) Pursuant to regulations the Secretary
shall prescribe to establish rates of reimbursement and any
limitations thereto under this section, the Secretary shall
directly reimburse a covered entity for health care services
or transportation services provided under this section,
unless the cost of the services or transportation is covered
by an established agreement or contract. Where such an
agreement or contract already exists, its negotiated payment
terms shall apply.
``(2)(A) Reimbursement or payment by the Secretary under
this section on behalf of an individual to a covered entity
shall, unless rejected and refunded by the covered entity
within 30 days of receipt, extinguish any liability on the
part of the individual for the health care services or
transportation covered by such payment.
``(B) Neither the absence of a contract or agreement
between the Secretary and a covered entity nor any provision
of a contract, agreement, or assignment to the contrary shall
operate to modify, limit, or negate the requirements of
subparagraph (A).
``(3) In this subsection, the term `covered entity' means
any individual, transportation carrier, organization, or
other entity that furnished or paid for health care services
or transportation under this section.
``(e) Exception.--Pursuant to such regulations as the
Secretary shall prescribe to carry out this section, the
Secretary may furnish more than seven days of health care
services described in subsection (b), and transportation
necessary to receive such services, to a newborn child based
on medical necessity if the child is in need of additional
care, including a case in which the newborn child has been
discharged or released from a hospital and requires
readmittance to ensure the health and welfare of the newborn
child.''.
(b) Treatment of Certain Debts Already Incurred.--Pursuant
to such regulations as the Secretary of Veterans Affairs
shall prescribe, the Secretary may waive a debt for or
reimburse a veteran billed for the cost of transportation
that was furnished in order for a newborn child to receive
health care services under section 1786 of title 38, United
States Code, before the date of the enactment of this Act.
______
SA 2928. Mrs. GILLIBRAND (for herself, Ms. Baldwin, and Mr. Johnson)
submitted an amendment intended to be proposed to amendment SA 2910
proposed by Mr. Shelby to the bill H.R. 5895, making appropriations for
energy and water development and related agencies for the fiscal year
ending September 30, 2019, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of title I of division C, add the following:
Sec. ___. (a) Finding.--Congress finds that, given that the
Air Force maintains a so-called ``scorecard'' to determine
where to place aircraft and missions, Congress requires a
report on the criteria and any analytical models employed in
such determinations in order to ensure that future
appropriations for military construction in connection with
such determinations with respect to KC-46 aircraft are
appropriate in light of the needs of the Air Force regarding
such aircraft.
(b) Report.--
(1) In general.--Not later than December 31, 2019, the
Secretary of Air Force shall submit to the congressional
defense committees a report setting forth the results of a
review, conducted by the Secretary for purposes of the
report, of the analytical model used for strategic basing of
KC-46 aircraft.
(2) Particular element.--The report shall include such
recommendations of the Secretary for the analytical model as
the Secretary considers appropriate in order to ensure that
the model addresses changes in refueling requirements along
the Northern Tier of the United States as a result of the
2018 National Defense Strategy and associated mobility
capability requirements, including, in particular, in
connection with the growth of activities in the Northern
Polar region by global and regional powers.
______
SA 2929. Mr. JONES (for himself, Mr. Tester, Mr. Nelson, Mrs.
Gillibrand, Mrs. Murray, Mr. Brown, and Mr. Udall) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. ANNUAL REPORT ON RATINGS OF NURSING HOMES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the
following:
``Sec. 7330D. Annual report on ratings of nursing homes of
the Department
``(a) In General.--Not later than November 11 of each year,
the Secretary shall submit to the appropriate committees of
Congress a report on the ratings of nursing homes of the
Department.
``(b) Data Included.--Each report required by subsection
(a) shall include data sets for long-term and short-term care
furnished by nursing homes of the Department, including with
respect to the following:
``(1) Pain.
``(2) Ulcers.
``(3) Use of anti-psychotic medication.
``(4) Use of catheters.
``(5) Patient wellbeing, such as a fall or major injury.
``(6) Ability to perform daily activities, such as bathing,
eating, and using the restroom.
``(7) Mobility limits of high-risk patients, such as
patients with severe ulcers or bed sores.
``(8) Physically restrained patients.
``(9) Patients with urinary tract infections.
``(c) Period Covered by Report.--Each report submitted
under subsection (a) shall include data covering the 5-year
period preceding the submittal of the report.
``(d) Prohibition on Use of Amounts to Withhold Data.--No
amounts appropriated or otherwise made available to the
Department may be used to withhold data regarding ratings of
nursing homes of the Department.
``(e) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Veterans' Affairs and the Committee
on Appropriations of the Senate; and
``(2) the Committee on Veterans' Affairs and the Committee
on Appropriations of the House of Representatives.''.
(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. Annual report on ratings of nursing homes of the
Department.''.
______
SA 2930. Ms. BALDWIN (for herself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
On page 32, line 16, strike the period at the end and
insert the following: ``: Provided, That of the amounts
appropriated under this heading, $20,000,000 shall be for
cooperative agreements to accelerate the domestic production
of Molybdenum-99.''.
______
SA 2931. Mr. TESTER submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. ___. INSPECTORS GENERAL.
(a) Prohibition on Use of Funds.--None of the funds
appropriated 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 of the United
States Government 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 Committees on Appropriations within 5
calendar days of any failure by any department or agency of
the United States Government to
[[Page S4043]]
provide its Inspector General access to all requested
records, documents, and other materials.
______
SA 2932. Mr. TESTER (for himself, Ms. Baldwin, Mrs. Murray, and Mr.
Murphy) submitted an amendment intended to be proposed to amendment SA
2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place in title II of division C, insert
the following:
SEC. ___. REQUIREMENTS RELATING TO PRESIDENT'S ANNUAL BUDGET
REQUEST FOR THE DEPARTMENT OF VETERANS AFFAIRS.
Whenever the President submits a budget pursuant to section
1105(a) of title 31, United States Code, the President shall
ensure that such budget includes specific amounts to be
appropriated for programs of the Department of Veterans
Affairs relating to the following:
(1) Homeless veterans.
(2) Women veterans.
(3) Prosthetics.
(4) Health care for veterans in rural areas.
______
SA 2933. Mr. TESTER submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. CONDUCT OF RESEARCH INTO EFFECTS OF CANNABIS ON
HEALTH OUTCOMES OF CERTAIN VETERANS.
(a) Research Required.--In carrying out the
responsibilities of the Secretary of Veterans Affairs under
section 7303 of title 38, United States Code, the Secretary
may conduct and support research relating to the efficacy and
safety of forms of cannabis and methods of cannabis delivery
described in subsection (c) on the health outcomes of covered
veterans diagnosed with chronic pain, post-traumatic stress
disorder, and other conditions the Secretary determines
appropriate.
(b) Data Preservation.--Research conducted pursuant to
subsection (a) shall include a mechanism to ensure the
preservation of all data, including all data sets, collected
or used for purposes of the research required by subsection
(a) in a manner that will facilitate further research.
(c) Forms of Cannabis and Methods of Delivery to Be
Researched.--The forms of cannabis and methods of cannabis
delivery described in this subsection are--
(1) varying forms of cannabis, including--
(A) full plants and extracts;
(B) at least three different strains of cannabis with
significant variants in phenotypic traits and various ratios
of tetrahydrocannabinol and cannabidiol in chemical
composition; and
(C) other chemical analogs of tetrahydrocannabinol; and
(2) varying methods of cannabis delivery, including topical
application, combustible and non-combustible inhalation, and
ingestion.
(d) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall--
(1) develop a plan to implement this section and submit
such plan to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives; and
(2) issue any requests for proposals the Secretary
determines appropriate for such implementation.
(e) Reports.--During the five-year period beginning on the
date of the enactment of this Act, the Secretary shall submit
periodically, but not less frequently than annually, to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives reports on the implementation of this
section.
(f) Covered Veteran Defined.--In this section, the term
``covered veteran'' means a veteran who is enrolled in the
patient enrollment system of the Department of Veterans
Affairs under section 1705 of title 38, United States Code.
______
SA 2934. Mr. TESTER (for himself and Mr. Brown) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. TRACKING AND MONITORING INFORMATION ABOUT DEBTS TO
UNITED STATES INCURRED FROM OVERPAYMENT BY
DEPARTMENT OF VETERANS AFFAIRS OR FOR OTHER
REASONS.
(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).
______
SA 2935. Mr. TESTER submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. PILOT PROGRAM ON COMMUNITY CARE COORDINATION AND
SUPPORTIVE SERVICES FOR FAMILIES OF VETERANS
AND MEMBERS OF RESERVE COMPONENTS OF THE ARMED
FORCES WHO LACK ADEQUATE ACCESS TO SERVICES.
(a) Pilot Program Required.--Commencing not later than one
year after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall, after consultation with
the Secretary of Defense, carry out a pilot program with
community partners to assess the feasibility and advisability
of providing intensive community care coordination and
supportive services to covered families who lack adequate
access to services furnished by the Department of Veterans
Affairs or other entities of Federal, State, and local
governments.
(b) Community Care Coordination and Supportive Services
Described.--For purposes of the pilot program, intensive
community care coordination and supportive services are
services provided by a community partner to improve the well-
being and address the needs of covered families who live in
rural or underserved areas or who otherwise lack access to
adequate services furnished by the Department of Veterans
Affairs, the Federal Government, or State and local
governments. Intensive community care coordination and
supportive services may include the following:
(1) Care coordination and case management services.
(2) Outreach services.
(3) Assistance in obtaining any benefits from the
Department which the veteran (or member of a reserve
component of the Armed Forces) may be eligible to receive,
including the following:
(A) Vocational and rehabilitation counseling.
(B) Employment and training services.
(C) Educational assistance.
(D) Health care services.
(4) Assistance in obtaining and coordinating the provision
of other public benefits or available services provided by
the Federal Government, State or local governments, or other
community partners, including the following:
(A) Marriage counseling.
(B) Services for children.
(C) Suicide prevention.
(D) Substance abuse awareness and treatment.
(E) Mental health awareness and treatment.
(F) Financial counseling.
(G) Employment assistance.
(H) Transportation services.
(I) Child care.
(J) Housing counseling.
(K) Preparing and updating family care plans.
(L) Development of strategies for living with a veteran
with post traumatic stress disorder or traumatic brain
injury.
(M) Accessing emergency financial assistance through
philanthropic efforts.
(N) Such other services as may be appropriate to improve
the well-being and address the unique needs of veterans
families who live in rural or underserved areas or otherwise
lack access to adequate services furnished by the Department
of Veterans Affairs, the Federal Government, or State and
local governments.
(5) Providing direct services, described in paragraph (4),
that are necessary to address the needs of the covered
families but are otherwise unavailable through existing
public or private programs.
(c) Agreements and Grants.--
(1) Agreements.--The Secretary of Veterans Affairs shall
carry out the pilot program by entering into partnership
agreements with community partners to provide intensive
community care coordination and supportive services.
(2) Grants.--
(A) In general.--The Secretary shall, using a competitive
and merit-based process, award grants to community partners
with whom the Secretary has entered into agreements under
paragraph (1).
(B) Use of funds.--The amounts of grants awarded under
subparagraph (A) shall be used to provide intensive community
care
[[Page S4044]]
coordination and supportive services under the pilot program
and to assess service delivery efficiencies.
(C) Locations.--The Secretary may award grants under
subparagraph (A) on an individual location basis and may
award grants for the provision of certain services at
locations that also provide other services.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of Veterans Affairs to
carry out the pilot program $5,000,000 for each of fiscal
years 2019, 2020, and 2021.
(e) Report.--
(1) In general.--Not later than 340 days before the
completion of the pilot program, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the results of the pilot program.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of covered families served under the pilot
program.
(B) The number of covered families who received service
linkages or referrals under the pilot program.
(C) A description and assessment of the effectiveness and
achievements of the pilot program with respect to services
and treatments and mitigation of risks, including risks
relating to homelessness, unemployment, and suicide.
(f) Definitions.--In this section:
(1) Community partner.--The term ``community partner''
means a private nonprofit organization.
(2) Covered family.--The term ``covered family'' means a
family with respect to which the head of the household or the
spouse of the head of the household is a veteran or a member
of a reserve component of the Armed Forces. A family that
consists of a single individual who is a veteran or a member
of a reserve component of the Armed Forces shall be
considered a covered family.
______
SA 2936. Mr. HOEVEN (for himself and Ms. Heitkamp) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place in title II of division C, insert
the following:
SEC. ___. INCLUSION OF CERTAIN NAMES ON THE VIETNAM VETERANS
MEMORIAL.
The Secretary of Defense shall provide for the inclusion on
the Vietnam Veterans Memorial in the District of Columbia the
names of the seventy-four crew members of the USS Frank E.
Evans killed on June 3, 1969.
______
SA 2937. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 1__. REQUIREMENT FOR PHYSICAL EXAMINATIONS OF MEMBERS OF
THE SELECTED RESERVE OF THE READY RESERVE OF
THE RESERVE COMPONENTS OF THE ARMED FORCES WHO
ARE SEPARATING FROM THE SELECTED RESERVE.
Section 1145(d) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``pursuant to'' and inserting ``described in''; and
(B) in subparagraph (A)--
(i) by striking ``(A)'' and inserting ``(A)(i)'';
(ii) by striking the semicolon at the end and inserting ``;
or''; and
(iii) by adding at the end the following new clause:
``(ii) is a member of the Selected Reserve of the Ready
Reserve of a reserve component who is scheduled to separate
from the Selected Reserve within 90 days;''; and
(2) in paragraph (2)(A)--
(A) by striking ``examination under paragraph (1) to a''
and inserting ``examination--
``(i) under paragraph (1)(A)(i) to a'';
(B) in clause (i), as designated by subparagraph (A), by
striking ``; and'' and inserting ``; or''; and
(C) by adding at the end the following new clause:
``(ii) under paragraph (1)(A)(ii) to a member of the
Selected Reserve of the Ready Reserve of a reserve component
during the 90-day period before the date on which the member
is scheduled to be separated from the Selected Reserve;
and''.
______
SA 2938. Mrs. ERNST (for herself and Mr. Lankford) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
Beginning on page 50, strike line 20 and all that follows
through page 51, line 4.
Beginning on page 51, strike line 12 and all that follows
through page 53, line 2.
______
SA 2939. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 2910 proposed by Mr. Shelby to the bill H.R.
5895, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title I of division A, add the following:
Sec. 1__. 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).
______
SA 2940. Mr. WHITEHOUSE submitted an amendment intended to be
proposed by him to the bill H.R. 5895, making appropriations for energy
and water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. ___. UPDATED MANUALS AND GUIDES.
(a) Engineering Manuals.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the Army
shall prepare and submit to Congress a report making
recommendations for a regular schedule for the review and
revision of relevant manuals developed and used by the Corps
of Engineers in the design and construction of projects in
the coastal region.
(b) Unified Facilities Guide Specifications.--Not later
than 1 year after the date of enactment of this Act, the
Secretary of the Army shall develop guidelines and
recommendations for the incorporation of innovative materials
and associated techniques into the Unified Facilities Guide
Specifications.
______
SA 2941. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 2910 proposed by Mr. Shelby to the bill H.R.
5895, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title I of division A, add the following:
Sec. 1__. The Secretary of the Army may enter into
financial assistance agreements with congressionally
chartered entities for the purposes of furthering the
conservation of natural resources, water resources, and
coastal habitats.
______
SA 2942. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed by her to the bill H.R. 5895, making appropriations for energy
and water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At end of title II of division A, add the following:
SEC. 203. COLORADO RIVER SYSTEM WATER PILOT PROJECTS.
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 ``2022; Provided, 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''.
SEC. 204. WATER MANAGEMENT IMPROVEMENT.
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 ``$500,000,000''.
[[Page S4045]]
______
SA 2943. Mr. McCONNELL (for Mr. Crapo (for himself, Mr. Whitehouse,
and Mr. Risch)) proposed an amendment to amendment SA 2910 proposed by
Mr. Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; as follows:
On page 24, line 2, strike the period at the end and insert
the following: ``: 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
low enriched low uranium to support advanced reactors.''.
______
SA 2944. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. Of the amount appropriated or otherwise made
available under this title for ``Military Construction,
Army'', $120,000,000 shall be made available for Tactical
Equipment Facilities construction.
______
SA 2945. Mr. HELLER submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title II of division A, add the following:
Sec. 2__. (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 Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
``$450,000,000'' and inserting ``$480,000,000''.
______
SA 2946. Mrs. ERNST (for herself and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. THIRD PARTY REVIEW OF APPOINTEES IN VETERANS HEALTH
ADMINISTRATION WHO HAD A LICENSE, REGISTRATION,
OR CERTIFICATION FOR THE PROVISION OF HOSPITAL
CARE OR MEDICAL SERVICES REVOKED AND NOTICE TO
INDIVIDUALS TREATED BY THOSE APPOINTEES.
(a) Third Party Review.--The Secretary of Veterans Affairs
shall enter into a contract or other agreement with an
organization that is not part of the Federal Government to
conduct a clinical review of the hospital care and medical
services furnished by covered individuals.
(b) Notice to Patients Treated by Covered Individuals.--
With respect to hospital care or medical services furnished
by a covered individual under the laws administered by the
Secretary of Veterans Affairs, if a clinical review
determines that an experienced, competent practitioner would
have managed the care or services differently, the Secretary
shall notify any individual who received such care or
services from the covered individual.
(c) Covered Individual.--For purposes of this section, a
covered individual is an individual who was appointed to a
position in the Veterans Health Administration covered by
subsection (b) of section 7402 of title 38, United States
Code, in violation of subsection (f) of such section because
the individual had a license, registration, or certification
applicable to the provision of hospital care or medical
services terminated for cause.
(d) Hospital Care and Medical Services Defined.--In this
section, the terms ``hospital care'' and ``medical services''
have the meanings given those terms in section 1701 of title
38, United States Code.
______
SA 2947. Mr. HELLER submitted an amendment intended to be proposed by
him to the bill H.R. 5895, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2019, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
TITLE __--NO BUDGET, NO PAY
SEC. ___01. SHORT TITLE.
This title may be cited as the ``No Budget, No Pay Act''.
SEC. ___02. DEFINITION.
In this title, the term ``Member of Congress''--
(1) has the meaning given the term under section 2106 of
title 5, United States Code; and
(2) does not include the Vice President.
SEC. ___03. TIMELY APPROVAL OF CONCURRENT RESOLUTION ON THE
BUDGET AND THE APPROPRIATIONS BILLS.
If both Houses of Congress have not approved a concurrent
resolution on the budget as described under section 301 of
the Congressional Budget and Impoundment Control Act of 1974
(2 U.S.C. 632) for a fiscal year before October 1 of that
fiscal year and have not passed all the regular
appropriations bills for the next fiscal year before October
1 of that fiscal year, the pay of each Member of Congress may
not be paid for each day following that October 1 until the
date on which both Houses of Congress approve a concurrent
resolution on the budget for that fiscal year and all the
regular appropriations bills.
SEC. ___04. NO PAY WITHOUT CONCURRENT RESOLUTION ON THE
BUDGET AND THE APPROPRIATIONS BILLS.
(a) In General.--Notwithstanding any other provision of
law, no funds may be appropriated or otherwise made available
from the United States Treasury for the pay of any Member of
Congress during any period determined by the Chairpersons of
the Committee on the Budget and the Committee on
Appropriations of the Senate or the Chairpersons of the
Committee on the Budget and the Committee on Appropriations
of the House of Representatives under section ___05.
(b) No Retroactive Pay.--A Member of Congress may not
receive pay for any period determined by the Chairpersons of
the Committee on the Budget and the Committee on
Appropriations of the Senate or the Chairpersons of the
Committee on the Budget and the Committee on Appropriations
of the House of Representatives under section ___05, at any
time after the end of that period.
SEC. ___05. DETERMINATIONS.
(a) Senate.--
(1) Request for certifications.--On October 1 of each year,
the Secretary of the Senate shall submit a request to the
Chairpersons of the Committee on the Budget and the Committee
on Appropriations of the Senate for certification of
determinations made under subparagraphs (A) and (B) of
paragraph (2).
(2) Determinations.--The Chairpersons of the Committee on
the Budget and the Committee on Appropriations of the Senate
shall--
(A) on October 1 of each year, make a determination of
whether Congress is in compliance with section ___03 and
whether Senators may not be paid under that section;
(B) determine the period of days following each October 1
that Senators may not be paid under section ___03; and
(C) provide timely certification of the determinations
under subparagraphs (A) and (B) upon the request of the
Secretary of the Senate.
(b) House of Representatives.--
(1) Request for certifications.--On October 1 of each year,
the Chief Administrative Officer of the House of
Representatives shall submit a request to the Chairpersons of
the Committee on the Budget and the Committee on
Appropriations of the House of Representatives for
certification of determinations made under subparagraphs (A)
and (B) of paragraph (2).
(2) Determinations.--The Chairpersons of the Committee on
the Budget and the Committee on Appropriations of the House
of Representatives shall--
(A) on October 1 of each year, make a determination of
whether Congress is in compliance with section ___03 and
whether Members of the House of Representatives may not be
paid under that section;
(B) determine the period of days following each October 1
that Members of the House of Representatives may not be paid
under section ___03; and
(C) provide timely certification of the determinations
under subparagraphs (A) and (B) upon the request of the Chief
Administrative Officer of the House of Representatives.
SEC. ___06. EFFECTIVE DATE.
This title shall take effect on February 1, 2019.
______
SA 2948. Mr. HELLER submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place in title II of division C, insert
the following:
Sec. __. 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.
[[Page S4046]]
(4) The Department of Housing and Urban Development
Department of Veterans Affairs Supported Housing (HUD-VASH)
programs.
______
SA 2949. Mr. HELLER submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. REPORT ON CAREGIVER SUPPORT PROGRAM.
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.
______
SA 2950. Mr. HELLER submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
Sec. 2__. Of the amounts made available in this title for
fiscal year 2019 for the Veterans Health Administration for
medical services, not less than $1,000,000 shall be made
available to the Secretary of Veterans Affairs for the Office
of Rural Health of the Department of Veterans Affairs to
expand the number of Rural Health Resource Centers.
______
SA 2951. Mr. CASSIDY (for himself and Mr. Manchin) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place in title III of division A
(relating to the Department of Energy), under the heading
``General Provisions--Department of Energy'', insert the
following:
Sec. 3__. Section 3(c) of the Natural Gas Act (15 U.S.C.
717b(c)) is amended--
(1) by striking ``(c) For purposes of'' and inserting the
following:
``(c) Expedited Application and Approval Process.--
``(1) Free trade agreements in effect.--For purposes of'';
and
(2) by adding at the end the following:
``(2) Small-scale natural gas exports.--For purposes of
subsection (a), any application for the exportation of
natural gas in a volume that is equal to or less than
51,100,000,000 cubic feet per year of natural gas shall be--
``(A) deemed to be consistent with the public interest; and
``(B) granted without modification or delay.
``(3) Exclusions.--Paragraphs (1) and (2) shall not apply
to any nation subject to sanctions imposed by the United
States.''.
______
SA 2952. Ms. MURKOWSKI (for herself and Mr. Sullivan) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title I of division A, add the following:
Sec. 1__. Section 2008(c) of the Water Resources
Development Act of 2007 (33 U.S.C. 2340(c)) is amended by
striking ``before, on, or after'' and inserting ``on or
after''.
______
SA 2953. Mrs. HYDE-SMITH submitted an amendment intended to be
proposed to amendment SA 2910 proposed by Mr. Shelby to the bill H.R.
5895, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes; which was ordered to lie on the table; as follows:
On page 85, line 18, insert ``: 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''
before the period.
______
SA 2954. Mr. YOUNG submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. ANNUAL ASSESSMENT AND RATING OF NURSING HOMES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the
following:
``Sec. 7330D. Annual assessment and rating of nursing homes
``(a) In General.--The Secretary shall conduct an annual
assessment of all nursing homes operated by the Department
and prepare ratings and rankings of all such nursing homes.
``(b) Elements of Ratings and Rankings.--The nursing home
ratings and rankings prepared by the Secretary under
subsection (a) shall, at a minimum, include the following
information:
``(1) The metrics and criteria for determining the ranking
of a nursing home of the Department.
``(2) An identification and review of any categories
comprising the overall ranking of a nursing home of the
Department.
``(3) An identification of the division or business unit of
the Department responsible for conducting the assessment
under subsection (a) and determining rankings of nursing
homes.
``(4) An explanation of the methods used by such division
or business unit in conducting the assessment and determining
the rankings.
``(5) A comparison of the current rankings of nursing homes
of the Department with all previous rankings of the
Department for such nursing homes.
``(6) An identification of a high-risk list consisting of
the lowest-ranked nursing homes of the Department.
``(7) An analysis of how the ratings of nursing homes of
the Department compare to private sector nursing homes rated
by the Centers for Medicare & Medicaid Services.
``(c) Publication.--Not less frequently than annually, the
Secretary shall publish the ratings and rankings prepared
under subsection (a), including the information required by
subsection (b), on a publicly available Internet website of
the Department.
``(d) Report.--Not less frequently than annually, upon the
publication of the annual ratings and rankings under
subsection (c), the Secretary shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report
that includes the following:
``(1) An action plan for improving the quality of care and
ranking of the nursing homes of the Department identified on
the high-risk list under subsection (b)(6).
``(2) An identification of the resources necessary to
implement corrective actions, including funding, stakeholder
support, and technology, and an identification of the senior
officials of the Department responsible for implementing
those corrective actions and supporting results.
``(3) An identification of metrics that can be used to
assess progress in improving nursing homes of the Department
and assign responsibility for tracking such progress,
including the mechanism to be used to keep senior leadership
of the Department informed about progress made or challenges
encountered.
``(4) A list of key outcomes and goals that demonstrate
progress in addressing the concerns with nursing homes of the
Department identified on the high-risk list under subsection
(b)(6).
``(5) An identification of timeframes for the improvement
of nursing homes of the Department, with overall and interim
milestones.''.
(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. Annual assessment and rating of nursing homes.''.
______
SA 2955. Ms. HASSAN (for herself and Mrs. Shaheen) submitted an
amendment intended to be proposed by her to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
Sec. 2__. 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
[[Page S4047]]
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.
______
SA 2956. Mr. COONS (for himself and Mr. Carper) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title I of division A, add the following:
SEC. 1___. LAND DISPOSAL, FORT DUPONT, DELAWARE.
(a) In General.--Notwithstanding any other provision of law
and subject to subsection (b), not later than 180 days after
the date of enactment of this Act, the Secretary of the Army
shall transfer--
(1) all right, title, and interest in and to a parcel of
land known as that part of the Original Acquisition (OADE)
Tract that includes the bed and banks of the Delaware Branch
Channel on the north side of the Fifth Street Bridge,
Delaware City, Delaware, containing approximately 31.6 acres
of land, to the Fort DuPont Redevelopment and Preservation
Corporation; and
(2) all right, title, and interest in and to the Fifth
Street Bridge, together with the land known as that part of
the Original Acquisition (OADE) Tract that includes the banks
and bed of the Delaware Branch Channel, Delaware City,
Delaware, containing approximately 0.27 acres of land, to the
State of Delaware.
(b) Conditions.--
(1) State approval.--Before making a transfer under
subsection (a), the Secretary of the Army shall ensure that
the Governor of Delaware agrees to the transfer.
(2) Toll-free bridge.--Before making a transfer under
subsection (a)(2), the Governor of Delaware shall agree to
ensure that no toll is imposed for use of the bridge referred
to in that subsection, in accordance with section 109 of the
River and Harbor Act of 1950 (33 U.S.C. 534).
(3) Survey.--The exact acreage and legal description of the
land to be transferred under subsection (a) shall be
determined by a survey satisfactory to the Secretary of the
Army and the Governor of Delaware.
______
SA 2957. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 2910 proposed by Mr. Shelby to the bill H.R.
5895, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division A, add the following:
Sec. 3. (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.
______
SA 2958. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 2910 proposed by Mr. Shelby to the bill H.R.
5895, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title III of division A, add the following:
Sec. 3__. (a) In this section:
(1) The term ``Commission'' means the Federal Energy
Regulatory Commission.
(2) The term ``pilot program'' means the natural gas demand
response pilot program established under subsection (b)(1).
(3) The term ``Secretary'' means the Secretary of Energy.
(b)(1) Not later than 150 days after the date of enactment
of this Act, the Secretary, in consultation with the
Commission, shall establish a natural gas demand response
pilot program to use the latest demand response technology
from the energy sector for natural gas--
(A) to reduce the cost of energy for consumers;
(B) to reduce market price volatility;
(C) to increase reliability of the energy system; and
(D) to achieve reductions in air emissions and other
benefits.
(2)(A) Except as provided in subparagraph (B), to be
eligible to participate in the pilot program, an entity shall
be--
(i) a gas utility, including a local distribution company;
(ii) a State public utilities commission;
(iii) an electric utility, including a local distribution
company;
(iv) a municipality;
(v) a large industrial consumer, large commercial consumer,
or retail marketer of natural gas; or
(vi) a third-party energy efficiency program administrator.
(B) An entity described in any of clauses (ii) through (v)
of subparagraph (A) shall not be eligible to participate in
the pilot program if the State law to which the entity is
subject specifically precludes the participation of the
entity in a natural gas demand response pilot program.
(3) The Secretary shall carry out the pilot program under
different scenarios, including in a region that is
experiencing fuel shortages or natural gas infrastructure
constraints that cause the cost of energy to increase for
consumers.
(4)(A) In carrying out the pilot program, the Secretary
shall collect data, including data on, with respect to the
regions in which the pilot program is carried out--
(i) the reduction in natural gas usage;
(ii) decreases in the frequency and severity of natural gas
infrastructure constraints; and
(iii) changes in energy costs and reliability.
(B) The Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report
describing--
(i) how to improve data collection;
(ii) the metrics that should be used to quantify natural
gas demand response usage; and
(iii) opportunities to improve the measurement and
verification of changes in natural gas consumption resulting
from natural gas demand response measures, including
opportunities to collect data that could be used to estimate
the quantity of natural gas that could be shifted through the
implementation of natural gas demand response measures.
(c)(1) On establishment of the pilot program under
subsection (b)(1), the Secretary shall submit to all relevant
eligible entities notice that the Secretary is accepting
applications for the pilot program.
(2)(A) Not later than 200 days after the date of enactment
of this Act, each eligible entity desiring certification to
participate in the pilot program shall submit to the
Secretary an application containing such information as the
Secretary may require.
(B) The Secretary may require as part of the application
under subparagraph (A) information on--
(i) the current energy prices and energy supply issues in
the region in which the eligible entity is located; and
(ii) how implementation of the pilot program in the region
in which the eligible entity is located can alleviate the
current energy prices and energy supply issues in the region.
(3) Not later than 250 days after the date of enactment of
this Act, the Secretary shall notify each eligible entity
that applied for certification under paragraph (2)(A) of
whether the eligible entity is certified to participate in
the pilot program.
(d) Termination.--The pilot program shall terminate on the
date that is 2 years after the date on which the pilot
program is established under subsection (b)(1).
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the pilot program $4,000,000.
______
SA 2959. Ms. KLOBUCHAR submitted an amendment intended to be proposed
by her to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title I of division C, add the following:
SEC. 1__. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE
CHEMICALS AS PART OF PERIODIC HEALTH
ASSESSMENTS AND OTHER PHYSICAL EXAMINATIONS OF
DEPARTMENT OF DEFENSE.
(a) Periodic Health Assessment.--The Secretary of Defense
shall ensure that any periodic health assessment provided to
members of the Armed Forces includes an evaluation of whether
the member has been--
(1) based or stationed at a location where an open burn pit
was used; or
(2) exposed to toxic airborne chemicals, including any
information recorded as part of
[[Page S4048]]
the Airborne Hazards and Open Burn Pit Registry.
(b) Separation History and Physical Examinations.--Section
1145(a)(5) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) The Secretary concerned shall ensure that each
physical examination of a member under subparagraph (A)
includes an assessment of whether the member was--
``(i) based or stationed at a location where an open burn
pit, as defined in subsection (c) of section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used;
or
``(ii) exposed to toxic airborne chemicals, including any
information recorded as part of the registry established by
the Secretary of Veterans Affairs under such section 201.''.
(c) Deployment Assessments.--Section 1074f(b)(2) of title
10, United States Code, is amended by adding at the end the
following new subparagraph:
``(D) An assessment of whether the member was--
``(i) based or stationed at a location where an open burn
pit, as defined in subsection (c) of section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used;
or
``(ii) exposed to toxic airborne chemicals, including any
information recorded as part of the registry established by
the Secretary of Veterans Affairs under such section 201.''.
(d) Sharing of Information.--
(1) DOD-VA.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly enter into a memorandum of
understanding providing for the sharing by the Department of
Defense with the Department of Veterans Affairs of the
results of covered evaluations regarding the exposure by a
member of the Armed Forces to toxic airborne chemicals.
(2) Registry.--If a covered evaluation of a member of the
Armed Forces establishes that the member was based or
stationed at a location where an open burn pit was used, or
the member was exposed to toxic airborne chemicals, the
member shall be enrolled in the Airborne Hazards and Open
Burn Pit Registry, unless the member elects to not so enroll.
(e) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit
Registry'' means the registry established by the Secretary of
Veterans Affairs 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).
(2) The term ``covered evaluation'' means--
(A) a periodic health assessment conducted in accordance
with subsection (a);
(B) a separation history and physical examination conducted
under section 1145(a)(5) of title 10, United States Code, as
amended by this section; and
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by this section.
(3) The term ``open burn pit'' has the meaning given that
term in section 201(c) of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-
260; 38 U.S.C. 527 note).
______
SA 2960. Ms. KLOBUCHAR (for herself and Mr. Tillis) submitted an
amendment intended to be proposed by her to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. 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.
(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.''.
______
SA 2961. Mr. TESTER (for himself and Mr. Daines) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place in division A, insert the
following:
Sec. ___. 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''.
[[Page S4049]]
______
SA 2962. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed by her to the bill H.R. 5895, making appropriations for energy
and water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At end of title II of division A, add the following:
SEC. 203. COLORADO RIVER SYSTEM WATER PILOT PROJECTS.
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 ``2022; Provided, 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''.
SEC. 204. WATER MANAGEMENT IMPROVEMENT.
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''.
______
SA 2963. Mr. SANDERS (for himself and Mr. Nelson) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
On page 22, line 25, strike the period and insert the
following: ``: 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.''.
______
SA 2964. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. PROGRAM ON USE OF WELLNESS PROGRAMS AS
COMPLEMENTARY APPROACH TO MENTAL HEALTH CARE
FOR VETERANS AND FAMILY MEMBERS OF VETERANS.
(a) Program Required.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a program through the award of grants to public or
private nonprofit entities to assess the feasibility and
advisability of using wellness programs to complement the
provision of mental health care to veterans and family
members eligible for counseling under section 1712A(a)(1)(C)
of title 38, United States Code.
(2) Matters to be addressed.--The program shall be carried
out so as to assess the following:
(A) Means of improving coordination between Federal, State,
local, and community providers of health care in the
provision of mental health care to veterans and family
members described in paragraph (1).
(B) Means of enhancing outreach, and coordination of
outreach, by and among providers of health care referred to
in subparagraph (A) on the mental health care services
available to veterans and family members described in
paragraph (1).
(C) Means of using wellness programs of providers of health
care referred to in subparagraph (A) as complements to the
provision by the Department of Veterans Affairs of mental
health care to veterans and family members described in
paragraph (1).
(D) Whether wellness programs described in subparagraph (C)
are effective in enhancing the quality of life and well-being
of veterans and family members described in paragraph (1).
(E) Whether wellness programs described in subparagraph (C)
are effective in increasing the adherence of veterans
described in paragraph (1) to the primary mental health
services provided such veterans by the Department.
(F) Whether wellness programs described in subparagraph (C)
have an impact on the sense of wellbeing of veterans
described in paragraph (1) who receive primary mental health
services from the Department.
(G) Whether wellness programs described in subparagraph (C)
are effective in encouraging veterans receiving health care
from the Department to adopt a more healthy lifestyle.
(b) Duration.--The Secretary shall carry out the program
for a period of three years beginning on the date that is one
year after the date of the enactment of this Act.
(c) Locations.--The Secretary shall carry out the program
at facilities of the Department providing mental health care
services to veterans and family members described in
subsection (a)(1).
(d) Grant Proposals.--
(1) In general.--A public or private nonprofit entity
seeking the award of a grant under this section shall submit
an application therefor to the Secretary in such form and in
such manner as the Secretary may require.
(2) Application contents.--Each application submitted under
paragraph (1) shall include the following:
(A) A plan to coordinate activities under the program, to
the extent possible, with Federal, State, and local providers
of services for veterans to enhance the following:
(i) Awareness by veterans of benefits and health care
services provided by the Department.
(ii) Outreach efforts to increase the use by veterans of
services provided by the Department.
(iii) Educational efforts to inform veterans of the
benefits of a healthy and active lifestyle.
(B) A statement of understanding from the entity submitting
the application that, if selected, such entity will be
required to report to the Secretary periodically on
standardized data and other performance data necessary to
evaluate individual outcomes and to facilitate evaluations
among entities participating in the program.
(C) Other requirements that the Secretary may prescribe.
(e) Grant Uses.--
(1) In general.--A public or private nonprofit entity
awarded a grant under this section shall use the award for
purposes prescribed by the Secretary.
(2) Eligible veterans and family.--In carrying out the
purposes prescribed by the Secretary in paragraph (1), a
public or private nonprofit entity awarded a grant under this
section shall use the award to furnish services only to
individuals specified in section 1712A(a)(1)(C) of title 38,
United States Code.
(f) Reports.--
(1) Periodic reports.--
(A) In general.--Not later than 180 days after the date of
the commencement of the program, and every 180 days
thereafter, the Secretary shall submit to Congress a report
on the program.
(B) Report elements.--Each report required by subparagraph
(A) shall include the following:
(i) The findings and conclusions of the Secretary with
respect to the program during the 180-day period preceding
the report.
(ii) An assessment of the benefits of the program to
veterans and their family members during the 180-day period
preceding the report.
(2) Final report.--Not later than 180 days after the end of
the program, the Secretary shall submit to Congress a report
detailing the recommendations of the Secretary as to the
advisability of continuing or expanding the program.
(g) Wellness Defined.--In this section, the term
``wellness'' has the meaning given that term in regulations
prescribed by the Secretary.
______
SA 2965. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. CLARIFICATION THAT VETERANS ARE NOT LIABLE FOR
AMOUNTS IMPROPERLY PAID TO FAMILY CAREGIVERS
DUE TO AN ERROR MADE BY THE DEPARTMENT OF
VETERANS AFFAIRS.
Section 1720G(a) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(12) If a family caregiver of an eligible veteran is
found to be ineligible for the program required by paragraph
(1) due to an error made by the Department, the eligible
veteran shall not be liable for any payments made by the
Department to the family caregiver.''.
______
SA 2966. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. PILOT PROGRAM ON PROVISION OF MEDICALLY-TAILORED
MEALS TO VETERANS.
(a) In General.--The Secretary of Veterans Affairs shall
conduct a pilot program to assess the feasibility and
advisability of providing medically-tailored meals for
veterans living with one or more chronic conditions that may
be improved as follows by access to a healthy diet:
(1) Improvement in the health of the veteran, as measured
by--
(A) a health outcome measure associated with the identified
chronic condition or the overall health of the veteran;
(B) a reduction on the reliance of the veteran on
medication to control the identified chronic condition;
(C) the perception by the veteran of their overall health
and wellness; and
[[Page S4050]]
(D) such other measures as determined by the Secretary to
be clinically significant in coordination with the Secretary
of Health and Human Services.
(2) The reduction of individual and household food
insecurity.
(3) The increased consumption of domestic fruits and
vegetables.
(b) Grants.--
(1) In general.--In carrying out the pilot program, the
Secretary may award grants to programs receiving Federal
funding and serving veterans, including the following:
(A) An emergency feeding organization (as defined in
section 201A of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501)).
(B) A federally-qualified health center (as defined in
section 1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
(C) A facility operated by the Indian Health Service or the
governing body of an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)).
(D) An institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)).
(2) Grant duration.--The period covered by a grant awarded
under paragraph (1) may not be less than two years.
(c) Duration of Program.--
(1) In general.--The Secretary shall carry out the pilot
program for a period of five years beginning on the date that
is one year after the date of the enactment of this Act.
(2) Individual participation.--Veterans participating in
the pilot program shall participate in the pilot program for
a period of not less than one year.
(d) Location.--The pilot program shall be carried out at
not fewer than 10 locations in 10 different States.
(e) Program Requirements.--In carrying out the pilot
program, the Secretary shall include the following program
requirements:
(1) A methodology for how the pilot program would be
targeted to low-income veterans and households with
individuals with one or more chronic conditions.
(2) A plan for screening and enrolling veterans in the
pilot program.
(3) A methodology for the evaluation of participants in the
pilot program at the time of enrollment, after six months,
and after one year of participation focused on the purposes
of the pilot program under subsection (a), including--
(A) a comprehensive health assessment of each participant;
(B) an evaluation of each participant's perception of their
wellness;
(C) an assessment of the eligibility of the participant and
the participation of the participant in programs of the
Federal Government designed to reduce food insecurity,
including the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) and the Meals on Wheels program; and
(D) an assessment of the eligibility of the participant and
the participation of the participant in programs of the
Federal Government designed to provide access to health care,
including the Medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.), the Medicaid
program under title XIX of such Act (42 U.S.C. 1396 et seq.),
and health insurance purchased through a health insurance
exchange under title I of the Patient Protection and
Affordable Care Act (Public Law 111-148).
(4) The inclusion of nutrition education opportunities for
participants.
(5) A methodology for the collection and aggregation of
data for purposes of analyzing the benefit of medically-
tailored meals on participants.
(f) Report to Congress.--Not later than 180 days after the
completion of the pilot program, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report detailing the recommendations of the
Secretary as to the feasibility and advisability of
continuing or expanding the pilot program, based on the
following:
(1) The improvement of health outcomes of participants in
the pilot program.
(2) The reduction in the reliance of such participants on
medications to control identified chronic conditions.
(3) The reduction of health care costs for Federal agencies
resulting from the pilot program.
(4) The overall impact of the pilot program on spending in
other programs of the Federal Government that are utilized by
such participants.
(g) Funding.--There is authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years
2019 through 2023.
(h) Definitions.--In this section:
(1) Medically-tailored meals.--The term ``medically-
tailored meals'' means meals or food packages designed by a
registered dietitian or other nutrition professional to be
beneficial for someone with one or more chronic conditions.
(2) Wellness.--The term ``wellness'' has the meaning given
that term by the Secretary of Health and Human Services and
incorporates the eight dimensions of wellness set forth by
the Substance Abuse and Mental Health Service Administration
of the Department of Health and Human Services.
______
SA 2967. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. CONSTRUCTION OR LEASE OF DENTAL CLINICS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall
construct or lease a dental clinic of the Department of
Veterans Affairs in any State that does not have a facility
of the Department that offers on-site dental services.
(b) Facility of the Department Defined.--In this section,
the term ``facility of the Department'' has the meaning given
the term ``facilities of the Department'' in section 1701 of
title 38, United States Code.
(c) Funding.--
(1) In general.--No new amounts are authorized to be
appropriated to carry out this section.
(2) Use of existing amounts.--Not less than $5,000,000 and
not more than $10,000,000 of the amounts appropriated to the
Department of Veterans Affairs under this Act for
construction shall be used to carry out this section.
______
SA 2968. Mrs. GILLIBRAND submitted an amendment intended to be
proposed to amendment SA 2910 proposed by Mr. Shelby to the bill H.R.
5895, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes; which was ordered to lie on the table; as follows:
On page 50, between lines 17 and 18, insert the following:
(i) West Valley Demonstration Project.--All radioactive
waste at the high-level radioactive waste management
demonstration project at the Western New York Service Center
in West Valley, New York, carried out under the West Valley
Demonstration Project Act (42 U.S.C. 2021a note; Public Law
96-368) shall be considered to be waste resulting from atomic
energy defense activities, as defined in section 2 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
______
SA 2969. Mrs. GILLIBRAND submitted an amendment intended to be
proposed to amendment SA 2910 proposed by Mr. Shelby to the bill H.R.
5895, making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title III of division A
(relating to the Department of Energy), under the heading
``General Provisions--Department of Energy'', insert the
following:
Sec. 3__. (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.
______
SA 2970. Mrs. FEINSTEIN (for herself and Mr. Reed) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title III of division A, add the following:
Sec. 305. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to
commence the engineering development phase, or any subsequent
phase, of the development of a low-yield nuclear weapon
unless such development is specifically authorized by an Act
of Congress.
______
SA 2971. Mr. TESTER (for himself, Ms. Baldwin, Mrs. Murray, Mr.
Isakson, Ms. Duckworth, Mr. Blumenthal, Ms. Hirono, Mrs. Gillibrand,
Mr.
[[Page S4051]]
Manchin, and Mr. King) submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II of division C, insert
the following:
SEC. ___. INSPECTORS GENERAL.
(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.
______
SA 2972. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title III of division A, insert the
following:
Sec. 305. (a) Of the funds appropriated by this Act or
otherwise made available for fiscal year 2019 for the W76-2
warhead modification program, not more than 50 percent may be
obligated or expended until the date on which the Secretary
of Energy and the Secretary of Defense jointly submit to the
congressional defense committees a report--
(1) assessing the potential effects of the modification of
the W76-2 warhead and the development of a low-yield nuclear
warhead for submarine-launched ballistic missiles on
strategic stability;
(2) providing evidence for the conclusion in the 2018
Nuclear Posture Review that adversaries have a ``mistaken
perception of an exploitable `gap' '' in United States
regional deterrence capabilities; and
(3) assessing options--
(A) to reduce the risk of miscalculation associated with
adversaries being unable to distinguish between a submarine-
launched ballistic missile carrying a low-yield warhead and
such a missile carrying several high-yield warheads; and
(B) to preserve the survivability and the second-strike
capability of ballistic missile submarines without increasing
risk.
(b) The report described in subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
(c) In this section, the term ``congressional defense
committees'' has the meaning given that term in section
101(a)(16) of title 10, United States Code.
______
SA 2973. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title I of division A, add the following:
Sec. 1__. None of the funds made available by this Act may
be used by the Secretary of the Army--
(1) to enforce any requirements of the Rough River Lake
Flowage Easement Encroachment Resolution Plan of the Corps of
Engineers, dated January 2017; or
(2) to exercise any eminent domain power under that Plan.
______
SA 2974. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title I of division A, add the following:
Sec. 1__. None of the funds made available by this Act may
be used by the Secretary of the Army to complete the survey
around Rough River Lake, Kentucky, by the Corps of Engineers
for the purposes of the Rough River Lake Flowage Easement
Encroachment Resolution Plan of the Corps of Engineers, dated
January 2017.
______
SA 2975. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title I of division A, add the following:
Sec. 1__. None of the funds made available by this Act may
be used to carry out any water supply reallocation study for
the Wolf Creek Dam, Lake Cumberland, Kentucky, project
authorized under the Act of July 24, 1946 (60 Stat. 636, ch.
595).
______
SA 2976. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title I of division A, add the following:
Sec. 1__. None of the funds made available by this Act may
be used to carry out the final rule issued by the
Administrator of the Environmental Protection Agency and the
Secretary of the Army entitled ``Clean Water Rule: Definition
of `Waters of the United States' '' (80 Fed. Reg. 37054 (June
29, 2015)).
______
SA 2977. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title V of division A, insert the following:
Sec. 5__. Notwithstanding any other provision of this Act,
each amount provided by this division is reduced by such
amount as is necessary to ensure that the amount is equal to
the lower of--
(1) the amount described in the budget request submitted to
Congress by the President for the applicable heading,
program, or account; and
(2) the amount recommended by the Committees on
Appropriations of the Senate and the House of Representatives
for the applicable heading, program, or account.
______
SA 2978. Mr. THUNE (for himself, Mr. Durbin, Mr. Alexander, Ms.
Klobuchar, Mr. Rounds, and Mr. Grassley) submitted an amendment
intended to be proposed to amendment SA 2910 proposed by Mr. Shelby to
the bill H.R. 5895, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2019, and for other purposes; which was ordered to lie on the
table; as follows:
Beginning on page 4, strike line 18 and all that follows
through page 16, line 25, and insert the following:
ment 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.
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
[[Page S4052]]
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
[[Page S4053]]
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)).
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.
______
SA 2979. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title III of division A, add the following:
Sec. 3__. (a) Pursuant to the special message transmitted
by the President on May 8, 2018, to the Senate and the House
of Representatives proposing the rescission of budget
authority under section 1012 of part B of title X of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 683), the rescissions described in subsection (b)
shall take effect immediately on the date of enactment of
this Act.
(b) The rescissions referred to in subsection (a) are as
follows:
(1) Any unobligated balances of amounts provided by section
129 of the Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009 (Public Law 110-329; 122
Stat. 3578) for the cost of direct loans under section 136(d)
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17013(d)) are rescinded.
(2) Of the unobligated balances made available by section
1425 of the Department of Defense and Full-Year Continuing
Appropriations Act, 2011 (Public Law 112-10; 125 Stat. 126)
for the cost of loan guarantees for renewable energy or
efficient end-use energy technologies under section 1703 of
the Energy Policy Act of 2005 (42 U.S.C. 16513), $160,682,760
are rescinded.
(3) Any unobligated balances of amounts made available
under the heading ``Title 17--Innovative Technology Loan
Guarantee Program'' under the heading ``ENERGY PROGRAMS''
under the heading ``DEPARTMENT OF ENERGY'' in title IV of
division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5; 123 Stat. 140) for the cost of
guaranteed loans authorized by section 1705 of the Energy
Policy Act of 2005 (42 U.S.C. 16516) are rescinded.
______
SA 2980. Mr. HEINRICH (for himself and Mr. Gardner) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title III, add the following:
Sec. 3____. 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).
______
SA 2981. Mr. DURBIN (for Ms. Duckworth) submitted an amendment
intended to be proposed to amendment SA 2910 proposed by Mr. Shelby to
the bill H.R. 5895, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2019, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place in division C, insert the
following:
SEC. ___. PILOT PROGRAM TO EXTEND PAVEMENT LIFE.
(a) Authority.--The Secretary of the Army may carry out a
pilot program to design, build, and test technologies and
innovative pavement materials in order to extend the service
life of military roads and runways.
(b) Scope.--The pilot program authorized by subsection (a)
shall include the following:
(1) The design, test and assembly of technologies and
systems suitable for pavement applications.
(2) Research, development, and testing of new pavement
materials for road and runway use in different geographic
areas in the United States.
(3) Design and procurement of platforms and equipment to
test performance, cost, feasibility, and effectiveness.
(c) Competition Requirements.--Any award of a contract or
grant under the pilot program authorized by subsection (a)
shall be made using merit-based selection procedures.
(d) Report.--
(1) In general.--Not later than two years after the
commencement of the pilot program, the Secretary of the Army
shall submit to the congressional defense committees a report
on the pilot program.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the effectiveness of activities under
the pilot program in improving the service life of military
roads and runways.
(B) An analysis of potential lifetime cost-savings
associated with the extended service life of the runways and
roads as well as potential reduction in energy demands.
(e) Termination of Authority.--The authorities under this
section shall terminate on September 30, 2024.
______
SA 2982. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
On page 66, between lines 13 and 14, insert the following:
transit benefits for interns
Sec. 104. Section 7905(a) of title 5, United States Code,
is amended--
(1) in paragraph (1), by inserting ``, a Senate intern''
before ``, and a student'';
(2) in paragraph (3), by striking ``and'' at the end;
(3) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(5) the term `Senate intern' means an individual--
``(A) who serves in the office of a Senator or a committee
of the Senate on a temporary basis for a period not to exceed
12 months (without regard to whether the individual is
compensated for the service); and
``(B) whose service is primarily for the educational
experience of the individual.''.
______
SA 2983. Mr. BENNET (for himself, Mr. Gardner, and Ms. Duckworth)
[[Page S4054]]
submitted an amendment intended to be proposed to amendment SA 2910
proposed by Mr. Shelby to the bill H.R. 5895, making appropriations for
energy and water development and related agencies for the fiscal year
ending September 30, 2019, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of title III of division A, add the following:
Sec. 3__. (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).
______
SA 2984. Mr. TESTER submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place in title II of division C, insert
the following:
SEC. ___. PILOT PROGRAM ON COMMUNITY CARE COORDINATION AND
SUPPORTIVE SERVICES FOR FAMILIES OF VETERANS
AND MEMBERS OF RESERVE COMPONENTS OF THE ARMED
FORCES WHO LACK ADEQUATE ACCESS TO SERVICES.
(a) Pilot Program Required.--
(1) In general.--Commencing not later than one year after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall, after consultation with the Secretary
of Defense, carry out a pilot program with community partners
to assess the feasibility and advisability of providing
intensive community care coordination and supportive services
to covered families who lack adequate access to services
furnished by the Department of Veterans Affairs or other
entities of Federal, State, and local governments.
(2) Limitation.--The Secretary shall ensure that no
coordination or supportive service is provided under the
pilot program to a covered family unless the Secretary has
certified that the Department cannot otherwise provide the
coordination or supportive service to the covered family,
including by a telehealth or other function of the
Department.
(b) Community Care Coordination and Supportive Services
Described.--For purposes of the pilot program, intensive
community care coordination and supportive services are
services provided by a community partner to improve the well-
being and address the needs of covered families who live in
rural or underserved areas or who otherwise lack access to
adequate services furnished by the Department of Veterans
Affairs, the Federal Government, or State and local
governments. Intensive community care coordination and
supportive services may include the following:
(1) Care coordination and case management services.
(2) Outreach services.
(3) Assistance in obtaining any benefits from the
Department which the veteran (or member of a reserve
component of the Armed Forces) may be eligible to receive,
including the following:
(A) Vocational and rehabilitation counseling.
(B) Employment and training services.
(C) Educational assistance.
(D) Health care services.
(4) Assistance in obtaining and coordinating the provision
of other public benefits or available services provided by
the Federal Government, State or local governments, or other
community partners, including the following:
(A) Marriage counseling.
(B) Services for children.
(C) Suicide prevention.
(D) Substance abuse awareness and treatment.
(E) Mental health awareness and treatment.
(F) Financial counseling.
(G) Employment assistance.
(H) Transportation services.
(I) Child care.
(J) Housing counseling.
(K) Preparing and updating family care plans.
(L) Development of strategies for living with a veteran
with post traumatic stress disorder or traumatic brain
injury.
(M) Accessing emergency financial assistance through
philanthropic efforts.
(N) Such other services as may be appropriate to improve
the well-being and address the unique needs of veterans
families who live in rural or underserved areas or otherwise
lack access to adequate services furnished by the Department
of Veterans Affairs, the Federal Government, or State and
local governments.
(5) Providing direct services, described in paragraph (4),
that are necessary to address the needs of the covered
families but are otherwise unavailable through existing
public or private programs.
(c) Agreements and Grants.--
(1) Agreements.--The Secretary of Veterans Affairs shall
carry out the pilot program by entering into partnership
agreements with community partners to provide intensive
community care coordination and supportive services.
(2) Grants.--
(A) In general.--The Secretary shall, using a competitive
and merit-based process, award grants to community partners
with whom the Secretary has entered into agreements under
paragraph (1).
(B) Use of funds.--The amounts of grants awarded under
subparagraph (A) shall be used to provide intensive community
care coordination and supportive services under the pilot
program and to assess service delivery efficiencies.
(C) Locations.--The Secretary may award grants under
subparagraph (A) on an individual location basis and may
award grants for the provision of certain services at
locations that also provide other services.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of Veterans Affairs to
carry out the pilot program $5,000,000 for each of fiscal
years 2019, 2020, and 2021.
(e) Report.--
(1) In general.--Not later than 340 days before the
completion of the pilot program, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the results of the pilot program.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of covered families served under the pilot
program.
(B) The number of covered families who received service
linkages or referrals under the pilot program.
(C) A description and assessment of the effectiveness and
achievements of the pilot program with respect to services
and treatments and mitigation of risks, including risks
relating to homelessness, unemployment, and suicide.
(f) Definitions.--In this section:
(1) Community partner.--The term ``community partner''
means a private nonprofit organization.
(2) Covered family.--The term ``covered family'' means a
family with respect to which the head of the household or the
spouse of the head of the household is a veteran or a member
of a reserve component of the Armed Forces. A family that
consists of a single individual who is a veteran or a member
of a reserve component of the Armed Forces shall be
considered a covered family.
______
SA 2985. Mr. McCONNELL (for Ms. Baldwin (for herself and Mr.
Portman)) proposed an amendment to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; as follows:
On page 32, line 16, strike the period at the end and
insert the following: ``: 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.''.
______
SA 2986. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
On page 24, line 16, insert ``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,'' before ``That of such amount''.
______
SA 2987. Mr. PERDUE (for himself and Mr. Isakson) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title I of division A, add the following:
Sec. 1__. Of the funds made available under this title for
construction that are in excess of the amount requested for
that purpose in the budget of the United States Government
most recently submitted by the President under section 1105
of title 31, United States Code, not less than $100,000,000
shall be used for projects related to deep-draft navigation.
[[Page S4055]]
______
SA 2988. Mr. PERDUE (for himself and Mr. Isakson) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place in title V of division A, insert
the following:
Sec. 5__. None of the funds made available in this Act may
be used to reevaluate or revise any jurisdictional
determination for wetland delineations for the Atlantic and
Gulf Coast region that was valid as of January 1, 2008, or
that has an effective approval date of January 1, 2008,
through December 31, 2014.
______
SA 2989. Mr. PERDUE submitted an amendment intended to be proposed by
him to the bill H.R. 5895, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2019, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
SEC. __. PROHIBITION ON OFFICIAL TRAVEL BY MEMBERS OF
CONGRESS AND CONGRESSIONAL STAFF IF
APPROPRIATIONS NOT COMPLETED.
On and after October 1, 2018, if both Houses of Congress
have not approved all the regular appropriations bills for
fiscal year 2019, no amounts made available under this Act
may be obligated or expended for official travel by a Member
of Congress or an employee whose pay is disbursed by the
Secretary of the Senate or the Clerk of the House of
Representatives.
______
SA 2990. Mrs. GILLIBRAND (for herself, Ms. Baldwin, and Mr. Johnson)
submitted an amendment intended to be proposed to amendment SA 2910
proposed by Mr. Shelby to the bill H.R. 5895, making appropriations for
energy and water development and related agencies for the fiscal year
ending September 30, 2019, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of title I of division C, add the following:
Sec. ___. (a) Report.--Not later than December 31, 2019,
the Secretary of Air Force shall submit to the congressional
defense committees a report setting forth the results of a
review, conducted by the Secretary for purposes of the
report, of the analytical model used for strategic basing of
KC-46 aircraft.
(b) Particular Element.--The report shall include such
recommendations of the Secretary for the analytical model as
the Secretary considers appropriate in order to ensure that
the model addresses changes in refueling requirements along
the Northern Tier of the United States as a result of the
2018 National Defense Strategy and associated mobility
capability requirements, including, in particular, in
connection with the growth of activities in the Northern
Polar region by global and regional powers.
______
SA 2991. Ms. STABENOW (for herself, Ms. Baldwin, and Mr. Peters)
submitted an amendment intended to be proposed to amendment SA 2910
proposed by Mr. Shelby to the bill H.R. 5895, making appropriations for
energy and water development and related agencies for the fiscal year
ending September 30, 2019, and for other purposes; which was ordered to
lie on the table; as follows:
On page 50, between lines 17 and 18, insert the following:
SEC. 305. SENSE OF CONGRESS REGARDING THE CONSTRUCTION OF A
PERMANENT GEOLOGICAL REPOSITORY FOR NUCLEAR
WASTE AND RADIOACTIVE MATERIALS IN THE GREAT
LAKES BASIN.
(a) Findings.--Congress finds the following:
(1) The water resources of the Great Lakes Basin are
precious public natural resources, which are shared by the
Great Lakes States and the Canadian Provinces.
(2) Since 1909, the United States and Canada have worked to
maintain and improve the water quality of the Great Lakes
through water quality agreements.
(3) More than 40,000,000 people, in both Canada and the
United States, depend on fresh water from the Great Lakes for
drinking water.
(4) Ontario Power Generation is proposing to build a
permanent geological repository for nuclear waste less than 1
mile from Lake Huron in Kincardine, Ontario, Canada.
(5) Nuclear waste is highly toxic and can take tens of
thousands of years to decompose to safe levels.
(6) A spill of nuclear waste into the Great Lakes could
have lasting and severely adverse environmental, health, and
economic impacts on the Great Lakes and the people who depend
on the Great Lakes for their livelihood.
(7) At least 187 State, tribal, county, and local
governments have passed resolutions opposing Ontario Power
Generation's proposed nuclear waste repository.
(8) Tribes and First Nations' citizens have a strong
spiritual and cultural connection to the Great Lakes, and the
protection of the Great Lakes is fundamental to treaty
rights.
(9) Ontario Power Generation has promised not to move
forward with its current proposal without the support of the
First Nations that would be impacted.
(10) During the 1980s, when the Department of Energy, in
accordance with the Nuclear Waste Policy Act of 1982, was
studying potential sites for a permanent nuclear waste
repository in the United States, the Government of Canada
expressed concern with locating a permanent nuclear waste
repository within shared water basins of the 2 countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of Canada should not allow a permanent
nuclear waste repository to be built within the Great Lakes
Basin;
(2) the President, the Secretary of Energy, and the
Secretary of State should take appropriate action to work
with the Government of Canada to prevent a permanent nuclear
waste repository from being built within the Great Lakes
Basin; and
(3) the President, the Secretary of Energy, and the
Secretary of State should work together with the Government
of Canada to consider other avenues to identify safer and
more responsible solutions for addressing the long-term
storage of nuclear waste.
______
SA 2992. Mr. KENNEDY (for himself and Mr. Jones) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title II of division C, add the following:
Sec. 2__. 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.
______
SA 2993. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place in division C, insert the
following:
SEC. __. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS
AND LAWFUL PERMANENT RESIDENTS.
(a) In General.--Section 4001(a) of title 18, United States
Code, is amended to read as follows:
``(a) No citizen or lawful permanent resident of the United
States shall be imprisoned or otherwise detained by the
United States except consistent with the Constitution and
pursuant to an Act of Congress that expressly authorizes such
imprisonment or detention.''.
(b) Relationship to an Authorization To Use Military Force,
Declaration of War, or Similar Authority.--Section 4001 of
title 18, United States Code, as amended by subsection (a) is
further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b)(1) A general authorization to use military force, a
declaration of war, or any similar authority, on its own,
shall not be construed to authorize the imprisonment or
detention without charge or trial of a citizen or lawful
permanent resident of the United States apprehended in the
United States.
``(2) Paragraph (1) applies to an authorization to use
military force, a declaration of war, or any similar
authority enacted before, on, or after the date of the
enactment of the Due Process Guarantee Act.
``(3) This section shall not be construed to authorize the
imprisonment or detention of a citizen of the United States,
a lawful permanent resident of the United States, or any
other person who is apprehended in the United States.''.
______
SA 2994. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
Beginning on page 22, strike line 23 and all that follows
through page 24, line 15 and insert the following:
$2,330,000,000, 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, $256,000,000 shall be
used for grants under the weatherization assistance program
for low-
[[Page S4056]]
income persons established under part A of title IV of the
Energy Conservation and Production Act (42 U.S.C. 6861 et
seq.).
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.
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), $716,000,000, to remain available until
expended: Pro-
______
SA 2995. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895,
making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title II of division C, add the following:
SEC. 2__. DEMONSTRATION PROGRAM ON FURNISHING DENTAL HEALTH
CARE SERVICES FOR VETERANS IN RURAL AND OTHER
UNDERSERVED COMMUNITIES.
(a) In General.--The Secretary of Veterans Affairs shall
carry out a demonstration program to assess the feasibility
and advisability of furnishing dental health care services,
including through the use of alternative dental health care
providers, to increase access to such services for eligible
veterans who reside in rural and other underserved
communities.
(b) Locations.--
(1) In general.--The Secretary shall carry out the
demonstration program in not more than four rural States, as
determined by the Secretary.
(2) Priority.--The Secretary shall prioritize the
establishment of programs under the demonstration program
under this section in States that do not have a facility of
the Department of Veterans Affairs that offers on-site dental
services.
(c) Eligible Veterans.--A veteran is eligible for dental
health care services under the demonstration program under
this section if--
(1) the veteran is entitled to dental health care services
from the Department; or
(2) the veteran is enrolled in the system of patient
enrollment of the Department under section 1705 of title 38,
United States Code, but is not eligible for dental health
care services from the Department under authorities other
than this section.
(d) Telehealth.--For purposes of alternative dental health
care providers and other dental care providers who are
licensed to provide clinical care, dental services provided
under the demonstration program under this section may be
administered by such providers through telehealth-enabled
collaboration and supervision when appropriate and feasible.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out the
demonstration program under this section $20,000,000.
(f) Alternative Dental Health Care Providers Defined.--In
this section, the term ``alternative dental health care
providers'' has the meaning given that term in section 340G-
1(a)(2) of the Public Health Service Act (42 U.S.C. 256g-
1(a)(2)).
______
SA 2996. Mr. WARNER (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
On page 31, line 16, insert ``: 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)'' before the period.
______
SA 2997. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
On page 22, line 25, strike ``direction.'' and insert
``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.''.
______
SA 2998. Mr. HEINRICH (for himself and Mr. Udall) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title III of division A, add the following:
Sec. 305. (a) Not later than April 1, 2019, and annually
thereafter through 2025, the Chairperson of the Nuclear
Weapons Council established under section 179 of title 10,
United States Code, shall submit to the Secretary of Defense,
the Administrator for Nuclear Security, and the congressional
defense committees a written certification that the plutonium
pit production strategy recommended by the Administrator in a
letter to the congressional defense committees dated May 10,
2018, is on track to meet--
(1) the requirement to begin production of 30 war reserve
pits per year at Los Alamos National Laboratory, Los Alamos,
New Mexico, by 2026; and
(2) the timelines for demonstrating a capability to produce
an additional 50 war reserve plutonium pits per year, as
required by section 4219 of the Atomic Energy Defense Act (50
U.S.C. 2538a).
(b) In this section, the term ``congressional defense
committees'' has the meaning given that term in section
101(a)(16) of title 10, United States Code.
______
SA 2999. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title I of division A, add the following:
Sec. 106. 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.
______
SA 3000. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2019, and for other purposes;
which was ordered to lie on the table; as follows:
At the end of title I of division A, add the following:
Sec. 1__. (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--
[[Page S4057]]
(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 conflicts with the objectives of the
Plan;
(2) the diversion of those Lake Okeechobee discharges to
project 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;
(3) the peer-reviewed Dynamic Model for Everglades
Stormwater Treatment Areas developed by the Department of the
Interior is wholly satisfactory for demonstrating compliance
of congressionally authorized Plan projects with water
quality standards; and
(4) the Plan authorizes a 50/50 Federal-State cost share
for all aspects of congressionally authorized restoration
projects, including water quality projects.
______
SA 3001. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill H.R. 5895, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2019, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. IMPROVEMENTS TO AUTHORIZATION OF MONTHLY ASSISTANCE
FROM THE DEPARTMENT OF VETERANS AFFAIRS FOR
DISABLED VETERANS COMPETING FOR SLOTS ON THE
UNITED STATES OLYMPIC TEAM.
Subparagraph (B) of section 322(d)(1) of title 38, United
States Code, is amended to read as follows:
``(B) a veteran with a service-connected disability rated
as 30 percent or greater who is training to compete for a
slot on the United States Olympic Team and the Secretary
determines, on a case-by-case basis, is training at an elite
level or is invited by the United States Olympic Committee
(or a national governing body recognized by such committee
under section 220521 of title 36) to compete for a slot on,
or selected for, the United States Olympic Team for any month
in which the veteran is training or competing in any event
sanctioned by the United States Olympic Committee (or a
national governing body).''.
______
SA 3002. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill H.R. 5895, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2019, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO
MEMBERS OF THE ARMED FORCES AFTER SEPARATION,
RETIREMENT, OR DISCHARGE.
(a) In General.--The Secretary of Veterans Affairs shall,
in coordination with the Secretary of Labor, award grants to
eligible organizations for the provision of transition
assistance to members of the Armed Forces who are separated,
retired, or discharged from the Armed Forces, and spouses of
such members.
(b) Use of Funds.--The recipient of a grant under this
section shall use the grant to coordinate for members of the
Armed Forces and spouses described in subsection (a) the
following:
(1) Resume assistance.
(2) Interview training.
(3) Job recruitment training.
(4) Behavioral health services.
(5) Financial services.
(6) Legal assistance.
(7) Educational supportive services.
(8) Assistance with accessing benefits provided under laws
administered by the Secretary of Veterans Affairs.
(9) Non-clinical case management.
(10) Such other services that may be related to the
assistance and services set forth in this subsection as the
Secretary of Veterans Affairs determines may lead directly to
successful transition to civilian life.
(c) Eligible Organizations.--To be eligible for a grant
under this section, an organization shall submit to the
Secretary an application containing such information and
assurances as the Secretary, in consultation with the
Secretary of Labor, may require.
(d) Priority for Hubs of Services.--In awarding grants
under this section, the Secretary shall give priority to an
organization that provides multiple forms of services
described in subsection (b).
(e) Inclusion in Transition Assistance Program
Counseling.--The Secretary of the military department
concerned shall include in the information provided to a
member of the Armed Forces during Transition Assistance
Program information regarding any recipient of a grant under
this section that is located in the community in which that
member will reside after separation, retirement, or discharge
from the Armed Forces.
(f) Amount of Grant.--A grant under this section shall be
in an amount that does not exceed 50 percent of the amount
required by the organization to provide the services
described in subsection (b).
(g) Deadline.--The Secretary of Veterans Affairs shall
commence the awarding of grants under this section not later
than six months after the date of the enactment of this Act.
(h) Termination.--The authority to provide a grant under
this section shall terminate on the date that is five years
after the date on which the Secretary commences the awarding
of grants under this section.
(i) Derivation of Funds.--Amounts used to carry out this
section shall be derived from amounts appropriated or
otherwise made available for the General Administrative
Office of the Secretary of Veterans Affairs.
(j) Definitions.--In this section:
(1) Secretary concerned.--The term ``Secretary concerned''
has the meaning given such term in section 101 of title 10,
United States Code.
(2) Transition assistance program.--The term ``Transition
Assistance Program'' means the Transition Assistance Program
under sections 1142 and 1144 of title 10, United States Code.
______
SA 3003. Ms. MURKOWSKI (for herself and Mr. Manchin) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title III of division A, add the following:
Sec. 305. (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).
(d) If the period required for commencement of construction
of any project licensed by the Federal Energy Regulatory
Commission (referred to in this subsection as the
``Commission'') under part I of the Federal Power Act (16
U.S.C. 792 et seq.) has expired during the 3-year period
ending on the date of enactment of this Act--
(1) the Commission may reinstate the license for the
applicable project effective as of the date of expiration of
the license; and
(2) the first extension authorized under section 13 of the
Federal Power Act (16 U.S.C. 806) (as amended by subsection
(b)) shall take effect on that expiration.
Sec. 306. 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).
[[Page S4058]]
Sec. 307. (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. 308. (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. 309. (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. 310. (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. 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 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. 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 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. 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 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. 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 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.
[[Page S4059]]
______
SA 3004. Mr. TOOMEY (for himself and Mr. Young) submitted an
amendment intended to be proposed to amendment SA 2910 proposed by Mr.
Shelby to the bill H.R. 5895, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:
On page 101, between lines 2 and 3, insert the following:
SEC. 210. REPEAL OF MEDICAL DEVICE EXCISE TAX.
(a) In General.--Chapter 32 of the Internal Revenue Code of
1986 is amended by striking subchapter E.
(b) Conforming Amendments.--
(1) Subsection (a) of section 4221 of the Internal Revenue
Code of 1986 is amended by striking the last sentence.
(2) Paragraph (2) of section 6416(b) of such Code is
amended by striking the last sentence.
(c) Clerical Amendment.--The table of subchapters for
chapter 32 of the Internal Revenue Code of 1986 is amended by
striking the item related to subchapter E.
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