[House Report 115-929]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-929
_______________________________________________________________________
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2019, AND FOR OTHER PURPOSES
----------
CONFERENCE REPORT
to accompany
H.R. 5895
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 10, 2018.--Ordered to be printed
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-929
_______________________________________________________________________
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2019, AND FOR OTHER PURPOSES
__________
CONFERENCE REPORT
to accompany
H.R. 5895
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 10, 2018.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
31-415 WASHINGTON : 2018
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-929
======================================================================
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2019, AND FOR OTHER PURPOSES
_______
September 10, 2018.--Ordered to be printed
_______
Mr. Simpson, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 5895]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
5895), making appropriations for the energy and water
development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy and Water,
Legislative Branch, and Military Construction and Veterans
Affairs Appropriations Act, 2019''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
DIVISION A--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION B--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2019
Title I--Legislative Branch
Title II--General Provisions
DIVISION C--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2019
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--General Provisions
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2019.
DIVISION A--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related needs; for surveys
and detailed studies, and plans and specifications of proposed
river and harbor, flood and storm damage reduction, shore
protection, and aquatic ecosystem restoration projects, and
related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and,
when authorized by law, surveys and detailed studies, and plans
and specifications of projects prior to construction,
$125,000,000, to remain available until expended: Provided,
That the Secretary shall initiate six new study starts during
fiscal year 2019: Provided further, That the Secretary shall
not deviate from the new starts proposed in the work plan, once
the plan has been submitted to the Committees on Appropriations
of both Houses of Congress.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects authorized
by law; for conducting detailed studies, and plans and
specifications, of such projects (including those involving
participation by States, local governments, or private groups)
authorized or made eligible for selection by law (but such
detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,183,000,000, 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 the Secretary
shall initiate five new construction starts during fiscal year
2019: Provided further, That for new construction projects,
project cost sharing agreements shall be executed as soon as
practicable but no later than September 30, 2019: Provided
further, That no allocation for a new start shall be considered
final and no work allowance shall be made until the Secretary
provides to the Committees on Appropriations of both Houses of
Congress an out-year funding scenario demonstrating the
affordability of the selected new starts and the impacts on
other projects: Provided further, That the Secretary may not
deviate from the new starts proposed in the work plan, once the
plan has been submitted to the Committees on Appropriations of
both Houses of Congress.
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,
$368,000,000, to remain available until expended, of which such
sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for inland harbors shall be
derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related projects
authorized by law; providing security for infrastructure owned
or operated by the Corps, including administrative buildings
and laboratories; maintaining harbor channels provided by a
State, municipality, or other public agency that serve
essential navigation needs of general commerce, where
authorized by law; surveying and charting northern and
northwestern lakes and connecting waters; clearing and
straightening channels; and removing obstructions to
navigation, $3,739,500,000, 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, $150,000,000, 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 25 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 joint explanatory
statement 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.
Sec. 102. The Secretary shall allocate funds made
available in this Act solely in accordance with the provisions
of this Act and the joint explanatory statement accompanying
this Act, including the determination and designation of new
starts.
Sec. 103. 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 section 101.
Sec. 104. 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. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material, after
evaluating the least costly, environmentally acceptable manner
for the disposal or management of dredged material originating
from Lake Erie or tributaries thereto, unless it is approved
under a State water quality certification pursuant to section
401 of the Federal Water Pollution Control Act (33 U.S.C.
1341): Provided, That until an open lake placement alternative
for dredged material is approved under a State water quality
certification, the Corps of Engineers shall continue upland
placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development
Act of 1986 (33 U.S.C. 2211).
Sec. 106. 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. 107. None of the funds made available by this Act may
be used to carry out any water supply reallocation study under
the Wolf Creek Dam, Lake Cumberland, Kentucky, project
authorized under the Act of July 24, 1946 (60 Stat. 636, ch.
595).
Sec. 108. None of the funds made available by this Act may
be used to require a permit for the discharge of dredged or
fill material under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) for the activities identified in
subparagraphs (A) and (C) of section 404(f)(1) of the Act (33
U.S.C. 1344(f)(1)(A), (C)).
Sec. 109. For fiscal year 2019, none of the funds provided
in this Act or available in the revolving fund established by
the Civil Functions Appropriations Act of 1954 (33 U.S.C.
576(a)) may be obligated or expended on a new hopper dredge.
Sec. 110. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the
Civil Works functions or authority of the Corps of Engineers or
the Secretary of the Army to another department or agency.
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, $1,391,992,000, to remain available until expended, of
which $67,393,000 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.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $62,008,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575: Provided
further, That none of the funds made available under this
heading may be used for the acquisition or leasing of water for
in-stream purposes if the water is already committed to in-
stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior,
$35,000,000, to remain available until expended, of which such
amounts as may be necessary to carry out such activities may be
transferred to appropriate accounts of other participating
Federal agencies to carry out authorized purposes: Provided,
That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided
further, That CALFED implementation shall be carried out in a
balanced manner with clear performance measures demonstrating
concurrent progress in achieving the goals and objectives of
the Program.
policy and administration
For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the Denver
office, and offices in the five regions of the Bureau of
Reclamation, to remain available until September 30, 2020,
$61,000,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed five passenger motor
vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous or subsequent appropriations Acts to the agencies or
entities funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure
in fiscal year 2019, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or
activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the
Committees on Appropriations of the House of
Representatives and the Senate;
(4) restarts or resumes any program, project or
activity for which funds are not provided in this Act,
unless prior approval is received from the Committees
on Appropriations of the House of Representatives and
the Senate;
(5) transfers funds in excess of the following
limits, unless prior approval is received from the
Committees on Appropriations of the House of
Representatives and the Senate:
(A) 15 percent for any program, project or
activity for which $2,000,000 or more is
available at the beginning of the fiscal year;
or
(B) $400,000 for any program, project or
activity for which less than $2,000,000 is
available at the beginning of the fiscal year;
(6) transfers more than $500,000 from either the
Facilities Operation, Maintenance, and Rehabilitation
category or the Resources Management and Development
category to any program, project, or activity in the
other category, unless prior approval is received from
the Committees on Appropriations of the House of
Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled
contractor claims, increased contractor earnings due to
accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term transfer means
any movement of funds into or out of a program, project, or
activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of the
House of Representatives and the Senate detailing all the funds
reprogrammed between programs, projects, activities, or
categories of funding. The first quarterly report shall be
submitted not later than 60 days after the date of enactment of
this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to
minimize any detrimental effect of the San Luis drainage
waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable
or nonreimbursable and collected until fully repaid pursuant to
the ``Cleanup Program--Alternative Repayment Plan'' and the
``SJVDP--Alternative Repayment Plan'' described in the report
entitled ``Repayment Report, Kesterson Reservoir Cleanup
Program and San Joaquin Valley Drainage Program, February
1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United
States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully
reimbursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal reclamation law.
Sec. 203. Hereinafter, notwithstanding any other provision
of law, during the period from November 1 through April 30,
water users may use their diversion structures for the purpose
of recharging the Eastern Snake Plain Aquifer, when the
Secretary, in consultation with the Advisory Committee and
Water District 1 watermaster, determines there is water
available in excess of that needed to satisfy existing Minidoka
Project storage and hydropower rights and ensure operational
flexibility.
Sec. 204. Section 9001(d) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1295) is
amended by striking ``10'' and inserting ``20''.
Sec. 205. (a) Section 206(c)(2) of the Energy and Water
Development and Related Agencies Appropriations Act, 2015 (43
U.S.C. 620 note; Public Law 113-235) is amended by striking
``2018.'' and inserting the following: ``2022: Provided, That
the Secretary shall not fund pilot projects in the Upper
Colorado River Basin without the participation of the Upper
Colorado River Division States, acting through the Upper
Colorado River Commission.''.
(b) Section 9504(e) of the Secure Water Act of 2009 (42
U.S.C. 10364(e)) is amended by striking ``$450,000,000'' and
inserting ``$480,000,000''.
Sec. 206. Section 9 of the Fort Peck Reservation Rural
Water System Act of 2000 (Public Law 106-382; 114 Stat. 1457,
123 Stat. 2856, 128 Stat. 164) is amended by striking ``2020''
each place it appears in subsections (a)(1) and (b) and
inserting ``2026''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $2,379,000,000, to remain available
until expended: Provided, That of such amount, $162,500,000
shall be available until September 30, 2020, for program
direction.
Cybersecurity, Energy Security, 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, and emergency response 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,
$120,000,000, to remain available until expended: Provided,
That of such amount, $11,500,000 shall be available until
September 30, 2020, for program direction.
Electricity Delivery
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for 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, $156,000,000, to remain available until expended:
Provided, That of such amount, $17,000,000 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, $1,326,090,000, 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), $740,000,000, to remain available until
expended: Provided, That of such amount $61,070,000 shall be
available until September 30, 2020, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $10,000,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, unobligated funds
remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy and
Conservation Act (42 U.S.C. 6201 et seq.), $235,000,000, to
remain available until expended: Provided, That, as authorized
by section 404 of the Bipartisan Budget Act of 2015 (Public Law
114-74; 42 U.S.C. 6239 note), the Secretary of Energy shall
draw down and sell not to exceed $300,000,000 of crude oil from
the Strategic Petroleum Reserve in fiscal year 2019: Provided
further, That the proceeds from such drawdown and sale shall be
deposited into the ``Energy Security and Infrastructure
Modernization Fund'' during fiscal year 2019: Provided
further, That such amounts shall be made available and shall
remain available until expended for necessary expenses to carry
out the Life Extension II project for the Strategic Petroleum
Reserve.
SPR Petroleum Account
For the acquisition, transportation, and injection of
petroleum products, and for other necessary expenses pursuant
to the Energy Policy and Conservation Act of 1975, as amended
(42 U.S.C. 6201 et seq.), sections 403 and 404 of the
Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), and
section 5010 of the 21st Century Cures Act (Public Law 114-
255), $10,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $10,000,000, to remain available
until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$125,000,000, to remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $310,000,000, to remain available
until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $841,129,000, to
be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $11,000,000 shall be available in accordance with title
X, subtitle A, of the Energy Policy Act of 1992, including for
the purchase of not to exceed one ambulance for replacement
only.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, and
purchase of not more than 16 passenger motor vehicles including
one bus, and one airplane for replacement only, $6,585,000,000,
to remain available until expended: Provided, That of such
amount, $183,000,000 shall be available until September 30,
2020, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America
COMPETES Act (Public Law 110-69), $366,000,000, to remain
available until expended: Provided, That of such amount,
$31,250,000 shall be available until September 30, 2020, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b) of the Energy Policy Act
of 2005 under this heading in prior Acts, shall be collected in
accordance with section 502(7) of the Congressional Budget Act
of 1974: Provided, That for necessary administrative expenses
of the Title 17 Innovative Technology Loan Guarantee Program,
as authorized, $33,000,000 is appropriated, to remain available
until September 30, 2020: Provided further, That up to
$33,000,000 of fees collected in fiscal year 2019 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be
credited as offsetting collections under this heading and used
for necessary administrative expenses in this appropriation and
shall remain available until September 30, 2020: Provided
further, That to the extent that fees collected in fiscal year
2019 exceed $33,000,000, those excess amounts shall be credited
as offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such
fees are received during fiscal year 2019 (estimated at
$15,000,000) and (2) to the extent that any remaining general
fund appropriations can be derived from fees collected in
previous fiscal years that are not otherwise appropriated, so
as to result in a final fiscal year 2019 appropriation from the
general fund estimated at $0: Provided further, That the
Department of Energy shall not subordinate any loan obligation
to other financing in violation of section 1702 of the Energy
Policy Act of 2005 or subordinate any Guaranteed Obligation to
any loan or other debt obligations in violation of section
609.10 of title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $5,000,000, to remain available until September
30, 2020.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$1,000,000, to remain available until September 30, 2020.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $18,000,000, to
remain available until expended: Provided, That, of the amount
appropriated under this heading, $4,800,000 shall be available
until September 30, 2020, for program direction.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $261,858,000, to remain available until
September 30, 2020, including the hire of passenger motor
vehicles and official reception and representation expenses not
to exceed $30,000, plus such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in
cost of work are offset by revenue increases of the same or
greater amount: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total
$96,000,000 in fiscal year 2019 may be retained and used for
operating expenses within this account, as authorized by
section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum
herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final
fiscal year 2019 appropriation from the general fund estimated
at not more than $165,858,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, $51,330,000, to remain available until September
30, 2020.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed
one ambulance for replacement only, $11,100,000,000, to remain
available until expended: Provided, That of such amount,
$102,022,000 shall be available until September 30, 2020, for
program direction.
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed
three aircraft, $1,949,000,000, to remain available until
expended: Provided, That of such amount, $25,000,000 shall be
made available for design activities supporting the dilute and
dispose strategy for plutonium disposition: Provided further,
That none of the funds made available under this heading shall
be made available for the construction activities or
acquisition of equipment for the Surplus Plutonium Disposition
Project: Provided further, That of the unobligated balances
from prior year appropriations available under this heading,
$19,000,000 is hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $1,788,618,000, to remain
available until expended, of which, $85,500,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of
such amount, $48,709,000 shall be available until September 30,
2020, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $410,000,000, to
remain available until September 30, 2020, including official
reception and representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed
one passenger minivan for replacement only, $6,028,600,000, to
remain available until expended: Provided, That of such
amount, $298,500,000 shall be available until September 30,
2020, for program direction: Provided further, That of the
unobligated balances from prior year appropriations available
under this heading, $4,600,000 is hereby rescinded: Provided
further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense, other
defense activities, and classified activities, in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $860,292,000, to
remain available until expended: Provided, That of such
amount, $295,432,000 shall be available until September 30,
2020, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount not
to exceed $5,000: Provided, That during fiscal year 2019, no
new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric power
and energy, including transmission wheeling and ancillary
services, pursuant to section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the southeastern power
area, $6,500,000, including official reception and
representation expenses in an amount not to exceed $1,500, to
remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $6,500,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of
the Southeastern Power Administration: Provided further, That
the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2019 appropriation
estimated at not more than $0: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $55,000,000 collected by
the Southeastern Power Administration pursuant to the Flood
Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole
purpose of making purchase power and wheeling expenditures:
Provided further, That for purposes of this appropriation,
annual expenses means expenditures that are generally recovered
in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric power
and energy, for construction and acquisition of transmission
lines, substations and appurtenant facilities, and for
administrative expenses, including official reception and
representation expenses in an amount not to exceed $1,500 in
carrying out section 5 of the Flood Control Act of 1944 (16
U.S.C. 825s), as applied to the Southwestern Power
Administration, $45,802,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up
to $35,402,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to result
in a final fiscal year 2019 appropriation estimated at not more
than $10,400,000: Provided further, That notwithstanding 31
U.S.C. 3302, up to $50,000,000 collected by the Southwestern
Power Administration pursuant to the Flood Control Act of 1944
to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that
they are incurred (excluding purchase power and wheeling
expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation and
renewable resources programs as authorized, $265,142,000,
including official reception and representation expenses in an
amount not to exceed $1,500, to remain available until
expended, of which $265,142,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control
Act of 1944 (16 U.S.C. 825s), and section 1 of the Interior
Department Appropriation Act, 1939 (43 U.S.C. 392a), up to
$175,770,000 collected by the Western Area Power Administration
from the sale of power and related services shall be credited
to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of
funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to result
in a final fiscal year 2019 appropriation estimated at not more
than $89,372,000, of which $89,372,000 is derived from the
Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $225,442,000 collected by the Western Area
Power Administration pursuant to the Flood Control Act of 1944
and the Reclamation Project Act of 1939 to recover purchase
power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$1,568,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $1,340,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited to
this account as discretionary offsetting collections, to remain
available until expended for the sole purpose of funding the
annual expenses of the hydroelectric facilities of these Dams
and associated Western Area Power Administration activities:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during
the fiscal year so as to result in a final fiscal year 2019
appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for
fiscal year 2019, the Administrator of the Western Area Power
Administration may accept up to $372,000 in funds contributed
by United States power customers of the Falcon and Amistad Dams
for deposit into the Falcon and Amistad Operating and
Maintenance Fund, and such funds shall be available for the
purpose for which contributed in like manner as if said sums
had been specifically appropriated for such purpose: Provided
further, That any such funds shall be available without further
appropriation and without fiscal year limitation for use by the
Commissioner of the United States Section of the International
Boundary and Water Commission for the sole purpose of
operating, maintaining, repairing, rehabilitating, replacing,
or upgrading the hydroelectric facilities at these Dams in
accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception and
representation expenses not to exceed $3,000, and the hire of
passenger motor vehicles, $369,900,000, to remain available
until expended: Provided, That notwithstanding any other
provision of law, not to exceed $369,900,000 of revenues from
fees and annual charges, and other services and collections in
fiscal year 2019 shall be retained and used for expenses
necessary in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced as revenues are received
during fiscal year 2019 so as to result in a final fiscal year
2019 appropriation from the general fund estimated at not more
than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers of funds)
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity or
to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the
Committees on Appropriations of both Houses of Congress at
least 3 full business days in advance, none of the funds made
available in this title may be used to--
(A) make a grant allocation or discretionary grant
award totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more,
including a contract covered by the Federal Acquisition
Regulation;
(C) issue a letter of intent to make an allocation,
award, or Agreement in excess of the limits in
subparagraph (A) or (B); or
(D) announce publicly the intention to make an
allocation, award, or Agreement in excess of the limits
in subparagraph (A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days of
the conclusion of each quarter a report detailing each grant
allocation or discretionary grant award totaling less than
$1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the
report required by paragraph (2) shall include the recipient of
the award, the amount of the award, the fiscal year for which
the funds for the award were appropriated, the account and
program, project, or activity from which the funds are being
drawn, the title of the award, and a brief description of the
activity for which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear cooperative
agreement unless--
(1) the contract, grant, or cooperative agreement
is funded for the full period of performance as
anticipated at the time of award; or
(2) the contract, grant, or cooperative agreement
includes a clause conditioning the Federal Government's
obligation on the availability of future year budget
authority and the Secretary notifies the Committees on
Appropriations of both Houses of Congress at least 3
days in advance.
(d) Except as provided in subsections (e), (f), and (g),
the amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Conference'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the joint explanatory statement
accompanying this Act.
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify, and obtain the prior approval of, the
Committees on Appropriations of both Houses of Congress at
least 30 days prior to the use of any proposed reprogramming
that would cause any program, project, or activity funding
level to increase or decrease by more than $5,000,000 or 10
percent, whichever is less, during the time period covered by
this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a reprogramming
of funds that--
(1) creates, initiates, or eliminates a program,
project, or activity;
(2) increases funds or personnel for any program,
project, or activity for which funds are denied or
restricted by this Act; or
(3) reduces funds that are directed to be used for
a specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance with
such requirement or restriction would pose a substantial risk
to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver.
(h) The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter may
be accounted for as one fund for the same time period as
originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2019 until the enactment of the Intelligence Authorization
Act for fiscal year 2019.
Sec. 303. None of the funds made available in this title
shall be used for the construction of facilities classified as
high-hazard nuclear facilities under 10 CFR Part 830 unless
independent oversight is conducted by the Office of Enterprise
Assessments to ensure the project is in compliance with nuclear
safety requirements.
Sec. 304. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 305. The Secretary of Energy may not transfer more
than $274,833,000 from the amounts made available under this
title to the working capital fund established under section 653
of the Department of Energy Organization Act (42 U.S.C. 7263):
Provided, That the Secretary may transfer additional amounts to
the working capital fund after the Secretary provides
notification in advance of any such transfer to the Committees
on Appropriations of both Houses of Congress: Provided
further, That any such notification shall identify the sources
of funds by program, project, or activity: Provided further,
That the Secretary shall notify the Committees on
Appropriations of both Houses of Congress before adding or
removing any activities from the fund.
Sec. 306. (a) None of the funds made available in this or
any prior Act under the heading ``Defense Nuclear
Nonproliferation'' may be made available to enter into new
contracts with, or new agreements for Federal assistance to,
the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in
subsection (a) if the Secretary determines that such activity
is in the national security interests of the United States.
This waiver authority may not be delegated.
(c) A waiver under subsection (b) shall not be effective
until 15 days after the date on which the Secretary submits to
the Committees on Appropriations of both Houses of Congress, in
classified form if necessary, a report on the justification for
the waiver.
Sec. 307. (a) New Regional Reserves.--The Secretary of
Energy may not establish any new regional petroleum product
reserve unless funding for the proposed regional petroleum
product reserve is explicitly requested in advance in an annual
budget submission and approved by the Congress in an
appropriations Act.
(b) The budget request or notification shall include--
(1) the justification for the new reserve;
(2) a cost estimate for the establishment,
operation, and maintenance of the reserve, including
funding sources;
(3) a detailed plan for operation of the reserve,
including the conditions upon which the products may be
released;
(4) the location of the reserve; and
(5) the estimate of the total inventory of the
reserve.
Sec. 308. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination by
the President in this fiscal year that a regional supply
shortage of refined petroleum product of significant scope and
duration exists, that a severe increase in the price of refined
petroleum product will likely result from such shortage, and
that a draw down and sale of refined petroleum product would
assist directly and significantly in reducing the adverse
impact of such shortage, the Secretary of Energy may draw down
and sell refined petroleum product from the Strategic Petroleum
Reserve. Proceeds from a sale under this section shall be
deposited into the SPR Petroleum Account established in section
167 of the Energy Policy and Conservation Act (42 U.S.C. 6247),
and such amounts shall be available for obligation, without
fiscal year limitation, consistent with that section.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C. 3109,
and hire of passenger motor vehicles, $165,000,000, to remain
available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $31,000,000, to remain available until September
30, 2020: Provided, That none of the funds made available by
this or any prior Act for the salaries and expenses of the
Defense Nuclear Facilities Safety Board shall be available to
implement any reform and reorganization plan of the Defense
Nuclear Facilities Safety Board, including the plan announced
on August 15, 2018, unless any such reform and reorganization
plan is specifically authorized by law.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382F(d), 382M, and 382N of said Act, $25,000,000, to remain
available until expended.
Denali Commission
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and
capital equipment as necessary and other expenses, $15,000,000,
to remain available until expended, notwithstanding the
limitations contained in section 306(g) of the Denali
Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed
80 percent of total project cost for distressed communities, as
defined by section 307 of the Denali Commission Act of 1998
(division C, title III, Public Law 105-277), as amended by
section 701 of appendix D, title VII, Public Law 106-113 (113
Stat. 1501A-280), and an amount not to exceed 50 percent for
non-distressed communities: Provided further, That
notwithstanding any other provision of law regarding payment of
a non-Federal share in connection with a grant-in-aid program,
amounts under this heading shall be available for the payment
of such a non-Federal share for programs undertaken to carry
out the purposes of the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $20,000,000, to remain
available until expended: Provided, That such amounts shall be
available for administrative expenses, notwithstanding section
15751(b) of title 40, United States Code: Provided further,
That during fiscal year 2019, the duties and authority of the
Federal Cochairperson shall be assumed by the Northern Border
Regional Commission Program Director if the position of the
Federal Cochairperson and Alternate Federal Cochairperson is
vacant.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000, to remain available
until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $898,350,000, including official
representation expenses not to exceed $25,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $9,500,000 may be made
available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September
30, 2020, of which, notwithstanding section 201(a)(2)(c) of the
Energy Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)),
the use and expenditure shall only be approved by a majority
vote of the Commission: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $770,477,000 in fiscal year 2019 shall
be retained and used for necessary salaries and expenses in
this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That of the
amounts appropriated under this heading, not less than
$10,300,000 shall be for activities related to the development
of regulatory infrastructure for advanced nuclear technologies,
and $16,080,000 shall be for international activities, except
that the amounts provided under this proviso shall not be
derived from fee revenues, notwithstanding 42 U.S.C. 2214:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2019 so as to result in a final fiscal year 2019 appropriation
estimated at not more than $127,873,000: Provided further,
That of the amounts appropriated under this heading,
$10,000,000 shall be for university research and development in
areas relevant to the Commission's mission, and $5,000,000
shall be for a Nuclear Science and Engineering Grant Program
that will support multiyear projects that do not align with
programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $12,609,000, to remain available until September 30,
2020: Provided, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$10,355,000 in fiscal year 2019 shall be retained and be
available until September 30, 2020, for necessary salaries and
expenses in this account, notwithstanding section 3302 of title
31, United States Code: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2019 so as to result in a final
fiscal year 2019 appropriation estimated at not more than
$2,254,000: Provided further, That of the amounts appropriated
under this heading, $1,103,000 shall be for Inspector General
services for the Defense Nuclear Facilities Safety Board, which
shall not be available from fee revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,600,000, to be derived from the Nuclear Waste Fund, to
remain available until September 30, 2020.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal
Commission Procedures when responding to Congressional requests
for information, consistent with Department of Justice guidance
for all federal agencies.
Sec. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify
the Committees on Appropriations of both Houses of Congress at
least 30 days prior to the use of any proposed reprogramming
that would cause any program funding level to increase or
decrease by more than $500,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with
such requirement would pose a substantial risk to human health,
the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not
later than 3 days after the date of the activity to which a
requirement or restriction would otherwise have applied. Such
notice shall include an explanation of the substantial risk
under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d),
the amounts made available by this title for ``Nuclear
Regulatory Commission--Salaries and Expenses'' shall be
expended as directed in the joint explanatory statement
accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which funds
are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the joint explanatory
statement accompanying this Act, or any authority whereby a
department, agency, or instrumentality of the United States
Government may provide goods or services to another department,
agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act,
except pursuant to a transfer made by or transfer authority
provided in this Act or any other appropriations Act for any
fiscal year, transfer authority referenced in the joint
explanatory statement accompanying this Act, or any authority
whereby a department, agency, or instrumentality of the United
States Government may provide goods or services to another
department, agency, or instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-
to-date. This report shall include the amounts transferred and
the purposes for which they were transferred, and shall not
replace or modify existing notification requirements for each
authority.
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 505. For an additional amount for ``Department of the
Interior--Bureau of Reclamation--Water and Related Resources'',
$21,400,000, to remain available until expended, for transfer
to Reclamation's Upper Colorado River Basin Fund to carry out
environmental stewardship and endangered species recovery
efforts pursuant to the Grand Canyon Protection Act of 1992
(Public Law 102-575), Public Law 106-392, the Colorado River
Basin Project Act (43 U.S.C. 1551(b)), and the Act of April 11,
1956 (commonly known as the ``Colorado River Storage Project
Act'') (43 U.S.C. 620n).
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2019''.
DIVISION B--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2019
TITLE I
LEGISLATIVE BRANCH
SENATE
Payment to Widows and Heirs of Deceased Members of Congress
For payment to Cindy H. McCain, widow of John Sidney McCain
III, late a Senator from the State of Arizona, $174,000.
Expense Allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate, $39,920;
Majority Whip of the Senate, $9,980; Minority Whip of the
Senate, $9,980; President Pro Tempore Emeritus, $15,000;
Chairmen of the Majority and Minority Conference Committees,
$4,690 for each Chairman; and Chairmen of the Majority and
Minority Policy Committees, $4,690 for each Chairman; in all,
$189,840.
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all,
$28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$208,390,812, which shall be paid from this appropriation as
follows:
office of the vice president
For the Office of the Vice President, $2,484,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $744,466.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus,
$319,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders,
$5,399,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,455,424.
committee on appropriations
For salaries of the Committee on Appropriations,
$15,496,000.
conference committees
For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,704,000 for each such
committee; in all, $3,408,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $843,402.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,740,905 for each such committee;
in all, $3,481,810.
office of the chaplain
For Office of the Chaplain, $474,886.
office of the secretary
For Office of the Secretary, $26,315,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$84,157,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,900,000.
agency contributions and related expenses
For agency contributions for employee benefits, as
authorized by law, and related expenses, $59,912,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,278,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,176,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$7,110; Sergeant at Arms and Doorkeeper of the Senate, $7,110;
Secretary for the Majority of the Senate, $7,110; Secretary for
the Minority of the Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $133,265,000, of which $26,650,000 shall remain available
until September 30, 2021.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on
International Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$10,036,000 of which $6,436,000 shall remain available until
September 30, 2023 and of which $3,600,000 shall remain
available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $126,595,000, which shall remain
available until September 30, 2023.
miscellaneous items
For miscellaneous items, $18,871,410 which shall remain
available until September 30, 2021.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense
Account, $429,000,000 of which $20,128,950 shall remain
available until September 30, 2021 and of which $5,000,000
shall be allocated solely for the purpose of providing
financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the
Senate, $300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading
``SENATE'' under the heading ``Contingent Expenses of the
Senate'' under the heading ``senators' official personnel and
office expense account'' shall be available for obligation only
during the fiscal year or fiscal years for which such amounts
are made available. Any unexpended balances under such
allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance
with the undesignated paragraph under the center heading
``GENERAL PROVISION'' under chapter XI of the Third
Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and used
for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing
the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
filing by senate candidates with commission
Sec. 102. Section 302(g) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30102(g)) is amended to read as follows:
``(g) Filing With the Commission.--All designations,
statements, and reports required to be filed under this Act
shall be filed with the Commission.''.
extension of authority
Sec. 103. Section 21(d) of Senate Resolution 64 of the One
Hundred Thirteenth Congress, 1st session (agreed to on March 5,
2013), as amended by section 178 of the Continuing
Appropriations Act, 2017 (division C of Public Law 114-223), is
further amended by striking ``December 31, 2018'' and inserting
``December 31, 2020''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,232,663,035, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law,
$25,378,875, including: Office of the Speaker, $7,123,634,
including $25,000 for official expenses of the Speaker; Office
of the Majority Floor Leader, $2,642,739, including $10,000 for
official expenses of the Majority Leader; Office of the
Minority Floor Leader, $7,751,946, including $10,000 for
official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$2,197,163, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the Chief
Deputy Minority Whip, $1,700,079, including $5,000 for official
expenses of the Minority Whip; Republican Conference,
$2,186,819; Democratic Caucus, $1,776,495: Provided, That such
amount for salaries and expenses shall remain available from
January 3, 2019 until January 2, 2020.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$573,630,000.
Intern Allowance
For payments from the allowance established under section
120 of this Act for the compensation of interns who serve in
the offices of Members of the House of Representatives,
$8,800,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $127,903,173:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2020, except that
$4,000,000 of such amount shall remain available until expended
for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $23,112,971, including studies and examinations
of executive agencies and temporary personal services for such
committee, to be expended in accordance with section 202(b) of
the Legislative Reorganization Act of 1946 and to be available
for reimbursement to agencies for services performed:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2020.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $220,345,000, including: for salaries and
expenses of the Office of the Clerk, including the positions of
the Chaplain and the Historian, and including not more than
$25,000 for official representation and reception expenses, of
which not more than $20,000 is for the Family Room and not more
than $2,000 is for the Office of the Chaplain, $28,305,000; for
salaries and expenses of the Office of the Sergeant at Arms,
including the position of Superintendent of Garages and the
Office of Emergency Management, and including not more than
$3,000 for official representation and reception expenses,
$18,773,000 of which $5,524,000 shall remain available until
expended; for salaries and expenses of the Office of the Chief
Administrative Officer including not more than $3,000 for
official representation and reception expenses, $148,058,000,
of which $11,631,000 shall remain available until expended; for
salaries and expenses of the Office of the Inspector General,
$5,019,000; for salaries and expenses of the Office of General
Counsel, $1,502,000; for salaries and expenses of the Office of
the Parliamentarian, including the Parliamentarian, $2,000 for
preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $2,026,000; for
salaries and expenses of the Office of the Law Revision Counsel
of the House, $3,327,000; for salaries and expenses of the
Office of the Legislative Counsel of the House, $11,937,000;
for salaries and expenses of the Office of Interparliamentary
Affairs, $814,000; for other authorized employees, $584,000.
Allowances and Expenses
For allowances and expenses as authorized by House
resolution or law, $253,493,016, including: supplies,
materials, administrative costs and Federal tort claims,
$525,016; official mail for committees, leadership offices, and
administrative offices of the House, $190,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $228,200,000, to remain
available until March 31, 2020; Business Continuity and
Disaster Recovery, $16,186,000 of which $5,000,000 shall remain
available until expended; transition activities for new members
and staff, $3,000,000, to remain available until expended;
Wounded Warrior Program $3,000,000, to remain available until
expended; Office of Congressional Ethics, $1,670,000; and
miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles,
interparliamentary receptions, and gratuities to heirs of
deceased employees of the House, $722,000.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2019. Any amount remaining after all payments are
made under such allowances for fiscal year 2019 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in, or
a Delegate or Resident Commissioner to, the Congress.
delivery of bills and resolutions
Sec. 111. (a) None of the funds made available in any
fiscal year may be used to deliver a printed copy of a bill,
joint resolution, or resolution to the office of a Member of
the House of Representatives (including a Delegate or Resident
Commissioner to the Congress) unless the Member requests a
copy.
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.
delivery of congressional record
Sec. 112. (a) None of the funds made available in any
fiscal year may be used to deliver a printed copy of any
version of the Congressional Record to the office of a Member
of the House of Representatives (including a Delegate or
Resident Commissioner to the Congress).
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.
limitation on amount available to lease vehicles
Sec. 113. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount that
exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 114. (a) None of the funds made available in any
fiscal year may be to provide an aggregate number of more than
50 printed copies of any edition of the United States Code to
all offices of the House of Representatives.
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.
delivery of reports of disbursements
Sec. 115. (a) None of the funds made available in any
fiscal year may be used to deliver a printed copy of the report
of disbursements for the operations of the House of
Representatives under section 106 of the House of
Representatives Administration Reform Technical Corrections Act
(2 U.S.C. 5535) to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner
to the Congress).
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.
delivery of daily calendar
Sec. 116. (a) None of the funds made available in any
fiscal year may be used to deliver to the office of a Member of
the House of Representatives (including a Delegate or Resident
Commissioner to the Congress) a printed copy of the Daily
Calendar of the House of Representatives which is prepared by
the Clerk of the House of Representatives.
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.
delivery of congressional pictorial directory
Sec. 117. (a) None of the funds made available in any
fiscal year may be used to deliver a printed copy of the
Congressional Pictorial Directory to the office of a Member of
the House of Representatives (including a Delegate or Resident
Commissioner to the Congress).
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.
repeal of authorizations for former speakers
Sec. 118. (a) Repeal of Authorizations for Office Space,
Office Expenses, Franking and Printing Privileges, and Staff.--
The first section and sections 2, 4, 5, and 8 of House
Resolution 1238, Ninety-first Congress, agreed to December 22,
1970 (as enacted into permanent law by chapter VIII of the
Supplemental Appropriations Act, 1971) (2 U.S.C. 5125(a), 5126,
5127, 5128, and 5129) are repealed.
(b) Conforming Amendment.--Subsection (b) of the first
section of Public Law 93-532 (2 U.S.C. 5125(b)) is repealed.
(c) Effective Date.--The amendments made by this section
shall apply with respect to any individual who serves as a
Representative in Congress during the One Hundred Fifteenth
Congress or any succeeding Congress.
transfer authority
Sec. 119. (a) Authority To Make Transfers Among House
Leadership Offices.--Section 101 of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 5507) is amended by adding
at the end the following new subsection:
``(f) Amounts appropriated for any fiscal year for the
House of Representatives under the heading `House Leadership
Offices' may be transferred among and merged with the various
offices and activities under such heading, effective upon the
expiration of the 21-day period (or such alternative period
that may be imposed by the Committee on Appropriations of the
House of Representatives) which begins on the date such
Committee has been notified of the transfer.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to fiscal year 2019 and each
succeeding fiscal year.
allowance for compensation of interns in member offices
Sec. 120. (a) Establishment of Allowance.--There is
established for the House of Representatives an allowance which
shall be available for the compensation of interns who serve in
the offices of Members of the House of Representatives.
(b) Cap on Amount Available Per Office.--An office of a
Member of the House of Representatives may not use more than
$20,000 of the allowance under this section during any calendar
year.
(c) Benefit Exclusion.--Section 104(b) of the House of
Representatives Administrative Reform Technical Corrections Act
(2 U.S.C. 5321(b)) shall apply with respect to an intern who is
compensated under the allowance under this section in the same
manner as such section applies with respect to an intern who is
compensated under the Members' Representational Allowance.
(d) No Effect on Payment of Interns Under Members'
Representational Allowance.--Nothing in this section may be
construed to affect the use of the Members' Representational
Allowance for the compensation of interns, as provided under
section 104 of the House of Representatives Administrative
Reform Technical Corrections Act (2 U.S.C. 5321).
(e) Definitions.--In this section--
(1) the term ``intern'' has the meaning given such
term in section 104(c)(2) of the House of
Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 5321(c)(2)); and
(2) the term ``Member of the House of
Representatives'' means a Representative in, or a
Delegate or Resident Commissioner to, the Congress.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $8,800,000 for
fiscal year 2019.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $11,169,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the
Attending Physician;
(2) an allowance of $1,300 per month to the Senior
Medical Officer;
(3) an allowance of $725 per month each to three
medical officers while on duty in the Office of the
Attending Physician;
(4) an allowance of $725 per month to 2 assistants
and $580 per month each not to exceed 11 assistants on
the basis heretofore provided for such assistants; and
(5) $2,740,000 for reimbursement to the Department
of the Navy for expenses incurred for staff and
equipment assigned to the Office of the Attending
Physician, which shall be advanced and credited to the
applicable appropriation or appropriations from which
such salaries, allowances, and other expenses are
payable and shall be available for all the purposes
thereof, $3,798,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,486,000, to be disbursed by the
Secretary of the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for
health, retirement, social security, professional liability
insurance, and other applicable employee benefits, $374,804,000
of which overtime shall not exceed $43,668,000 unless the
Committee on Appropriations of the House and Senate are
notified, to be disbursed by the Chief of the Capitol Police or
his designee.
General Expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services, the
employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and reception
expenses, $81,504,000, to be disbursed by the Chief of the
Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement
Training Center for fiscal year 2019 shall be paid by the
Secretary of Homeland Security from funds available to the
Department of Homeland Security.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $6,332,670, of which $1,000,000
shall remain available until September 30, 2020: Provided,
That not more than $500 may be expended on the certification of
the Executive Director of the Office of Compliance in
connection with official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $50,737,000: Provided,
that the Director shall use not less than $500,000 of the
amount made available under this heading for (1) improving
technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to
Members of Congress, employees of Members of Congress, and the
public, and (2) to increase the availability of models,
economic assumptions, and data for Members of Congress,
employees of Members of Congress, and the public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for all
necessary expenses for surveys and studies, construction,
operation, and general and administrative support in connection
with facilities and activities under the care of the Architect
of the Capitol including the Botanic Garden; electrical
substations of the Capitol, Senate and House office buildings,
and other facilities under the jurisdiction of the Architect of
the Capitol; including furnishings and office equipment;
including not more than $5,000 for official reception and
representation expenses, to be expended as the Architect of the
Capitol may approve; for purchase or exchange, maintenance, and
operation of a passenger motor vehicle, $103,962,000.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $43,992,000, of which $17,344,000
shall remain available until September 30, 2023.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $16,761,000, of which
$5,519,000 shall remain available until September 30, 2023.
House Office Buildings
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $187,098,000, of which
$65,552,000 shall remain available until September 30, 2023,
and of which $62,000,000 shall remain available until expended
for the restoration and renovation of the Cannon House Office
Building; Provided, That of the amount made available under
this heading, $7,000,000 shall be derived by transfer from the
House Office Building Fund established under section 176(d) of
the Continuing Appropriations Act, 2017, as added by section
101(3) of the Further Continuing Appropriation Act, 2017
(Public Law 114-254; 2 U.S.C. 2001 note).
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available
until expended.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision of
the Architect of the Capitol, $93,562,000, of which $31,162,000
shall remain available until September 30, 2023.
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating, power
(including the purchase of electrical energy) and water and
sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds about
the same, Botanic Garden, Senate garage, and air conditioning
refrigeration not supplied from plants in any of such
buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for
air conditioning for the Supreme Court Building, the Union
Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $114,050,000,
of which $31,362,000 shall remain available until September 30,
2023: Provided, That not more than $9,000,000 of the funds
credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year
2019.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $68,525,000, of which $40,403,000 shall
remain available until September 30, 2023.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computing Facility, and Architect of the Capitol
security operations, $57,714,000, of which $31,777,000 shall
remain available until September 30, 2023.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on the
Library, $14,759,000, of which $3,559,000 shall remain
available until September 30, 2023: Provided, That, of the
amount made available under this heading, the Architect of the
Capitol may obligate and expend such sums as may be necessary
for the maintenance, care and operation of the National Garden
established under section 307E of the Legislative Branch
Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers
approved by the Architect of the Capitol or a duly authorized
designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $23,322,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 130. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or programs
for which the contractor is behind schedule or over budget,
unless the Architect of the Capitol, or agency-employed
designee, determines that any such deviations are due to
unforeseeable events, government-driven scope changes, or are
not significant within the overall scope of the project and/or
program.
scrims
Sec. 131. (a) None of the funds made available by this Act
may be used for scrims containing photographs of building
facades during restoration or construction projects performed
by the Architect of the Capitol.
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.
security programs
Sec. 132. (a) Purpose of Programs.--Section 906(b) of the
2002 Supplemental Appropriations Act for Further Recovery From
and Response To Terrorist Attacks on the United States (2
U.S.C. 1865(b)) is amended to read as follows:
``(b) Funds in the account shall be used by the Architect
of the Capitol for all necessary expenses for--
``(1) resilience and security programs of the
Architect of the Capitol; and
``(2) the maintenance, care, and operation of
buildings, grounds, and security enhancements for
facilities of the United States Capitol Police and for
other facilities associated with such resilience and
security programs at any location.''.
(b) Transfers of Funds.--Section 906 of such Act (2 U.S.C.
1865) is amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection:
``(c)(1) For carrying out the purposes of the account, the
Architect of the Capitol may receive transfers of
appropriations from any agency of the Legislative Branch upon
the approval of--
``(A) the Committee on Appropriations of the House
of Representatives, in the case of a transfer from an
office of the House of Representatives;
``(B) the Committee on Appropriations of the
Senate, in the case of a transfer from an office of the
Senate; or
``(C) the Committees on Appropriations of the House
of Representatives and the Senate, in the case of a
transfer from any other office of the Government.
``(2) Amounts transferred under this subsection shall be
merged with the account and made available under this section.
``(3) This subsection shall apply with respect to fiscal
year 2019 and each succeeding fiscal year.''.
increase in threshold for small purchase contracting authority
Sec. 133. (a) 2 U.S.C. 1821 is amended by adding before
``Notwithstanding any other provision of law--'' the following
text: ``To promote efficiency and economy in contracting and to
avoid unnecessary burdens, the Architect of the Capitol is
granted authority to utilize special simplified procedures for
purchases of property and services the aggregate amount of
which does not exceed $250,000.''.
(b) The amendment made by subsection (a) shall apply with
respect to fiscal year 2019 and each succeeding fiscal year.
interagency details
Sec. 134. (a) Authorizing Details of Employees Under Joint
Agency Agreements.--In addition to any other authority relating
to the detail of employees, the Architect of the Capitol and
the head of any other department, agency, or instrumentality of
the United States Government may enter into a joint agency
agreement under which--
(1) employees of the Office of the Architect of the
Capitol (including employees of the United States
Botanic Garden) may be detailed to such department,
agency, or instrumentality on a reimbursable or non-
reimbursable basis; and
(2) employees of such department, agency, or
instrumentality may be detailed to the Office of the
Architect of the Capitol on a reimbursable or non-
reimbursable basis.
(b) Duration.--The detail of an employee under a joint
agency agreement under this section shall be for such duration
as may be provided in the agreement, except that in the case of
a detail made on a non-reimbursable basis, the duration of the
detail may not exceed one year unless the Architect of the
Capitol and the head of the department, agency, or
instrumentality involved each determine that an extension of
the detail of the employee is in the public interest.
(c) No Effect on Appropriations of Recipient of Non-
reimbursable Detail.--For purposes of any law, rule, or
regulation, the detail of an employee on a non-reimbursable
basis under a joint agency agreement under this section for a
fiscal year shall not be treated as an increase or modification
of the appropriation for the fiscal year of the office to whom
the employee is detailed.
(d) Effective Date.--This section shall apply with respect
to fiscal year 2019 and each succeeding fiscal year.
acceptance of travel expenses from non-federal sources
Sec. 135. (a) Permitting Acceptance of Expenses.--
Notwithstanding any other provision of law, the Architect of
the Capitol may accept payment or authorize an employee of the
Office of the Architect of the Capitol to accept payment on the
Office's behalf from non-Federal sources for travel,
subsistence, and related expenses with respect to attendance of
the employee (or the spouse of such employee) at any meeting or
similar function relating to the employee's official duties.
Any cash payment so accepted shall be credited to the
appropriation applicable to such expenses. In the case of a
payment in kind so accepted, a pro rata reduction shall be made
in any entitlement of the employee to payment from the
Government for such expenses.
(b) Prohibiting Acceptance From Other Sources.--Except as
provided in this section or section 7342 of title 5, United
States Code, the Office or an employee of the Office may not
accept payment for expenses referred to in subsection (a). An
employee who accepts any payment in violation of the preceding
sentence--
(1) may be required, in addition to any penalty
provided by law, to repay, for deposit in the general
fund of the Treasury, an amount equal to the amount of
the payment so accepted; and
(2) in the case of a repayment under paragraph (1),
shall not be entitled to any payment from the
Government for such expenses.
(c) Effective Date.--This section shall apply with respect
to fiscal year 2019 and each succeeding fiscal year.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by the
Board, $480,052,000, of which not more than $6,000,000 shall be
derived from collections credited to this appropriation during
fiscal year 2019, and shall remain available until expended,
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150): Provided, That the Library of Congress may not
obligate or expend any funds derived from collections under the
Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
$6,000,000: Provided further, That of the total amount
appropriated, not more than $12,000 may be expended, on the
certification of the Librarian of Congress, in connection with
official representation and reception expenses for the Overseas
Field Offices: Provided further, That of the total amount
appropriated, $8,855,000 shall remain available until expended
for the digital collections and educational curricula program:
Provided further, That of the total amount appropriated,
$1,318,000 shall remain available until expended for upgrade of
the Legislative Branch Financial Management System: Provided
further, That of the total amount appropriated, $250,000 shall
remain available until expended for the Surplus Books Program
to promote the program and facilitate a greater number of
donations to eligible entities across the United States:
Provided further, That of the total amount appropriated,
$2,383,000 shall remain available until expended for the
Veterans History Project to continue digitization efforts of
already collected materials, reach a greater number of veterans
to record their stories, and promote public access to the
Project.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office,
$93,407,000, of which not more than $39,218,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2019 under
section 708(d) of title 17, United States Code: Provided, That
the Copyright Office may not obligate or expend any funds
derived from collections under such section, in excess of the
amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$6,272,000 shall be derived from collections during fiscal year
2019 under sections 111(d)(2), 119(b)(3), 803(e), 1005, and
1316 of such title: Provided further, That the total amount
available for obligation shall be reduced by the amount by
which collections are less than $45,490,000: Provided further,
That $4,328,000 shall be derived from prior year unobligated
balances: Provided further, That not more than $100,000 of the
amount appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office
of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property laws
and policies: Provided further, That not more than $6,500 may
be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception
expenses for activities of the International Copyright
Institute and for copyright delegations, visitors, and
seminars: Provided further, That, notwithstanding any
provision of chapter 8 of title 17, United States Code, any
amounts made available under this heading which are
attributable to royalty fees and payments received by the
Copyright Office pursuant to sections 111, 119, and chapter 10
of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with
the exception of the costs of salaries and benefits for the
Copyright Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated Constitution
of the United States of America, $125,688,000: Provided, That
no part of such amount may be used to pay any salary or expense
in connection with any publication, or preparation of material
therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has
obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate: Provided further,
That this prohibition does not apply to publication of non-
confidential Congressional Research Service (CRS) products:
Provided further, That a non-confidential CRS product includes
any written product containing research or analysis that is
currently available for general congressional access on the CRS
Congressional Intranet, or that would be made available on the
CRS Congressional Intranet in the normal course of business and
does not include material prepared in response to Congressional
requests for confidential analysis or research.
Books for the Blind and Physically Handicapped
salaries and expenses
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $52,783,000:
Provided, That of the total amount appropriated, $650,000 shall
be available to contract to provide newspapers to blind and
physically handicapped residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2019, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$194,608,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library in
appropriations Acts for the legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and
the distribution of congressional information in any format;
publishing of Government publications authorized by law to be
distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to be
distributed without charge to the recipient, $79,000,000:
Provided, That this appropriation shall not be available for
paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners
or Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall
be available for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation
under section 718 of title 44, United States Code, none of the
funds appropriated or made available under this Act or any
other Act for printing and binding and related services
provided to Congress under chapter 7 of title 44, United States
Code, may be expended to print a document, report, or
publication after the 27-month period beginning on the date
that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United
States Code: Provided further, That unobligated or unexpended
balances of expired discretionary funds made available under
this heading in this Act for this fiscal year may be
transferred to, and merged with, funds under the heading
``Government Publishing Office Business Operations Revolving
Fund'' no later than the end of the fifth fiscal year after the
last fiscal year for which such funds are available for the
purposes for which appropriated, to be available for carrying
out the purposes of this heading, subject to the approval of
the Committee on Appropriations of the House of Representatives
and the Senate: Provided further, That notwithstanding
sections 901, 902, and 906 of title 44, United States Code,
this appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the
Office of Superintendent of Documents necessary to provide for
the cataloging and indexing of Government publications and
their distribution to the public, Members of Congress, other
Government agencies, and designated depository and
international exchange libraries as authorized by law,
$32,000,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized for
producing and disseminating Congressional serial sets and other
related publications for fiscal years 2017 and 2018 to
depository and other designated libraries: Provided further,
That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this
Act for this fiscal year may be transferred to, and merged
with, funds under the heading ``Government Publishing Office
Business Operations Revolving Fund'' no later than the end of
the fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated, to
be available for carrying out the purposes of this heading,
subject to the approval of the Committee on Appropriations of
the House of Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business
Operations Revolving Fund, $6,000,000, to remain available
until expended, for information technology development and
facilities repair: Provided, That the Government Publishing
Office is hereby authorized to make such expenditures, within
the limits of funds available and in accordance with law, and
to make such contracts and commitments without regard to fiscal
year limitations as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the
programs and purposes set forth in the budget for the current
fiscal year for the Government Publishing Office Business
Operations Revolving Fund: Provided further, That not more
than $7,500 may be expended on the certification of the
Director of the Government Publishing Office in connection with
official representation and reception expenses: Provided
further, That the Business Operations Revolving Fund shall be
available for the hire or purchase of not more than 12
passenger motor vehicles: Provided further, That expenditures
in connection with travel expenses of the advisory councils to
the Director of the Government Publishing Office shall be
deemed necessary to carry out the provisions of title 44,
United States Code: Provided further, That the Business
Operations Revolving Fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not more than the
daily equivalent of the annual rate of basic pay for level V of
the Executive Schedule under section 5316 of such title:
Provided further, That activities financed through the Business
Operations Revolving Fund may provide information in any
format: Provided further, That the Business Operations
Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of
Documents'' may not be used for contracted security services at
Government Publishing Office's passport facility in the
District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under
section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and (8)
of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and
(8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in
foreign countries, $589,749,653: Provided, That, in addition,
$35,900,000 of payments received under sections 782, 791, 3521,
and 9105 of title 31, United States Code, shall be available
without fiscal year limitation: Provided further, That this
appropriation and appropriations for administrative expenses of
any other department or agency which is a member of the
National Intergovernmental Audit Forum or a Regional
Intergovernmental Audit Forum shall be available to finance an
appropriate share of either Forum's costs as determined by the
respective Forum, including necessary travel expenses of non-
Federal participants: Provided further, That payments
hereunder to the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially financed:
Provided further, That this appropriation shall be available
to transfer amounts to the Department of the Army for the
expenses of constructing an Army facility at Redstone Arsenal
for the sole, unlimited use of the Government Accountability
Office, and (notwithstanding section 1502(a) of title 31,
United States Code) shall be available to transfer such amounts
without regard to the fiscal year in which such expenses are
incurred: Provided further, That hereafter, amounts
appropriated for the salaries and expenses of the Government
Accountability Office shall be available to transfer to the
Department of the Army for the maintenance of such facility.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center under section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151), $5,600,000:
Provided, That funds made available to support Russian
participants shall only be used for those engaging in free
market development, humanitarian activities, and civic
engagement, and shall not be used for officials of the central
government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public
Service Development Trust Fund established under section 116 of
the John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private vehicles,
except for emergency assistance and cleaning as may be provided
under regulations relating to parking facilities for the House
of Representatives issued by the Committee on House
Administration and for the Senate issued by the Committee on
Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2019
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46
Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with respect
thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and
clerk hire for Senators and Members of the House of
Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available to
finance an appropriate share of LBFMC costs as determined by
the LBFMC, except that the total LBFMC costs to be shared among
all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices of
the House of Representatives and Senate, unless through
regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of
the Capitol Police Board, guided tours of the United States
Capitol which are led by employees and interns described in
subsection (a) may be suspended temporarily or otherwise
subject to restriction for security or related reasons to the
same extent as guided tours of the United States Capitol which
are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire
telecommunications equipment produced by Huawei Technologies
Company, ZTE Corporation or a high-impact or moderate-impact
information system, as defined for security categorization in
the National Institute of Standards and Technology's (NIST)
Federal Information Processing Standard Publication 199,
``Standards for Security Categorization of Federal Information
and Information Systems'' unless the agency, office, or other
entity acquiring the equipment or system has--
(1) reviewed the supply chain risk for the
information systems against criteria developed by NIST
to inform acquisition decisions for high-impact and
moderate-impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the
presumptive awardee against available and relevant
threat information provided by the Federal Bureau of
Investigation and other appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity,
conducted an assessment of any risk of cyber-espionage
or sabotage associated with the acquisition of such
system, including any risk associated with such system
being produced, manufactured, or assembled by one or
more entities identified by the United States
Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or
subsidized by the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST and supply
chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the
Federal Bureau of Investigation, that the acquisition
of such system is in the vital national security
interest of the United States; and
(3) reported that determination to the Committees
on Appropriations of the House of Representatives and
the Senate in a manner that identifies the system
intended for acquisition and a detailed description of
the mitigation strategies identified in (1), provided
that such report may include a classified annex as
necessary.
prohibition on certain operational expenses
Sec. 209. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities or
other official government activities.
plastic waste reduction
Sec. 210. All agencies and offices funded by this division
that contract with a food service provider or providers shall
confer and coordinate with such food service provider or
providers, in consultation with disability advocacy groups, to
eliminate or reduce plastic waste, including waste from plastic
straws, explore the use of biodegradable items, and increase
recycling and composting opportunities.
agency cost of living adjustments
Sec. 211. (a) Each agency, office, or other entity that is
provided appropriations under this Division shall report to the
Committees on Appropriations of the House and Senate, not less
than 30 days after enactment of this Act, specifying the dollar
amount estimated for cost-of-living adjustments that was
included in the fiscal year 2019 budget request for each
appropriations account.
(b) In the event that Executive Branch agencies do not
receive a cost-of-living adjustment, such dollar amount
reported pursuant to subsection (a) may be obligated and
expended only upon written approval by the Chair and ranking
minority member of the Subcommittee on the Legislative Branch
of the Committee on Appropriations of the House of
Representatives and by the Chair and ranking minority member of
the Subcommittee on the Legislative Branch of the Committee on
Appropriations of the Senate.
(c) Pursuant to subsection (b), the agencies, offices, or
other entities of the House of Representatives and the Senate
require only the written approval of the Committee on
Appropriations of their respective Chamber.
adjustments to compensation
Sec. 212. Notwithstanding any other provision of law, no
adjustment shall be made under section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 4501)
(relating to cost of living adjustments for Members of
Congress) during fiscal year 2019.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2019''.
DIVISION C--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military installations,
facilities, and real property for the Army as currently
authorized by law, including personnel in the Army Corps of
Engineers and other personal services necessary for the
purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $1,021,768,000, to remain available until
September 30, 2023: Provided, That, of this amount, not to
exceed $110,068,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the Army
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps as
currently authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services
necessary for the purposes of this appropriation,
$2,118,619,000, to remain available until September 30, 2023:
Provided, That, of this amount, not to exceed $185,542,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently
authorized by law, $1,440,323,000, to remain available until
September 30, 2023: Provided, That, of this amount, not to
exceed $206,577,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Air Force determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $2,550,728,000,
to remain available until September 30, 2023: Provided, That
such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military
construction or family housing as the Secretary may designate,
to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That, of the amount, not
to exceed $192,345,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$190,122,000, to remain available until September 30, 2023:
Provided, That, of the amount, not to exceed $16,622,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of
the Army National Guard determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$129,126,000, to remain available until September 30, 2023:
Provided, That, of the amount, not to exceed $18,500,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of
the Air National Guard determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $64,919,000, to remain available until
September 30, 2023: Provided, That, of the amount, not to
exceed $5,855,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Chief of the Army Reserve determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and Marine
Corps as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts,
$43,065,000, to remain available until September 30, 2023:
Provided, That, of the amount, not to exceed $4,695,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $38,063,000, to remain
available until September 30, 2023: Provided, That, of the
amount, not to exceed $4,055,000 shall be available for study,
planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Air Force Reserve
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor: Provided further, That, the Chief of the Air Force
Reserve shall take immediate action to address unfunded
military construction requirements for access control points
and security issues at Air Force Reserve facilities.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $171,064,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$342,000,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$330,660,000, to remain available until September 30, 2023.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $376,509,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $104,581,000, to remain available until September 30,
2023.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $314,536,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$78,446,000, to remain available until September 30, 2023.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $317,274,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the military
departments) for operation and maintenance, leasing, and minor
construction, as authorized by law, $58,373,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $1,653,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military family housing and supporting
facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $600,000, to remain available until
expended, for unaccompanied housing initiatives undertaken
pursuant to section 2883 of title 10, United States Code,
providing alternative means of acquiring and improving military
unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000,
to be performed within the United States, except Alaska,
without the specific approval in writing of the Secretary of
Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized therein
are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in excess
of 100 percent of the value as determined by the Army Corps of
Engineers or the Naval Facilities Engineering Command, except:
(1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the
designee of the Attorney General; (3) where the estimated value
is less than $25,000; or (4) as otherwise determined by the
Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate any
activity from one base or installation to another, without
prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the opportunity
to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts estimated
by the Government to exceed $500,000 for projects to be
accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with host
nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories and
possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award any
contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be
applicable to contract awards for which the lowest responsive
and responsible bid of a United States contractor exceeds the
lowest responsive and responsible bid of a foreign contractor
by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military
construction on Kwajalein Atoll for which the lowest responsive
and responsible bid is submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel 30
days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to
exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current session
of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise expired
or lapsed for obligation, expired or lapsed funds may be used
to pay the cost of associated supervision, inspection,
overhead, engineering and design on those projects and on
subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for
a military construction project or contract, or for any portion
of such a project or contract, at any time before the end of
the fourth fiscal year after the fiscal year for which funds
for such project were made available, if the funds obligated
for such project: (1) are obligated from funds available for
military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which
the cost of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the Department
of Defense Family Housing Improvement Fund from amounts
appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and
for the same period of time as amounts appropriated directly to
the Fund; or (2) the Department of Defense Military
Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing
in ``Military Construction'' accounts, to be merged with and to
be available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be
available to cover the costs, as defined in section 502(5) of
the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United
States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied
housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure Account
to the fund established by section 1013(d) of the Demonstration
Cities and Metropolitan Development Act of 1966 (42 U.S.C.
3374) to pay for expenses associated with the Homeowners
Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). Any
amounts transferred shall be merged with and be available for
the same purposes and for the same time period as the fund to
which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of
funds for repair and maintenance of all family housing units,
including general or flag officer quarters: Provided, That not
more than $35,000 per unit may be spent annually for the
maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, except
that an after-the-fact notification shall be submitted if the
limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of both
Houses of Congress all operation and maintenance expenditures
for each individual general or flag officer quarters for the
prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title
10, United States Code, are appropriated and shall be available
until expended for the purposes specified in subsection (i)(1)
of such section or until transferred pursuant to subsection
(i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for military
construction and family housing operation and maintenance and
construction have expired for obligation, upon a determination
that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments
to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction,
Defense'', to be merged with and to be available for the same
time period and for the same purposes as the appropriation to
which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is
not performed by any other unit in the Army and is
specifically stipulated in title 10, United States
Code; and
(2) is located at a military installation at which
the total number of civilian employees of the
Department of the Army and Army contractor personnel
employed exceeds 10 percent of the total number of
members of the regular and reserve components of the
Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of the
Army, the Secretary complied with Army Regulation 5-10 relating
to the policy, procedures, and responsibilities for Army
stationing actions.
Sec. 123. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation 7000.14-
R, Volume 3, Chapter 7, of March 2011, as in effect on the date
of enactment of this Act.
Sec. 124. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 125. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2023:
``Military Construction, Army'', $94,100,000;
``Military Construction, Navy and Marine Corps'',
$196,850,000;
``Military Construction, Air Force'', $118,450,000;
``Military Construction, Army National Guard'',
$22,000,000;
``Military Construction, Air National Guard'',
$54,000,000;
``Military Construction, Army Reserve'',
$23,000,000; and
``Military Construction, Air Force Reserve'',
$84,800,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's unfunded priority list for fiscal year 2019
submitted to Congress: Provided further, That such projects
are subject to authorization prior to obligation and
expenditure of funds to carry out construction: Provided
further, That not later than 30 days after enactment of this
Act, the Secretary of the military department concerned, or his
or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
(rescissions of funds)
Sec. 126. Of the unobligated balances available to the
Department of Defense from prior appropriation Acts, the
following funds are hereby rescinded from the following
accounts in the amounts specified:
``NATO Security Investment Program'', $25,000,000;
``Military Construction, Air Force'', $31,158,000;
``Military Construction, Army National Guard'',
$10,000,000;
``Family Housing Construction, Navy and Marine
Corps'', $2,138,000; and
``The fund established in section 1013(d) of the
Demonstration Cities and Metropolitan Development Act
of 1966 (42 U.S.C. 3374)'', $15,333,000:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Sec. 127. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the Senate,
the Subcommittee on Military Construction and Veterans Affairs
of the Committee on Appropriations of the Senate, and the
Subcommittee on Military Construction and Veterans Affairs of
the Committee on Appropriations of the House of
Representatives.
Sec. 128. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 129. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any
element of a United States Air Force Rapid Engineer Deployable
Heavy Operational Repair Squadron Engineer (RED HORSE) outside
of the United States until the Secretary of the Air Force: (1)
completes an analysis and comparison of the cost and
infrastructure investment required to consolidate or relocate a
RED HORSE squadron outside of the United States versus within
the United States; (2) provides to the Committees on
Appropriations of both Houses of Congress (``the Committees'')
a report detailing the findings of the cost analysis; and (3)
certifies in writing to the Committees that the preferred site
for the consolidation or relocation yields the greatest savings
for the Air Force: Provided, That the term ``United States''
in this section does not include any territory or possession of
the United States.
Sec. 130. Notwithstanding section 124 of this Act, for an
additional amount for ``Military Construction, Army'' in this
title, $30,000,000, to remain available until expended, is
provided for completion of the Defense Access Roads project and
land acquisition for Arlington National Cemetery as authorized
by section 2101 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92) and section 2829A of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328): Provided, That such funds shall be in addition
to any other funds made available in this or prior year Acts
for such purposes, including funds made available by section
132 of the Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2016 (Public Law 114-113).
Sec. 131. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of
Defense--Military Construction, Navy and Marine Corps'',
``Department of Defense--Military Construction, Air Force'',
and ``Department of Defense--Military Construction, Defense-
Wide'' accounts pursuant to the authorization of appropriations
in a National Defense Authorization Act specified for fiscal
year 2019 in the funding table in section 4601 of that Act
shall be immediately available and allotted to contract for the
full scope of authorized projects.
Sec. 132. For an additional amount for the accounts and in
the amounts specified, for enhancing force protection and
safety at military installations, to remain available until
September 30, 2023:
``Military Construction, Navy and Marine Corps'',
$50,000,000; and
``Military Construction, Air Force'', $50,000,000:
Provided, That such projects are subject to authorization
prior to obligation and expenditure of funds to carry out
construction: Provided further, That not later than 30 days
after enactment of this Act, the Secretary of the military
department concerned, or his or her designee, shall submit to
the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section:
Provided further, That the Secretary of the military department
concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of
Congress of the expenditure plan required by this section.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53, 55,
and 61 of title 38, United States Code; pension benefits to or
on behalf of veterans as authorized by chapters 15, 51, 53, 55,
and 61 of title 38, United States Code; and burial benefits,
the Reinstated Entitlement Program for Survivors, emergency and
other officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of title IV
of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et
seq.) and for other benefits as authorized by sections 107,
1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of
title 38, United States Code, $2,994,366,000, which shall be in
addition to funds previously appropriated under this heading
that become available on October 1, 2018, to remain available
until expended; and, in addition, $109,017,152,000 shall become
available on October 1, 2019: Provided, That not to exceed
$18,047,000 of the amount made available for fiscal year 2020
under this heading shall be reimbursed to ``General Operating
Expenses, Veterans Benefits Administration'', and ``Information
Technology Systems'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United
States Code, the funding source for which is specifically
provided as the ``Compensation and Pensions'' appropriation:
Provided further, That such sums as may be earned on an actual
qualifying patient basis, shall be reimbursed to ``Medical Care
Collections Fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as
authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $14,065,282,000, to remain available until
expended and to become available on October 1, 2019: Provided,
That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under
subsection (a) of section 3104 of title 38, United States Code,
other than under paragraphs (1), (2), (5), and (11) of that
subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized
by chapters 19 and 21, title 38, United States Code,
$111,340,000, which shall become available on October 1, 2019,
and shall remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That,
during fiscal year 2019, within the resources available, not to
exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $200,612,000.
vocational rehabilitation loans program account
For the cost of direct loans, $39,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That funds made available under this
heading are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $2,037,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $396,000, which may be paid to the
appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,163,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement
of the Department of Defense for the cost of overseas employee
mail, $2,956,316,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and (11)
of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That, of the funds made available under this heading, not to
exceed 10 percent shall remain available until September 30,
2020.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including medical
supplies and equipment, bioengineering services, food services,
and salaries and expenses of healthcare employees hired under
title 38, United States Code, aid to State homes as authorized
by section 1741 of title 38, United States Code, assistance and
support services for caregivers as authorized by section 1720G
of title 38, United States Code, loan repayments authorized by
section 604 of the Caregivers and Veterans Omnibus Health
Services Act of 2010 (Public Law 111-163; 124 Stat. 1174; 38
U.S.C. 7681 note), monthly assistance allowances authorized by
section 322(d) of title 38, United States Code, grants
authorized by section 521A of title 38, United States Code, and
administrative expenses necessary to carry out sections 322(d)
and 521A of title 38, United States Code, and hospital care and
medical services authorized by section 1787 of title 38, United
States Code; $750,000,000, which shall be in addition to funds
previously appropriated under this heading that become
available on October 1, 2018; and, in addition,
$51,411,165,000, plus reimbursements, shall become available on
October 1, 2019, and shall remain available until September 30,
2020: Provided, That, of the amount made available on October
1, 2019, under this heading, $1,500,000,000 shall remain
available until September 30, 2021: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall establish a priority for the provision
of medical treatment for veterans who have service-connected
disabilities, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall give priority funding for
the provision of basic medical benefits to veterans in
enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the Secretary
of Veterans Affairs may authorize the dispensing of
prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written
prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs:
Provided further, That the Secretary of Veterans Affairs shall
ensure that sufficient amounts appropriated under this heading
for medical supplies and equipment are available for the
acquisition of prosthetics designed specifically for female
veterans.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $1,000,000,000, which shall
be in addition to funds previously appropriated under this
heading that become available on October 1, 2018; and, in
addition, $10,758,399,000, plus reimbursements, shall become
available on October 1, 2019, and shall remain available until
September 30, 2020: Provided, That, of the amount made
available on October 1, 2019, under this heading,
$2,000,000,000 shall remain available until September 30, 2021.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $7,239,156,000, plus reimbursements,
shall become available on October 1, 2019, and shall remain
available until September 30, 2020: Provided, That, of the
amount made available on October 1, 2019, under this heading,
$100,000,000 shall remain available until September 30, 2021.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition,
construction, and renovation of any facility under the
jurisdiction or for the use of the Department; for oversight,
engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the
jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for
laundry services; $90,180,000, which shall be in addition to
funds previously appropriated under this heading that become
available on October 1, 2018; and, in addition, $6,141,880,000,
plus reimbursements, shall become available on October 1, 2019,
and shall remain available until September 30, 2020: Provided,
That, of the amount made available on October 1, 2019, under
this heading, $250,000,000 shall remain available until
September 30, 2021.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $779,000,000, plus
reimbursements, shall remain available until September 30,
2020: Provided, That of the amount made available under this
heading, $27,000,000 shall remain available until September 30,
2023: Provided further, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this
heading are available for prosthetic research specifically for
female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; hire
of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $315,836,000, of which not to
exceed 10 percent shall remain available until September 30,
2020.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services
Administration for security guard services, $355,897,000, of
which not to exceed 10 percent shall remain available until
September 30, 2020: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $174,748,000, of which not to exceed 10 percent shall
remain available until September 30, 2020.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset acquisition
of information technology systems, including management and
related contractual costs of said acquisitions, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $4,103,000,000,
plus reimbursements: Provided, That $1,199,220,000 shall be
for pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2020: Provided
further, That $2,523,209,000 shall be for operations and
maintenance, of which not to exceed 5 percent shall remain
available until September 30, 2020: Provided further, That
$380,571,000 shall be for information technology systems
development, and shall remain available until September 30,
2020: Provided further, That amounts made available for
salaries and expenses, operations and maintenance, and
information technology systems development may be transferred
among the three subaccounts after the Secretary of Veterans
Affairs requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That amounts made
available for the ``Information Technology Systems'' account
for development may be transferred among projects or to newly
defined projects: Provided further, That no project may be
increased or decreased by more than $1,000,000 of cost prior to
submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval is
issued, or absent a response, a period of 30 days has elapsed:
Provided further, That the funds made available under this
heading for information technology systems development shall be
for the projects, and in the amounts, specified under this
heading in the joint explanatory statement accompanying this
Act.
veterans electronic health record
For activities related to implementation, preparation,
development, interface, management, rollout, and maintenance of
a Veterans Electronic Health Record system, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, and salaries and
expenses of employees hired under titles 5 and 38, United
States Code, $1,107,000,000, to remain available until
September 30, 2021: Provided, That the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress quarterly reports detailing
obligations, expenditures, and deployment implementation by
facility: Provided further, That the funds provided in this
account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided
further, That none of the funds made available under this
heading may be obligated in a manner inconsistent with
deployment schedules provided to the Committees on
Appropriations unless the Secretary of Veterans Affairs
provides notification to the Committees on Appropriations of
such change and an approval is issued.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $192,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2020.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections 316,
2404, 2406 and chapter 81 of title 38, United States Code, not
otherwise provided for, including planning, architectural and
engineering services, construction management services,
maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated
cost of a project is more than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, or where funds
for a project were made available in a previous major project
appropriation, $1,127,486,000, of which $647,486,000 shall
remain available until September 30, 2023, and of which
$480,000,000 shall remain available until expended, of which
$400,000,000 shall be available for seismic improvement
projects and seismic program management activities, including
for projects that would otherwise be funded by the
Construction, Minor Projects, Medical Facilities or National
Cemetery Administration accounts: Provided, That except for
advance planning activities, including needs assessments which
may or may not lead to capital investments, and other capital
asset management related activities, including portfolio
development and management activities, and investment strategy
studies funded through the advance planning fund and the
planning and design activities funded through the design fund,
including needs assessments which may or may not lead to
capital investments, and salaries and associated costs of the
resident engineers who oversee those capital investments funded
through this account and contracting officers who manage
specific major construction projects, and funds provided for
the purchase, security, and maintenance of land for the
National Cemetery Administration through the land acquisition
line item, none of the funds made available under this heading
shall be used for any project that has not been notified to
Congress through the budgetary process or that has not been
approved by the Congress through statute, joint resolution, or
in the explanatory statement accompanying such Act and
presented to the President at the time of enrollment: Provided
further, That funds made available under this heading for
fiscal year 2019, for each approved project shall be obligated:
(1) by the awarding of a construction documents contract by
September 30, 2019; and (2) by the awarding of a construction
contract by September 30, 2020: Provided further, That the
Secretary of Veterans Affairs shall promptly submit to the
Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for
which obligations are not incurred within the time limitations
established above: Provided further, That notwithstanding the
requirements of section 8104(a) of title 38, United States
Code, amounts made available under this heading for seismic
improvement projects and seismic program management activities
shall be available for the completion of both new and existing
seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering
services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or
for any of the purposes set forth in sections 316, 2404, 2406
and chapter 81 of title 38, United States Code, not otherwise
provided for, where the estimated cost of a project is equal to
or less than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, $649,514,000, to remain available
until September 30, 2023, along with unobligated balances of
previous ``Construction, Minor Projects'' appropriations which
are hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused
by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by
such causes.
grants for construction of
state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel, modify,
or alter existing hospital, nursing home, and domiciliary
facilities in State homes, for furnishing care to veterans as
authorized by sections 8131 through 8137 of title 38, United
States Code, $150,000,000, to remain available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2019 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2019, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans
Affairs to the Committees on Appropriations of both Houses of
Congress of the amount and purpose of the transfer: Provided
further, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only
after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and an approval is issued: Provided further, That
any transfers to or from the ``Medical Facilities'' account may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles; lease of a facility or land or
both; and uniforms or allowances therefore, as authorized by
sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any new
hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to veterans,
and persons receiving such treatment under sections 7901
through 7904 of title 5, United States Code, or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.)), unless reimbursement of the cost of such
hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the
Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2018.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior
year appropriations accounts resulting from sections 3328(a),
3334, and 3712(a) of title 31, United States Code, except that
if such obligations are from trust fund accounts they shall be
payable only from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2019, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year
2019 that are available for dividends in that program after
claims have been paid and actuarially determined reserves have
been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount
of surplus earnings accumulated in that program, reimbursement
shall be made only to the extent of such surplus earnings:
Provided further, That the Secretary shall determine the cost
of administration for fiscal year 2019 which is properly
allocable to the provision of each such insurance program and
to the provision of any total disability income insurance
included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by that
account during a prior fiscal year for providing enhanced-use
lease services, may be obligated during the fiscal year in
which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management, the
Office of Employment Discrimination Complaint Adjudication, the
Office of Accountability and Whistleblower Protection, and the
Office of Diversity and Inclusion for all services provided at
rates which will recover actual costs but not to exceed
$48,431,000 for the Office of Resolution Management, $4,333,000
for the Office of Employment Discrimination Complaint
Adjudication, $17,700,000 for the Office of Accountability and
Whistleblower Protection, and $3,230,000 for the Office of
Diversity and Inclusion: Provided, That payments may be made
in advance for services to be furnished based on estimated
costs: Provided further, That amounts received shall be
credited to the ``General Administration'' and ``Information
Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of
section 1729 of such title: Provided, That the Secretary may
recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from
any person who does not make such disclosure as required:
Provided further, That any amounts so recovered for care or
services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are
received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or
for the use of the Department of Veterans Affairs. Such sums as
realized are in addition to the amount provided for in
``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities,
supplies, and equipment; and
(2) for funeral expenses, burial expenses, and
other expenses incidental to funerals and burials for
beneficiaries receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State
of Alaska and Indian tribes and tribal organizations which are
party to the Alaska Native Health Compact with the Indian
Health Service, to provide healthcare, including behavioral
health and dental care, to veterans in rural Alaska. The
Secretary shall require participating veterans and facilities
to comply with all appropriate rules and regulations, as
established by the Secretary. The term ``rural Alaska'' shall
mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts, to remain available until expended for the
purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress
a report on the financial status of the Department of Veterans
Affairs for the preceding quarter: Provided, That, at a
minimum, the report shall include the direction contained in
the paragraph entitled ``Quarterly reporting'', under the
heading ``General Administration'' in the joint explanatory
statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and ``National
Cemetery Administration'' accounts for fiscal year 2019 may be
transferred to or from the ``Information Technology Systems''
account: Provided, That such transfers may not result in a
more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology
Systems'' account: Provided further, That, before a transfer
may take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is
issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2019 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $301,578,000, plus
reimbursements, may be transferred to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress: Provided further,
That section 220 of title II of division J of Public Law 115-
141 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2019, for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', up to
$307,609,000, plus reimbursements, may be transferred to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 3571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated in
this section to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as described
by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500) shall also be available: (1) for transfer to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 3571); and (2) for
operations of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2573), amounts transferred to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a minimum
of $15,000,000 shall be transferred to the DOD-VA Health Care
Sharing Incentive Fund, as authorized by section 8111(d) of
title 38, United States Code, to remain available until
expended, for any purpose authorized by section 8111 of title
38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress of
all bid savings in a major construction project that total at
least $5,000,000, or 5 percent of the programmed amount of the
project, whichever is less: Provided, That such notification
shall occur within 14 days of a contract identifying the
programmed amount: Provided further, That the Secretary shall
notify the Committees on Appropriations of both Houses of
Congress 14 days prior to the obligation of such bid savings
and shall describe the anticipated use of such savings.
Sec. 225. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the original
justification data provided to the Congress as part of the
request for appropriations unless the Secretary of Veterans
Affairs receives approval from the Committees on Appropriations
of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress
a quarterly report containing performance measures and data
from each Veterans Benefits Administration Regional Office:
Provided, That, at a minimum, the report shall include the
direction contained in the section entitled ``Disability claims
backlog'', under the heading ``General Operating Expenses,
Veterans Benefits Administration'' in the joint explanatory
statement accompanying Public Law 114-223: Provided further,
That the report shall also include information on the number of
appeals pending at the Veterans Benefits Administration as well
as the Board of Veterans Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational changes
which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which obligations
exceed $2,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs of
the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2019 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal year
2019, that were provided in advance by appropriations Acts:
Provided, That transfers shall be made only with the approval
of the Office of Management and Budget: Provided further, That
the transfer authority provided in this section is in addition
to any other transfer authority provided by law: Provided
further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such authority to transfer may not be
used unless for higher priority items, based on emergent
healthcare requirements, than those for which originally
appropriated and in no case where the item for which funds are
requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred
from an appropriation are not necessary, such amounts may be
transferred back to that appropriation and shall be available
for the same purposes as originally appropriated: Provided
further, That before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of
Veterans Affairs for fiscal year 2019, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be transferred
between such accounts: Provided, That before a transfer may
take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and receive
approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $7,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall
ensure that the toll-free suicide hotline under section
1720F(h) of title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American
Association of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action
that prohibits the Secretary of Veterans Affairs from
appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at the
Department of Veterans Affairs with respect to such a position
relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning
given such term in section 2101(1) of title 5, United
States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential
memorandum, or other action by the President;
and
(ii) any agency policy, order, or other
directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a
study on the effectiveness of the hotline specified in
subsection (a) during the five-year period beginning on January
1, 2016, based on an analysis of national suicide data and data
collected from such hotline.
(2) At a minimum, the study required by paragraph (1)
shall--
(A) determine the number of veterans who contact
the hotline specified in subsection (a) and who receive
follow up services from the hotline or mental health
services from the Department of Veterans Affairs
thereafter;
(B) determine the number of veterans who contact
the hotline who are not referred to, or do not continue
receiving, mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs (VA) hospitals,
domiciliaries, or clinics, conduct an environmental assessment,
or to diminish healthcare services at existing Veterans Health
Administration medical facilities located in Veterans
Integrated Service Network 23 as part of a planned realignment
of VA services until the Secretary provides to the Committees
on Appropriations of both Houses of Congress a report including
the following elements:
(1) a national realignment strategy that includes a
detailed description of realignment plans within each
Veterans Integrated Services Network (VISN), including
an updated Long Range Capital Plan to implement
realignment requirements;
(2) an explanation of the process by which those
plans were developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned
realignment, including the cost of replacing Veterans
Health Administration services with contract care or
other outsourced services;
(4) an analysis of how any such planned realignment
of services will impact access to care for veterans
living in rural or highly rural areas, including travel
distances and transportation costs to access a VA
medical facility and availability of local specialty
and primary care;
(5) an inventory of VA buildings with historic
designation and the methodology used to determine the
buildings' condition and utilization;
(6) a description of how any realignment will be
consistent with requirements under the National
Historic Preservation Act; and
(7) consideration given for reuse of historic
buildings within newly identified realignment
requirements: Provided, That, this provision shall not
apply to capital projects in VISN 23, or any other
VISN, which have been authorized or approved by
Congress.
Sec. 234. Effective during the period beginning on October
1, 2018 and ending on January 1, 2024, none of the funds made
available to the Secretary of Veterans Affairs by this or any
other Act may be obligated or expended in contravention of the
``Veterans Health Administration Clinical Preventive Services
Guidance Statement on the Veterans Health Administration's
Screening for Breast Cancer Guidance'' published on May 10,
2017, as issued by the Veterans Health Administration National
Center for Health Promotion and Disease Prevention.
Sec. 235. (a) Notwithstanding any other provision of law,
the amounts appropriated or otherwise made available to the
Department of Veterans Affairs for the ``Medical Services''
account may be used to provide--
(1) fertility counseling and treatment using
assisted reproductive technology to a covered veteran
or the spouse of a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning
given such term in section 101 of title 38, United
States Code.
(2) The term ``covered veteran'' means a veteran,
as such term is defined in section 101 of title 38,
United States Code, who has a service-connected
disability that results in the inability of the veteran
to procreate without the use of fertility treatment.
(3) The term ``assisted reproductive technology''
means benefits relating to reproductive assistance
provided to a member of the Armed Forces who incurs a
serious injury or illness on active duty pursuant to
section 1074(c)(4)(A) of title 10, United States Code,
as described in the memorandum on the subject of
``Policy for Assisted Reproductive Services for the
Benefit of Seriously or Severely Ill/Injured (Category
II or III) Active Duty Service Members'' issued by the
Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement
such policy, including any limitations on the amount of
such benefits available to such a member except that--
(A) the time periods regarding embryo
cryopreservation and storage set forth in part
III(G) and in part IV(H) of such memorandum
shall not apply; and
(B) such term includes embryo
cryopreservation and storage without limitation
on the duration of such cryopreservation and
storage.
(4) The term ``adoption reimbursement'' means
reimbursement for the adoption-related expenses for an
adoption that is finalized after the date of the
enactment of this Act under the same terms as apply
under the adoption reimbursement program of the
Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the requirements
for funds contained in section 508 of division H of the
Consolidated Appropriations Act, 2018 (Public Law 115-141).
(rescission of funds)
Sec. 236. Of the funds made available for fiscal year 2019
under the heading ``Department of Veterans Affairs--Veterans
Health Administration--Medical Support and Compliance'' in
title II of division J of the Consolidated Appropriations Act,
2018 (Public Law 115-141), $211,000,000 is hereby rescinded.
Sec. 237. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of Columbia,
and Independent Agencies Appropriations Act, 2006 (Public Law
109-115; 119 Stat. 2506); or (2) section 8110(a)(5) of title
38, United States Code.
Sec. 238. Section 842 of Public Law 109-115 shall not
apply to conversion of an activity or function of the Veterans
Health Administration, Veterans Benefits Administration, or
National Cemetery Administration to contractor performance by a
business concern that is at least 51 percent owned by one or
more Indian tribes as defined in section 5304(e) of title 25,
United States Code, or one or more Native Hawaiian
Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 239. (a) Except as provided in subsection (b), the
Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Secretary of Labor, shall
discontinue using Social Security account numbers to identify
individuals in all information systems of the Department of
Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than 5 years
after the date of the enactment of this Act.
(2) For all individuals not described in paragraph
(1), not later than 8 years after the date of the
enactment of this Act.
(b) The Secretary of Veterans Affairs may use a Social
Security account number to identify an individual in an
information system of the Department of Veterans Affairs if and
only if the use of such number is required to obtain
information the Secretary requires from an information system
that is not under the jurisdiction of the Secretary.
Sec. 240. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2019 and 2020 for ``Medical
Services'', section 239 of Division A of Public Law 114-223
shall apply.
Sec. 241. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund to
any other account within the Department of Veterans Affairs.
Sec. 242. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2019 and fiscal year
2020 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 243. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2019 and 2020, section of
Division A of Public Law 114-223 shall apply.
Sec. 244. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this title
to ensure that the ratio of veterans to full-time employment
equivalents within any program of rehabilitation conducted
under chapter 31 of title 38, United States Code, does not
exceed 125 veterans to one full-time employment equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the programs of rehabilitation conducted under chapter 31 of
title 38, United States Code, including--
(1) an assessment of the veteran-to-staff ratio for
each such program; and
(2) recommendations for such action as the
Secretary considers necessary to reduce the veteran-to-
staff ratio for each such program.
Sec. 245. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members of
Congress or their staff on any topic not otherwise prohibited
from disclosure by Federal law or required by Executive Order
to be kept secret in the interest of national defense or the
conduct of foreign affairs.
Sec. 246. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2019 and 2020, section 258 of
Division A of Public Law 114-223 shall apply.
Sec. 247. None of the funds appropriated or otherwise made
available by this Act may be used to conduct research using
canines unless: the scientific objectives of the study can only
be met by research with canines; the study has been directly
approved by the Secretary; and the study is consistent with the
revised Department of Veterans Affairs canine research policy
document released on December 18, 2017: Provided, That not
later than 180 days after enactment of this Act, the Secretary
shall submit to the Committees on Appropriations of both Houses
of Congress a detailed report outlining under what
circumstances canine research may be needed if there are no
other alternatives, how often it was used during that time
period, and what protocols are in place to determine both the
safety and efficacy of the research.
Sec. 248. For an additional amount for the Department of
Veterans Affairs, $2,000,000,000 to remain available until
expended, for infrastructure improvements, including new
construction, and in addition to amounts otherwise made
available in this Act for such purpose, of which:
(1) $750,000,000 shall be available for seismic
improvement projects and seismic program management
activities, including projects that would otherwise be
funded by the Construction, Major Projects, the
Construction, Minor Projects, Medical Facilities, or
National Cemetery Administration accounts;
(2) $300,000,000 shall be for ``Departmental
Administration--Construction, Major Projects'';
(3) $800,000,000 shall be for ``Veterans Health
Administration--Medical Facilities'' to be used for
non-recurring maintenance; and
(4) $150,000,000 shall be for ``Departmental
Administration--Construction, Minor Projects'':
Provided, That the additional amounts appropriated for the
purposes of non-recurring maintenance and minor construction
may be used to carry out critical life-safety projects
identified in the Department's annual facility condition
assessments; sustainment projects; modernization projects;
infrastructure repair; renovations at existing Veterans Health
Administration medical centers and outpatient clinics; and
projects included in the Strategic Capital Investment Process
plan: Provided further, That funds made available under this
section for ``Construction, Major Projects'' shall be available
for previously authorized and partially funded major
construction projects: Provided further, That notwithstanding
the requirements of section 8104(a) of title 38, United States
Code, amounts made available under this heading for seismic
improvement projects and seismic program management activities
shall be available for the completion of both new and existing
projects of the Department: Provided further, That the
additional amounts appropriated under this section may not be
obligated or expended until the Secretary of Veterans Affairs
submits to the Committees on Appropriations of both Houses of
Congress, and such Committees approve, a detailed expenditure
plan, including project descriptions and costs, for any non-
recurring maintenance, minor construction, major construction,
or seismic improvement project being funded with the additional
amounts made available in this administrative provision.
Sec. 249. (a) Prohibition on Use of Funds.--None of the
funds appropriated or otherwise made available by this Act may
be used to deny an Inspector General funded under this Act
timely access to any records, documents, or other materials
available to the department or agency of the United States
Government over which such Inspector General has
responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.), or to prevent or impede the access of such
Inspector General to such records, documents, or other
materials, under any provision of law, except a provision of
law that expressly refers to such Inspector General and
expressly limits the right of access of such Inspector General.
(b) Timely Access.--A department or agency covered by this
section shall provide its Inspector General access to all
records, documents, and other materials in a timely manner.
(c) Compliance.--Each Inspector General covered by this
section shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Report.--Each Inspector General covered by this section
shall report to the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of
Representatives within 5 calendar days of any failure by any
department or agency covered by this section to comply with
this section.
Sec. 250. (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.
Sec. 251. None of the funds made available in this Act may
be used in a manner that would increase wait times for veterans
who seek care at medical facilities of the Department of
Veterans Affairs.
Sec. 252. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may
be used in fiscal year 2019 to convert any program which
received specific purpose funds in fiscal year 2018 to a
general purpose funded program unless the Secretary of Veterans
Affairs submits written notification of any such proposal to
the Committees on Appropriations of both Houses of Congress at
least thirty days prior to any such action and an approval is
issued by the Committees.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and
monuments outside of the United States and its territories and
possessions; rent of office and garage space in foreign
countries; purchase (one-for-one replacement basis only) and
hire of passenger motor vehicles; not to exceed $42,000 for
official reception and representation expenses; and insurance
of official motor vehicles in foreign countries, when required
by law of such countries, $104,000,000, to remain available
until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$34,955,000: Provided, That $2,580,000 shall be available for
the purpose of providing financial assistance as described and
in accordance with the process and reporting procedures set
forth under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-for-
one basis only, and not to exceed $2,000 for official reception
and representation expenses, $80,800,000, of which not to
exceed $15,000,000 shall remain available until September 30,
2021. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the
``Lease of Department of Defense Real Property for Defense
Agencies'' account.
construction
For necessary expenses for planning and design and
construction at Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, $33,600,000, to remain
available until expended, for planning and design and
construction associated with the Southern Expansion project at
Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$64,300,000, of which $1,000,000 shall remain available until
expended for construction and renovation of the physical plants
at the Armed Forces Retirement Home--Washington, District of
Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available
under this heading from funds available in the Armed Forces
Retirement Home Trust Fund, $22,000,000 shall be paid from the
general fund of the Treasury to the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account
established under 10 U.S.C. 4727 are appropriated and shall be
available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $192,250,000, to remain available until September 30,
2023, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $227,320,000, to remain available until
September 30, 2023, for projects outside of the United States:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'' $414,800,000, to remain available until September 30,
2023, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $87,050,000, to remain available until
September 30, 2023, for projects outside of the United States:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Administrative Provisions
Sec. 401. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 shall be
available only if the President subsequently so designates all
such amounts and transmits such designations to the Congress.
Sec. 402. None of the funds appropriated for military
construction projects outside the United States under this
title may be obligated or expended for planning and design of
any project associated with the European Deterrence Initiative
until the Secretary of Defense develops and submits to the
congressional defense committees, in a classified and
unclassified format, a list of all of the military construction
projects associated with the European Deterrence Initiative
which the Secretary anticipates will be carried out during each
of the fiscal years 2020 through 2024.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment,
the protection of private property rights, or unfunded
mandates.
Sec. 503. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business
practices and public service activities.
Sec. 504. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 506. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of the
United States House of Representatives.
Sec. 507. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 508. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 509. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for first-
class travel by an employee of the agency in contravention of
sections 301-10.122 through 301-10.124 of title 41, Code of
Federal Regulations.
Sec. 510. None of the funds made available in this Act may
be used to execute a contract for goods or services, including
construction services, where the contractor has not complied
with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles
for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 512. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or possessions
to house any individual detained at United States Naval
Station, Guantanamo Bay, Cuba, for the purposes of detention or
imprisonment in the custody or under the control of the
Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2019''.
And the Senate agree to the same.
Rodney P. Frelinghuysen,
Michael K. Simpson,
John R. Carter,
Ken Calvert,
Jeff Fortenberry,
Charles F. Fleischmann,
Jaime Herrera Beutler,
Scott Taylor,
Managers on the Part of the House.
Richard C. Shelby,
Lamar Alexander,
John Boozman,
Steve Daines,
James Lankford,
Patrick J. Leahy,
Dianne Feinstein,
Brian Schatz,
Christopher Murphy,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 5895) making
appropriations for the energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for
other purposes, submit the following joint statement to the
House and Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report.
This conference agreement includes the Energy and Water
Development and Related Agencies Appropriations Act, 2019, the
Legislative Branch Appropriations Act, 2019, and the Military
Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2019. The Senate amendment included the
Senate versions of each of those bills (S. 2975, S. 3071, and
S. 3024, respectively). Similarly, the House bill included the
House versions of the legislation (H.R. 5895, H.R. 5894, and
H.R. 5786, respectively). H.R. 5895 was passed by the House on
June 8, 2018 and used as the vehicle for the Senate amendment,
which passed the Senate on June 25, 2018.
Section 1 of the conference agreement is the short title
of the bill.
Section 2 of the conference agreement displays a table of
contents.
Section 3 of the conference agreement states that, unless
expressly provided otherwise, any reference to ``this Act''
contained in any division shall be treated as referring only to
the provisions of that division.
Section 4 provides a statement of appropriations.
The conference agreement does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined by clause 9 of rule XXI of the Rules of the
House of Representatives.
DIVISION A--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
The following statement to the House of Representatives
and the Senate is submitted in explanation of the agreed upon
Act making appropriations for energy and water development for
the fiscal year ending September 30, 2019, and for other
purposes.
This conference report, while repeating some report
language for emphasis, does not intend to negate the language
and allocations set forth in House Report 115-697 and Senate
Report 115-258 and that direction shall be complied with unless
specifically addressed to the contrary in the accompanying bill
or conference report. Additionally, where this conference
report states that the ``agreement only includes'' or ``the
following is the only'' direction, any direction included in
the House or Senate report on that matter shall be considered
as replaced with the direction provided within this conference
report. In cases where the House or the Senate has directed the
submission of a report, such report is to be submitted to the
Committees on Appropriations of both Houses of Congress. House
or Senate reporting requirements with deadlines prior to or
within 15 days of the enactment of this Act shall be submitted
not later than 60 days after the enactment of this Act. All
other reporting deadlines not changed by this conference report
are to be met.
Funds for the individual programs and activities within
the accounts in this Act are displayed in the detailed table at
the end of the conference report for this Act. Funding levels
that are not displayed in the detailed table are identified in
this conference report.
In fiscal year 2019, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177),
the following information provides the definition of the term
``program, project, or activity'' for departments and agencies
under the jurisdiction of the Energy and Water Development
Appropriations Act. The term ``program, project, or activity''
shall include the most specific level of budget items
identified in the Energy and Water Development Appropriations
Act, 2019 and the conference report accompanying the Act.
Dam Removal.--No specific funding was provided in fiscal
year 2018 and none was requested by any agencies funded in this
Act in fiscal year 2019 for the purpose of removing a federally
owned or operated dam without prior authorization by Congress.
Consequently, no specific funds for unauthorized federal dam
removal are included for any agency funded in this Act.
Columbia River spill.--Many conferees have grave concerns
about judicial interference in the operation of the
hydroelectric dams on the Columbia and Snake Rivers. In 2016, a
federal judge overturned the 2014 Federal Columbia River Power
System Biological Opinion, a plan that was painstakingly
negotiated by scientists and engineering experts at federal
agencies under the Bush and Obama Administrations, affected
states, sovereign Northwest tribes, and local stakeholders.
More troubling, the judge also ordered additional forced spill
through the system beginning in early April 2018 without
requiring plaintiffs to show that harm or threat to species
would result without that action. There was no specific
scientific backing cited for this decision. Spilling at this
increased level can threaten the reliability of the federal
power and transmission systems and result in impacts to
transportation and barging systems, flood control capabilities,
and irrigation systems. Additionally, some scientific studies
warn that increased gas levels stemming from the spill ordered
by the decision could in fact harm the very fish species the
Biological Opinion was developed to protect. Estimates of the
cost to the transmission system and ratepayers are
approximately $40 million for 2018 alone.
Civil Works Reorganization Proposal
On July 30, 2018, the Secretary of Defense approved a
Secretary of the Army memorandum identifying specific actions
the Army will take in support of the Administration's proposed
reorganization of the Civil Works program of the U.S. Army
Corps of Engineers. The proposal includes taking the Civil
Works program out of the Corps with navigation going to the
Department of Transportation for infrastructure grants and the
remaining accounts to the Department of the Interior.
The conferees are opposed to the proposed reorganization
as it could ultimately have detrimental impacts for
implementation of the Civil Works program and for the numerous
non-federal entities that rely on the Corps' technical
expertise, including in response to natural disasters.
The conferees are extremely concerned that an action of
this magnitude, which crosses multiple jurisdictional lines and
has far-reaching consequences, was not properly brought to
Congress as a proposal, allowing for oversight and hearings as
to its effects. Notification and discussion with Members of
Congress and Committee staffs was nonexistent. Further, this
type of proposal, as the Department of Defense and the Corps
are well aware, will require enactment of legislation, which
has neither been proposed nor requested to date. Therefore, no
funds provided in this Act or any previous Act to any agency
shall be used to implement this proposal.
TITLE I--CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables included in this title set forth the
dispositions with respect to the individual appropriations,
projects, and activities of the Corps of Engineers. Additional
items of the Act are discussed below.
Recent statutory changes regarding the Inland Waterways
Trust Fund (IWTF) have resulted in an increase to the size of
the capital improvement program that can be supported by the
IWTF. The agreement reflects congressional interest in
supporting this larger program. The Corps is directed to take
the preparatory steps necessary to ensure that new construction
projects can be initiated as soon as can be supported under the
larger capital program (i.e., as ongoing projects approach
completion).
Concerns persist that the effort to update the Water
Resources Principles and Guidelines did not proceed consistent
with the language or intent of section 2031 of the Water
Resources Development Act of 2007. No funds provided to the
Corps of Engineers shall be used to develop or implement rules
or guidance to support implementation of the final Principles
and Requirements for Federal Investments in Water Resources
released in March 2013 or the final Interagency Guidelines
released in December 2014. The Corps shall continue to use the
document dated March 10, 1983, and entitled ``Economic and
Environmental Principles and Guidelines for Water and Related
Land Resources Implementation Studies'' during the fiscal year
period covered by the Energy and Water Development
Appropriations Act for 2019.
Asian Carp.--In lieu of House and Senate direction, the
Secretary of the Army, acting through the Chief of Engineers,
shall make every effort to submit to Congress the Report of the
Chief of Engineers for the Brandon Road feasibility study
according to the original published schedule of February 2019.
The conferees understand that the money allocated to the study
in the fiscal year 2018 work plan and the fiscal year 2019
budget request is sufficient to complete the feasibility phase.
The Corps is encouraged to move expeditiously to the
preconstruction engineering and design (PED) phase once
feasibility is complete, including requesting sufficient
funding in future budget submissions. The Corps is directed to
provide quarterly updates to the Committees on Appropriations
of both Houses of Congress on the progress and status of
efforts to prevent the further spread of Asian carp as well as
the location and density of carp populations, including the use
of emergency procedures.
The Corps shall continue to collaborate with the U.S.
Coast Guard, the U.S. Fish and Wildlife Service, the State of
Illinois, and members of the Asian Carp Regional Coordinating
Committee to identify and evaluate whether navigation protocols
would be beneficial or effective in reducing the risk of
vessels inadvertently carrying aquatic invasive species,
including Asian carp, through the Brandon Road Lock and Dam in
Joliet, Illinois. Any findings of such an evaluation shall be
included in the quarterly briefings to the Committees. The
Corps is further directed to implement navigation protocols
shown to be effective at reducing the risk of entrainment
without jeopardizing the safety of vessels and crews. The Corps
and other federal and state agencies are conducting ongoing
research on potential solutions. The Corps shall brief the
Committees on Appropriations of both Houses of Congress on such
navigation protocols and potential solutions within 30 days of
enactment of this Act.
Budget Structure Changes.--The agreement includes House
and Senate language regarding budget structure changes.
Apportionment Under a Continuing Resolution.--The
conferees are concerned about recent changes in the way funds
are apportioned under a continuing resolution. Artificially
limiting the Corps' flexibility to fund the highest priority
projects during the time of a continuing resolution by creating
demarcations between funds from the Harbor Maintenance Trust
Fund, the Inland Waterways Trust Fund, and the general fund
impedes efficient and effective implementation of the Civil
Works program. The conferees believe the previous policy on
apportionment under a continuing resolution, which provides
maximum flexibility, should be restored.
Report on Flood and Storm Damage Reduction Business
Line.--Not later than 180 days after the date of enactment of
this Act, the Corps shall provide to the Committees on
Appropriations of both Houses of Congress a report that
provides a definition for the terms ``coastal project'' and
``inland project'' within the flood and coastal storm damage
reduction business line. For each of the last ten fiscal years,
the report shall include the total amount of funding allocated
to coastal projects and the total amount of funding allocated
to inland projects within this business line. The report shall
name each project and include an analysis comparing the level
of funding in proportion to the amount of work needed in
coastal areas.
Report on Certain Cost-Shared Projects.--The Corps shall
submit to the appropriate committees of Congress a report that
includes a list of all cost-shared Corps projects that as of
the date of enactment of this Act are physically and fiscally
complete and for which excess non-federal funds have not been
returned to the non-federal project sponsor. With respect to
each project on the list, the report shall describe the status
of returning the excess funds to the non-federal project
sponsor and providing the non-federal project sponsor a final
accounting of the project.
Everglades Restoration and Lake Okeechobee.--The
restoration of the Everglades, as described in the
Comprehensive Everglades Restoration Plan (CERP) authorized by
Public Law 106-541 is the most ambitious environmental
restoration program in our nation's history. The objectives of
CERP are the restoration, preservation, and protection of the
South Florida ecosystem, while providing for other water
related needs, including water supply and flood protection.
The Corps shall continue to implement CERP, as
authorized, to ensure the protection of water quality, to
reduce the loss of fresh water, and to improve the environment
of the South Florida ecosystem, while achieving and maintaining
the benefits to the natural system and human environment
described in the Plan. The equal partnership between the
federal government and the State of Florida remains essential
to accomplishing the objectives of the Plan. The conferees note
that the Plan authorizes a 50/50 federal-state cost share for
all aspects of congressionally authorized restoration projects,
including, where applicable, water quality project features or
components.
The discharge of excess water from Lake Okeechobee to the
Caloosahatchee Estuary and the Indian River Lagoon represents a
significant loss of fresh water from the South Florida
ecosystem. The diversion of those discharges to CERP projects
or features, such as 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. To minimize
downstream impacts from reduced water quality and harmful algal
blooms to local communities and wildlife habitat, the Corps is
encouraged, when appropriate, to only conduct releases of water
from Lake Okeechobee to the Caloosahatchee Estuary or the
Indian River Lagoon in pulses, unless a release is necessary to
protect the integrity of the Herbert Hoover Dike and minimize
threats to lives and human health.
Additional Funding
The agreement includes funding in addition to the budget
request to ensure continued improvements to our national
economy, public safety, and environmental health that result
from water resources projects. This funding is for additional
work that either was not included in the budget request or was
inadequately budgeted. The bill contains a provision requiring
the Corps to allocate funds in accordance with only the
direction in this agreement. In lieu of all House and Senate
report direction--under any heading--regarding additional
funding, new starts, and the fiscal year 2019 work plan, the
Corps shall follow the direction included in this conference
report.
The executive branch retains complete discretion over
project-specific allocation decisions within the additional
funds provided, subject to only the direction here and under
the heading ``Additional Funding'' or ``Additional Funding for
Ongoing Work'' within each of the Investigations, Construction,
Mississippi River and Tributaries, and Operation and
Maintenance accounts. A study or project may not be excluded
from evaluation for being ``inconsistent with Administration
policy.'' Voluntary funding in excess of legally required cost
shares for studies and projects is acceptable, but shall not be
used as a criterion for allocating the additional funding
provided or for the selection of new starts.
The Administration is reminded that these funds are in
addition to the budget request, and Administration budget
metrics shall not be a reason to disqualify a study or project
from being funded. It is expected that all of the additional
funding provided will be allocated to specific programs,
projects, or activities. The focus of the allocation process
shall favor the obligation, rather than expenditure, of funds.
The Corps shall evaluate all studies and projects only
within accounts and categories consistent with previous
congressional funding. When allocating the additional funding
provided in this Act, the Corps shall consider eligibility and
implementation decisions under Public Law 115-123 so as to
maximize the reduction of risk to public safety and
infrastructure and the reduction of future damages from floods
and storms nationwide.
A project or study shall be eligible for additional
funding within the Investigations, Construction, and
Mississippi River and Tributaries accounts if: (1) it has
received funding, other than through a reprogramming, in at
least one of the previous three fiscal years; (2) it was
previously funded and could reach a significant milestone,
complete a discrete element of work, or produce significant
outputs in calendar year 2019; or (3) as appropriate, it is
selected as one of the new starts allowed in accordance with
this Act and the additional direction provided below. Projects
with executed Advanced Project Partnership Agreements, or
similar agreements, shall be eligible for additional funding
provided in this bill. None of the additional funding in any
account may be used for any item where funding was specifically
denied or for projects in the Continuing Authorities Program.
Funds shall be allocated consistent with statutory cost share
requirements.
Work Plan.--Not later than 60 days after the enactment of
this Act, the Corps shall provide to the Committees on
Appropriations of both Houses of Congress a work plan including
the following information: (1) a detailed description of the
process and criteria used to evaluate studies and projects; (2)
delineation of how these funds are to be allocated; (3) a
summary of the work to be accomplished with each allocation,
including phase of work and the study or project's remaining
cost to complete (excluding Operation and Maintenance); and (4)
a list of all studies and projects that were considered
eligible for funding but did not receive funding, including an
explanation of whether the study or project could have used
funds in calendar year 2019 and the specific reasons each study
or project was considered as being less competitive for an
allocation of funds.
New Starts.--The agreement includes six new starts in the
Investigations account and five new starts in the Construction
account to be distributed across the authorized mission areas
of the Corps.
Of the new starts in Investigations, one shall be for a
navigation study; one shall be for a flood and storm damage
reduction study; one shall be for an environmental restoration
study; and three shall be for navigation, flood and storm
damage reduction, environmental restoration, water supply, or
multi-purpose studies. In the appropriate categories, the Corps
shall consider selection of a small, remote, or subsistence
navigation study and a multi-purpose watershed study to address
coastal resiliency. Of the new construction starts, one shall
be for a navigation project; one shall be for a flood and storm
damage reduction project; one shall be for an environmental
restoration project; and two shall be for navigation, flood and
storm damage reduction, environmental restoration, or multi-
purpose projects. In the appropriate categories, the Corps
shall consider selection of a coastal storm damage reduction
project. No funding shall be used to initiate new programs,
projects, or activities in the Mississippi River and
Tributaries or Operation and Maintenance accounts.
The Corps is directed to propose a single group of new
starts as a part of the work plan. None of the funds may be
used for any item for which the agreement has specifically
denied funding. The Corps may not change or substitute the new
starts selected once the work plan has been provided to the
Committees on Appropriations of both Houses of Congress. Each
new start shall be funded from the appropriate additional
funding line item. Any project for which the new start
requirements are not met by the end of fiscal year 2019 shall
be treated as if the project had not been selected as a new
start; such a project shall be required to compete again for
new start funding in future years. As all new starts are to
bechosen by the Corps, all shall be considered of equal importance, and
the expectation is that future budget submissions will include
appropriate funding for all new starts selected.
There continues to be confusion regarding the executive
branch's policies and guidelines regarding which studies and
projects require new start designations. Therefore, the Corps
is directed to notify the Committees on Appropriations of both
Houses of Congress at least 7 days prior to execution of an
agreement for construction of any project except environmental
infrastructure projects and projects under the Continuing
Authorities Program. Additionally, the agreement reiterates and
clarifies previous congressional direction as follows. Neither
study nor construction activities related to individual
projects authorized under section 1037 of the Water Resources
Reform and Development Act (WRRDA) of 2014 shall require a new
start or new investment decision; these activities shall be
considered ongoing work. No new start or new investment
decision shall be required when moving from feasibility to PED.
A new start designation shall be required to initiate
construction of individually-authorized projects funded within
programmatic line items. No new start or new investment
decision shall be required to initiate work on a separable
element of a project when construction of one or more separable
elements of that project was initiated previously; it shall be
considered ongoing work. A new construction start shall not be
required for work undertaken to correct a design deficiency on
an existing federal project; it shall be considered ongoing
work. The Corps is reminded that resumptions are just that--
resumption of previously-initiated studies or projects and, as
such, do not require new start designations.
In addition to the priority factors used to allocate all
additional funding provided in the Investigations account, the
Corps should give careful consideration to the out-year budget
impacts of the studies selected and to whether there appears to
be an identifiable local sponsor that will be ready and able to
provide, in a timely manner, the necessary cost share for the
feasibility and PED phases. The Corps is reminded that the
flood and storm damage reduction mission area can include
instances where non-federal sponsors are seeking assistance
with flood control and unauthorized discharges from permitted
wastewater treatment facilities and that the navigation mission
area includes work in remote and subsistence harbor areas.
Within the flood and storm damage reduction mission, the Corps
is urged to strive for an appropriate balance between inland
and coastal projects.
In addition to the priority factors used to allocate all
additional funding provided in the Construction account, the
Corps also shall consider the out-year budget impacts of the
selected new starts; and the cost sharing sponsor's ability and
willingness to promptly provide the cash contribution (if any),
as well as required lands, easements, rights-of-way,
relocations, and disposal areas. When considering new
construction starts, only those that can execute a project cost
sharing agreement not later than September 30, 2019, shall be
chosen.
To ensure that the new construction starts are affordable
and will not unduly delay completion of any ongoing projects,
the Secretary is required to submit to the Committees on
Appropriations of both Houses of Congress a realistic out-year
budget scenario prior to issuing a work allowance for a new
start. It is understood that specific budget decisions are made
on an annual basis and that this scenario is neither a request
for nor a guarantee of future funding for any project.
Nonetheless, this scenario shall include an estimate of annual
funding for each new start utilizing a realistic funding
scenario through completion of the project, as well as the
specific impacts of that estimated funding on the ability of
the Corps to make continued progress on each previously funded
construction project (including impacts to the optimum timeline
and funding requirements of the ongoing projects) and on the
ability to consider initiating new projects in the future. The
scenario shall assume a Construction account funding level at
the average of the past three budget requests.
Execution of Corps Funding
The conferees are concerned with delays in executing
funds that have been appropriated in regular and supplemental
appropriations bills. While the Office of Management and Budget
(OMB) has a responsibility to oversee execution of the funds,
the conferees are concerned that OMB is adding additional
burdens to the Corps' processes that may result in unnecessary
delays and potentially overriding technical and expert
judgments by the Corps. The conferees expect funds appropriated
in this Act to be quickly and efficiently executed, consistent
with the terms and conditions in this conference report.
INVESTIGATIONS
The agreement includes $125,000,000 for Investigations.
The agreement includes legislative language regarding
parameters for new study starts.
The allocation for projects and activities within the
Investigations account is shown in the following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Passaic River Basin Mainstem, New Jersey.--Flooding has
long been a problem in the Passaic River Basin. The Corps is
encouraged to continue to work in coordination with the non-
federal sponsor on plans to reduce flooding in the basin,
including the reevaluation of the Passaic River Basin Mainstem
project. The Corps is directed to brief the Committees on
Appropriations of both Houses of Congress not later than 30
days after the enactment of this Act on the current status of
this project.
Peckman River, New Jersey.--There have been repeated
delays with the Peckman River Feasibility Study. The Corps is
directed to provide to the Committees on Appropriations of both
Houses of Congress quarterly briefings on the current schedule
to bring this study to completion, with the first briefing to
occur not later than 30 days after the enactment of this Act.
Rahway River Basin (Upper Basin), New Jersey.--There have
been extended delays with the Rahway River Basin Flood Risk
Management Feasibility Study where flooding is of acute concern
to the affected communities. The Corps is encouraged to
continue to work with the non-federal sponsor on plans to
reduce flooding caused by the Rahway River in affected areas.
The Corps is directed to provide to the Committees on
Appropriations of both Houses of Congress quarterly briefings
on the current schedule to bring this study to completion, with
the first briefing to occur not later than 30 days after the
enactment of this Act. The Corps is encouraged to include
funding for this study in future budget submissions.
Additional Funding.--The Corps is expected to allocate
the additional funding provided in this account primarily to
specific feasibility and PED phases, rather than to Remaining
Items line items as has been the case in previous work plans.
Of the additional funding provided in this account for
navigation and coastal and deep draft navigation, the Corps
shall allocate not less than $2,500,000 for navigation PED. Of
the additional funding provided in this account for flood and
storm damage reduction and shore protection, the Corps shall
allocate not less than $400,000 for shore protection PED. When
allocating the additional funding provided in this account, the
Corps shall consider giving priority to completing or
accelerating ongoing studies or to initiating new studies that
will enhance the nation's economic development, job growth, and
international competitiveness; are for projects located in
areas that have suffered recent natural disasters; are for
projects that protect life and property; are for projects to
restore floodplain and aquatic habitat through cost-effective
and tested means; or are for projects to address legal
requirements. The Corps shall use these funds for additional
work in both the feasibility and PED phases. The agreement
includes sufficient additional funding to undertake a
significant amount of feasibility and PED work. The
Administration is reminded that a project study is not complete
until the PED phase is complete. The Corps is reminded that
environmental restoration can include projects that address
degraded conditions due to prior flood protection work. The
Corps is reminded that the updating of economic analyses and
economic impact studies are eligible to receive additional
funding.
Water Resources Priorities Study.--No funding shall be
used for this study.
Disposition of Completed Projects.--The agreement
includes Senate direction. Additionally, the agreement supports
the budget request for the disposition study pursuant to
facilities that closed as a result of Public Law 113-121. The
Corps is directed to provide to the Committees on
Appropriations of both Houses of Congress copies of this study
upon completion. For Corps facilities that are deemed as excess
in such study, the Committee supports the disposal of those
facilities through the appropriate General Services
Administration process.
Research and Development.--Within available funds, the
Corps shall advance work on activities included in the House
and Senate reports.
Puget Sound.--The conferees encourage the Corps to
proceed with the tiered implementation strategy using all
existing authorities as outlined in the Puget Sound Nearshore
Ecosystem Restoration Project Feasibility Study, Completion
Strategy Guidance dated June 2015. The Corps is further
directed to recognize the Puget Sound Nearshore Study as the
feasibility component for the purposes of Section 544 of the
Water Resources Development Act of 2000. The Corps is commended
for initiating PED on the Duckabush River Estuary component of
this project. The Corps is urged to include funding in future
budget submissions to continue PED, as completing this project
is critical to restoring the natural processes in the nearshore
zone that sustain biological and economic resources.
Upper Mississippi River-Illinois Waterway System.--The
fiscal year 2018 work plan allocated $1,000,000 to initiate and
complete an economic update of the Navigation Ecosystem
Sustainability Program. Not later than 60 days after the
enactment of this Act, the Corps shall provide to the
Committees on Appropriations of both Houses of Congress a
report on the scope of the economic update and any expected
future costs for completing the study phase. The Corps is
encouraged to complete the economic update expeditiously, so
that PED can resume in a timely fashion.
CONSTRUCTION
The agreement includes $2,183,000,000 for Construction.
The agreement includes legislative language regarding
Chickamauga Lock, Tennessee River, Tennessee. The agreement
includes legislative language regarding parameters for new
construction starts.
The allocation for projects and activities within the
Construction account is shown in the following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Updated Capability.--The agreement adjusts some project-
specific allocations downward from the budget request based on
updated information regarding the amount of work that could be
accomplished in fiscal year 2019.
Additional Funding.--The agreement includes additional
funds for projects and activities to enhance the nation's
economic growth and international competitiveness. Of the
additional funds provided in this account, the Corps shall
allocate not less than $4,445,000 to projects with riverfront
development components. Of the additional funding provided in
this account for flood and storm damage reduction and flood
control, the Corps shall allocate not less than $9,800,000 to
additional nonstructural flood control projects. Of the
additional funds provided in this account for flood and storm
damage reduction, navigation, and other authorized project
purposes, the Corps shall allocate not less than $25,000,000 to
authorized reimbursements for projects with executed project
cooperation agreements and that have completed construction or
where non-federal sponsors intend to use the funds for
additional water resources development activities. Of the
additional funding provided in this account for flood and storm
damage reduction and flood control, the Corps shall allocate
not less than $20,000,000 to continue construction of projects
that principally address drainage in urban areas, of which not
less than $4,500,000 shall be for projects that principally
include improvements to rainfall drainage systems that address
flood damages. Of the additional funding provided in this
account, the Corps shall allocate not less than $1,800,000 to
complete a plan for a purpose outside the Corps' traditional
mission.
The Corps is reminded that dam safety projects authorized
under section 5003 of the Water Resources Development Act of
2007 are eligible to compete for the additional funding
provided in this account.
Public Law 115-123 included funding within the Flood
Control and Coastal Emergencies account to restore authorized
shore protection projects to full project profile. That funding
is expected to address most of the current year capability.
Therefore, to ensure funding is not directed to where it cannot
be used, the agreement includes $55,000,000 for construction of
shore protection projects. The Corps is reminded that if
additional work can be done, these projects are also eligible
to compete for additional funding for flood and storm damage
reduction.
When allocating the additional funding provided in this
account, the Corps is encouraged to evaluate authorized
reimbursements in the same manner as if the projects were being
evaluated for new or ongoing construction. When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to the following:
1. benefits of the funded work to the national
economy;
2. extent to which the work will enhance national,
regional, or local economic development;
3. number of jobs created directly and supported in
the supply chain by the funded activity;
4. significance to national security, including the
strategic significance of commodities;
5. ability to obligate the funds allocated within
the fiscal year, including consideration of the ability
of the non-federal sponsor to provide any required cost
share;
6. ability to complete the project, separable
element, or project phase with the funds allocated;
7. legal requirements, including responsibilities
to Tribes;
8. for flood and storm damage reduction projects
(including authorized nonstructural measures and
periodic beach renourishments),
a. population, economic activity, or public
infrastructure at risk, as appropriate; and
b. the severity of risk of flooding or the
frequency with which an area has experienced
flooding;
9. for shore protection projects, projects in areas
that have suffered severe beach erosion requiring
additional sand placement outside of the normal beach
renourishment cycle or in which the normal beach
renourishment cycle has been delayed;
10. for navigation projects, the number of jobs or
level of economic activity to be supported by
completion of the project, separable element, or
project phase;
11. for projects cost shared with the IWTF, the
economic impact on the local, regional, and national
economy if the project is not funded, as well as
discrete elements of work that can be completed within
the funding provided in this line item;
12. for other authorized project purposes and
environmental restoration or compliance projects, to
include the beneficial use of dredged material; and
13. for environmental infrastructure, projects with
the greater economic impact, projects in rural
communities, projects in communities with significant
shoreline and instances of runoff, projects in or that
benefit counties or parishes with high poverty rates,
projects in financially distressed municipalities,
projects that improve stormwater capture capabilities,
and projects that will provide substantial benefits to
water quality improvements.
The following is the only direction with regard to the
availability of additional funds for IWTF projects. The
agreement provides funds making use of all estimated annual
revenues and some additional prior-year revenues in the IWTF.
The Corps shall allocate all funds provided in the IWTF
Revenues line item along with the statutory cost share from
funds provided in the Navigation line item prior to allocating
the remainder of funds in the Navigation line item.
Aquatic Plant Control Program.--Of the funding provided
for the Aquatic Plant Control Program, $1,000,000 shall be for
activities for the control of the flowering rush. Of the
funding provided for the Aquatic Plant Control Program,
$5,000,000 shall be for nationwide research and development to
address invasive aquatic plants; within this funding, the Corps
is encouraged to support cost shared aquatic plant management
programs. Of the funding provided for the Aquatic Plant Control
Program, $5,000,000 shall be for watercraft inspection
stations, as authorized by section 1039 of the WRRDA of 2014,
and $1,000,000 shall be for related monitoring.
Continuing Authorities Program (CAP).--The agreement
continues to support all sections of the Continuing Authorities
Program. Funding is provided for eight CAP sections at a total
of $66,000,000, an increase of $62,500,000 above the budget
request, which proposed funding for only four sections. This
program provides a useful tool for the Corps to undertake small
localized projects without the lengthy study and authorization
process typical of larger Corps projects. Within the Continuing
Authorities Program and to the extent already authorized by
law, the Corps is encouraged to consider projects that enhance
coastal and ocean ecosystem resiliency and projects that
restore degraded wetland habitat and stream habitat impacted by
construction of Corps levees. The management of the Continuing
Authorities Program shall continue consistent with direction
provided in previous fiscal years.
Dam Safety and Seepage/Stability Correction Program.--The
conferees reject the budget request proposal regarding Herbert
Hoover Dike, which would make funds provided in this program
available only if the State of Florida commits certain funds.
Consistent with long-standing congressional direction, the
Corps may not require funding in excess of legally required
cost shares for studies and projects as a criterion for funding
decisions. The Corps shall apply these funds to the highest
priority projects.
Beneficial Use of Dredged Material Pilot Program.--The
agreement includes House direction on this program.
Public-Private Partnerships.--The agreement only includes
direction in the Expenses account.
Oyster Restoration.--The conferees support Gulf Coast
oyster restoration efforts and the Chesapeake Bay Oyster
Restoration program. The Corps is encouraged to include funding
in future budget submissions for these efforts.
Metro East Levees.--The conferees urge the Corps to
include funding for the Metro East levee system in future
budget submissions.
Rehabilitation of Corps Constructed Dams.--Implementation
guidance for section 1177 of the WIIN Act is awaiting approval.
The Corps is directed to submit this implementation guidance to
the Committees on Appropriations of both Houses of Congress as
expeditiously as possible.
Natural Infrastructure Options.--The agreement includes
Senate direction with the clarification that it applies during
the project formulation phase.
Camp Ellis Beach, Saco, Maine.--The conferees are
concerned by the continued delay in implementing a solution at
Camp Ellis Beach in Saco, Maine. To address continued erosion,
which has destroyed 37 homes to date, the Corps' initial study
recommended a shore damage mitigation project consisting of a
750-foot-long spur jetty, and placement of about 360,000 cubic
yards of beach fill along the beach. The project's design and
costs are under review and being updated in preparation for a
new report to Congress detailing a path ahead on the project.
Accordingly, the conferees direct the Secretary to
expeditiously submit this report to the Committees on
Appropriations of both Houses of Congress. This report shall
include any additional legislative authorities necessary for
the project to be approved and constructed.
Soo Locks, Sault Ste. Marie, Chippewa County, Michigan.--
The conferees are aware that the Corps has released a new Soo
Lock Economic Validation Study and Post Authorization Change
Report with a strong benefit to cost ratio and a recommendation
to move forward on construction of a new lock. The Corps is
urged to include funding for the new lock in future budget
submissions.
MISSISSIPPI RIVER AND TRIBUTARIES
The agreement includes $368,000,000 for Mississippi River
and Tributaries.
The allocation for projects and activities within the
Mississippi River and Tributaries account is shown in the
following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Additional Funding for Ongoing Work.--When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to completing or accelerating ongoing
work that will enhance the nation's economic development, job
growth, and international competitiveness, or are for studies
or projects located in areas that have suffered recent natural
disasters. While this funding is shown under remaining items,
the Corps shall use these funds in investigations,
construction, and operation and maintenance, as applicable. Of
the additional funds provided in this account for flood
control, the Corps shall allocate not less than $14,420,000 for
additional flood control construction projects. Of the
additional funds provided in this account for other authorized
project purposes, the Corps shall allocate not less than
$975,000 for operation and maintenance of facilities that are
educational or to continue land management of mitigation
features.
Mississippi River Commission.--No funding is provided for
this new line item. The Corps is directed to continue funding
the costs of the commission from within the funds provided for
activities within the Mississippi River and Tributaries
project.
OPERATION AND MAINTENANCE
The agreement includes $3,739,500,000 for Operation and
Maintenance.
The allocation for projects and activities within the
Operation and Maintenance account is shown in the following
table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Updated Capability.--The agreement adjusts some project-
specific allocations downward from the budget request based on
updated information regarding the amount of work that could be
accomplished in fiscal year 2019.
Additional Funding for Ongoing Work.--When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to the following:
1. ability to complete ongoing work maintaining
authorized depths and widths of harbors and shipping
channels, including where contaminated sediments are
present;
2. ability to address critical maintenance backlog;
3. presence of the U.S. Coast Guard;
4. extent to which the work will enhance national,
regional, or local economic development, including
domestic manufacturing capacity;
5. extent to which the work will promote job growth
or international competitiveness;
6. number of jobs created directly by the funded
activity;
7. ability to obligate the funds allocated within
the fiscal year;
8. ability to complete the project, separable
element, project phase, or useful increment of work
within the funds allocated;
9. addressing hazardous barriers to navigation due
to shallow channels;
10. risk of imminent failure or closure of the
facility; and
11. for harbor maintenance activities,
a. total tonnage handled;
b. total exports;
c. total imports;
d. dollar value of cargo handled;
e. energy infrastructure and national
security needs served;
f. designation as strategic seaports;
g. lack of alternative means of freight
movement; and
h. savings over alternative means of
freight movement.
Additional funding provided for donor and energy transfer
ports shall be allocated in accordance with 33 U.S.C. 2238c.
The Corps is encouraged to include funding for this program in
future budget submissions. The Corps is directed to execute
fully subsection (c) of 33 U.S.C. 2238c not later than 90 days
after enactment of this Act.
The Corps is reminded that debris removal activities
pursuant to 33 U.S.C. 603a, including in urban waterways, and
activities necessary to carry out soil moisture and snowpack
monitoring are eligible to compete for additional funding in
this account.
Concerns persist that the Administration's criteria for
navigation maintenance do not allow small, remote, or
subsistence harbors and waterways to properly compete for
scarce navigation maintenance funds. The Corps is urged to
revise the criteria used for determining which navigation
projects are funded in order to develop a reasonable and
equitable allocation under this account. The criteria should
include the economic impact that these projects provide to
local and regional economies.
Aquatic Nuisance Research Program.--Within available
funds, the Corps is encouraged to support research that will
identify and develop improved strategies for early detection,
prevention, and management techniques and procedures to reduce
the occurrence and impacts of harmful algal blooms in our
nation's water resources.
Coastal Inlet Research Program.--The conferees understand
that communities, infrastructure, commerce, and resources that
are tied to the coastal nearshore region are all vulnerable to
damage from extreme coastal events and long-term coastal
change. Funding in addition to the budget request is included
for the Corps to establish and lead a multi-university effort
to identify engineering frameworks to address coastal
resilience needs, to develop adaptive pathways that lead to
coastal resilience, measure the coastal forces that lead to
infrastructure damage and erosion during extreme storm events,
and to improve coupling of terrestrial and coastal models.
Funding in addition to the budget request is also included for
the Corps to continue work with the National Oceanic and
Atmospheric Administration's National Water Center on
protecting the nation's water resources.
Facility Protection.--The agreement provides funding for
completion and deployment of tools to address hydrologic
extremes.
Monitoring of Completed Navigation Projects.--Of the
funding provided, $4,000,000 shall be to support the structural
health monitoring program to facilitate research to maximize
operations, enhance efficiency, and protect asset life through
catastrophic failure mitigation; $2,000,000 shall be for
research related to the impacts of reduced navigational lock
operations as described in the Senate report; and $600,000
shall be available for additional work on advanced non-
destructive testing methods of inspection and the validation of
technologies such as protective coatings. The Corps is directed
to brief the Committees on Appropriations of both Houses of
Congress not later than 90 days after the enactment of this Act
on its planned activities in each area, future funding
requirements of ongoing efforts, and the scope and
effectiveness of programs at various annual funding levels. The
Corps is encouraged to also consider the need for additional
work on the evaluation of grouted trunnion rods.
National Dam Safety Program.--The Corps, in cooperation
with the Federal Energy Regulatory Commission and the Bureau of
Reclamation, shall contract with an independent peer review
organization to conduct a comprehensive Independent External
Peer Review (IEPR) of risk-informed dam safety practices in
these three federal agencies with the intent to inform
improvements broadly in national dam safety practices. The
Corps is directed to contract with an independent peer review
organization in accordance with its current review policy and
the National Academy of Science IEPR process. The IEPR shall
also consider how dam safety practices are affected by human
factors, as well as how risk informed analysis in other
industries may be applicable to dam safety practices.
National (Multiple Project) Natural Resources Management
Activities.--Any costs to cover administrative fees or any
other efforts necessary to resolve encroachments that were the
result of past land surveying errors made by the Corps are
eligible for funding provided above the budget request.
Water Operations Technical Support.--Funding in addition
to the budget request is included for research into atmospheric
rivers first funded in fiscal year 2015, of which $5,000,000 is
included to continue ongoing efforts, and an additional
$2,500,000 is provided to expand this research effort to other
locations as appropriate. Prior to obligating these funds for
this expanded effort, however, the Corps shall brief the
Committees on Appropriations of both Houses of Congress on the
details of an expanded effort, including activities to be
undertaken, the total and annual cost estimate, expected
transferability of tools developed of other results of the
research, as well as the likelihood of additional investment
being necessary. The Corps shall scope the expanded effort to
fit within recent annual funding levels.
Great Lakes Navigation System.--The agreement includes
funding for individual projects within this System that exceeds
the funding level envisioned in section 210(d)(1)(B)(ii) of the
Water Resources Development Act of 1986.
Kennebec River Long-Term Maintenance Dredging.--The
agreement includes Senate direction.
WIFIA Planning and Development.--The agreement only
includes direction in the Expenses account.
REGULATORY PROGRAM
The agreement includes $200,000,000 for the Regulatory
Program.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The agreement includes $150,000,000 for the Formerly
Utilized Sites Remedial Action Program.
FLOOD CONTROL AND COASTAL EMERGENCIES
The agreement includes $35,000,000 for Flood Control and
Coastal Emergencies.
EXPENSES
The agreement includes $193,000,000 for Expenses.
Alternative financing.--The agreement includes House
direction and Senate direction under the heading ``Public-
Private Partnerships'' in the Construction account.
Additionally, funds above the budget request in this account
are available, if needed, to implement House or Senate
direction or to further efforts to develop a programmatic
proposal on the WIFIA program for inclusion in a future budget
submission.
Inventory of Corps projects.--The agreement includes
Senate direction with the clarification that the inventory is
of existing and ongoing studies and projects.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
The agreement includes $5,000,000 for the Office of the
Assistant Secretary of the Army for Civil Works. The agreement
includes legislative language that restricts the availability
of funding until the Secretary submits a work plan that
allocates at least 95 percent of the additional funding
provided in each account (i.e., 95 percent of additional
funding provided in Investigations, 95 percent of additional
funding provided in Construction, etc.). This restriction shall
not affect the roles and responsibilities established in
previous fiscal years of the Office of the Assistant Secretary
of the Army for Civil Works, the Corps headquarters, the Corps
field operating agencies, or any other executive branch agency.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision relating to
reprogramming.
The agreement includes a provision regarding the
allocation of funds.
The agreement includes a provision prohibiting the use of
funds to carry out any contract that commits funds beyond the
amounts appropriated for that program, project, or activity.
The agreement includes a provision concerning funding
transfers related to fish hatcheries.
The agreement includes a provision regarding certain
dredged material disposal activities.
The agreement includes a provision regarding
acquisitions.
The agreement includes a provision regarding
reallocations at a project.
The agreement includes a provision regarding section 404
of the Federal Water Pollution Control Act.
The agreement includes a provision prohibiting the
obligation or expenditure of funds on a new hopper dredge.
The agreement includes a provision prohibiting funds for
reorganization of the Civil Works program.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
The agreement includes a total of $15,000,000 for the
Central Utah Project Completion Account, which includes
$12,703,325 for Central Utah Project construction, $898,000 for
transfer to the Utah Reclamation Mitigation and Conservation
Account for use by the Utah Reclamation Mitigation and
Conservation Commission, and $1,398,675 for necessary expenses
of the Secretary of the Interior.
Bureau of Reclamation
In lieu of all House and Senate report direction
regarding additional funding and the fiscal year 2019 work
plan, the agreement includes direction under the heading
``Additional Funding for Water and Related Resources Work'' in
the Water and Related Resources account.
Reconsultation.--The agreement includes House language.
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The conferees provide $1,391,992,000 for Water and
Related Resources.
The agreement for Water and Related Resources is shown in
the following table:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Additional Funding for Water and Related Resources
Work.--The agreement includes funds in addition to the budget
request for Water and Related Resources studies, projects, and
activities. Priority in allocating these funds should be given
to advance and complete ongoing work, including preconstruction
activities and where environmental compliance has been
completed; improve water supply reliability; improve water
deliveries; enhance national, regional, or local economic
development; promote job growth; advance tribal and nontribal
water settlement studies and activities; or address critical
backlog maintenance and rehabilitation activities. Of the
additional funding provided under the heading ``Water
Conservation and Delivery'', $134,000,000 shall be for water
storage projects as authorized in section 4007 of Public Law
114-322. Of the additional funding provided under the heading
``Water Conservation and Delivery'', $15,000,000 shall be for
water conservation activities in areas experiencing extreme,
exceptional, or extended drought conditions. Of the additional
funding provided under the heading ``Environmental Restoration
or Compliance'', not less than $30,000,000 shall be for
activities authorized under sections 4001 and 4010 of Public
Law 114-322 or as set forth in federal-state plans for
restoring threatened and endangered fish species affected by
the operation of the Bureau of Reclamation's water projects.
Funding associated with each category may be allocated to any
eligible study or project, as appropriate, within that
category; funding associated with each subcategory may be
allocated only to eligible studies or projects, as appropriate,
within that subcategory.
Not later than 45 days after the enactment of this Act,
Reclamation shall provide to the Committees on Appropriations
of both Houses of Congress a report delineating how these funds
are to be distributed, in which phase the work is to be
accomplished, and an explanation of the criteria and rankings
used to justify each allocation.
Reclamation is reminded that the following activities are
eligible to compete for funding under the appropriate heading:
activities authorized under Indian Water Rights Settlements;
all authorized rural water projects, including those with
tribal components, those with non-tribal components, and those
with both; aquifer recharging efforts to address the ongoing
backlog of related projects; conjunctive use projects and other
projects to maximize groundwater storage and beneficial use;
and activities authorized under section 206 of Public Law 113-
235.
Research and Development: Desalination and Water
Purification Program.--Of the funding provided for this
program, $12,000,000 shall be for desalination projects as
authorized in section 4009(a) of Public Law 114-322.
WaterSMART Program: Title XVI Water Reclamation & Reuse
Program.--Of the funding provided for this program, $20,000,000
shall be for water recycling and reuse projects as authorized
in section 4009(c) of Public Law 114-322.
Aquifer Recharge.--Many states have implemented new
methods of recharging aquifers for increased water storage and
drought mitigation. Reclamation is directed to work closely
with project beneficiaries to identify and resolve any barriers
to aquifer recharge projects when appropriate.
CALFED Water Storage Feasibility Studies.--The agreement
includes Senate language.
Rural Water.--Voluntary funding in excess of legally
required cost shares for rural water projects is acceptable,
but shall not be used by Reclamation as a criterion for
allocating additional funding provided in this agreement or for
budgeting in future years.
Buried Metallic Water Pipe.--Reclamation shall continue
following its temporary design guidance.
CENTRAL VALLEY PROJECT RESTORATION FUND
The agreement provides $62,008,000 for the Central Valley
Project Restoration Fund.
The agreement includes House direction regarding the
Anadromous Fish Screen Program.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $35,000,000 for the California
Bay-Delta Restoration Program.
POLICY AND ADMINISTRATION
The agreement provides $61,000,000 for Policy and
Administration.
The conferees recommend that Reclamation work with all
Reclamation states to ensure that counties and municipalities
are aware of relevant programs and funding opportunities.
Reclamation Project Reimbursability Decisions.--In
September 2017, the Department of the Interior's Office of
Inspector General released a report calling into question the
transparency of Reclamation's financial participation in the
State of California's Bay-Delta Conservation Plan (BDCP).
Although Reclamation disputed several findings and
recommendations in the report, Reclamation has taken steps to
update its current practices and internal guidelines to better
align with report recommendations. Reclamation is directed to
provide to the Committees on Appropriations of both Houses of
Congress 1) not later than 10 days after the enactment of this
Act or after finalizing these updates, written copies of the
relevant documents; and 2) not later than December 1, 2018, a
list of instances of redirecting appropriated funds from the
intended purpose outlined in the previous year's budget
request.
The conferees have heard concerns of administrative
delays and excessive review times in the award and
implementation of financial assistance agreement funding.
Reclamation is urged to address factors related to these
issues, including lags in completing contracts, in a timely and
efficient manner.
ADMINISTRATIVE PROVISION
The agreement includes a provision limiting the Bureau of
Reclamation to purchase not more than five passenger vehicles
for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
The agreement includes a provision outlining the
circumstances under which the Bureau of Reclamation may
reprogram funds.
The agreement includes a provision regarding the San Luis
Unit and Kesterson Reservoir in California.
The agreement includes a provision regarding aquifer
recharge at a project.
The agreement includes a provision regarding a
feasibility study.
The agreement includes a provision regarding a pilot
program in the Colorado River Basin and authorization of
appropriations under the Secure Water Act.
The agreement includes a provision regarding a rural
water project.
TITLE III--DEPARTMENT OF ENERGY
The conferees provide $35,685,317,000 for the Department
of Energy to fund programs in its primary mission areas of
science, energy, environment, and national security.
Not later than 120 days after the enactment of this Act,
the Secretary of Energy, in consultation with the Secretary of
Defense, shall submit to the congressional energy and defense
committees a report evaluating military installations at which
it would be cost-effective to establish partnerships 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.
Research and Development Policy.--The Department is
directed throughout all of its programs to maintain a diverse
portfolio of early-, mid-, and late-stage research,
development, and market transformation activities. The
Department is further directed to fully execute the funds
appropriated in a timely manner and to keep the Committees on
Appropriations of both Houses of Congress apprised of progress
in implementing funded programs, projects, and activities.
Reprogramming Requirements
The agreement carries the Department's reprogramming
authority in statute to ensure that the Department carries out
its programs consistent with congressional direction. The
Department shall, when possible, submit consolidated,
cumulative notifications to the Committees on Appropriations of
both Houses of Congress.
Definition.--A reprogramming includes the reallocation of
funds from one program, project, or activity to another within
an appropriation. For construction projects, a reprogramming
constitutes the reallocation of funds from one construction
project to another project or a change of $2,000,000 or 10
percent, whichever is less, in the scope of an approved
project.
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
The conferees provide $2,379,000,000 for Energy
Efficiency and Renewable Energy (EERE).
The Department is directed to maintain a diverse
portfolio of early-, mid-, and late-stage research,
development, and market transformation activities. The
Department is further directed to fully execute the funds
appropriated in a timely manner and to keep the Committees on
Appropriations of both Houses of Congress apprised of progress
in implementing funded programs, projects, and activities.
Priority shall be given to stewarding the assets and optimizing
the operations of EERE designated user facilities across the
Department's complex. In future budget submissions, the
Department is directed to demonstrate a commitment to
operations and maintenance of facilities that support the
Department's critical missions within EERE.
The Department is directed to provide to the Committees
on Appropriations of both Houses of Congress not later than 180
days after the enactment of this Act a report on research and
development activities that support the utilization and
advancement of high-efficiency linear generator power plant
technologies and how these technologies can be incorporated
into other EERE programs.
Within available funds for EERE, the conferees include
not less than $20,000,000 to bring cybersecurity into early-
stage technology R&D so that it is built into new technology
for this effort to encompass all EERE programs. Within 180 days
of enactment of this Act, the Department shall submit to the
Committees on Appropriations of both Houses of Congress a
multi-year program plan for this effort to encompass all EERE
programs.
SUSTAINABLE TRANSPORTATION
Vehicle Technologies.--Within available funds, the
conferees include $7,000,000 for operations and maintenance of
the National Transportation Research Center; not less than
$163,200,000 for Battery and Electrification Technologies; not
less than $38,100,000 for electric drive research and
development, of which $7,000,000 is to enable extreme fast
charging and advanced battery analytics; not less than
$30,000,000 for Materials Technology; not less than $12,500,000
for the Co-Optimization of Engine and Fuels Multi-Laboratory
Consortium; $25,000,000 for early-stage research on multi-
material joining and propulsion materials at the national
laboratories, and carbon fiber-reinforced composites at the
Carbon Fiber Technology Facility; and $10,000,000 for continued
funding of Section 131 of the 2007 Energy Independence and
Security Act for transportation electrification. The agreement
provides $20,000,000 for the five awards under the SuperTruck
II program to further improve the efficiency of heavy-duty
class 8 long- and regional-haul vehicles. The Department is
directed to continue to support the Clean Cities program,
including competitive grants to support alternative fuel,
infrastructure, and vehicle deployment activities. The
agreement provides $46,300,000 for Outreach, Deployment, and
Analysis. Within this amount, $37,800,000 is provided for
Deployment through the Clean Cities Program and $2,500,000 is
for a new 4-year collegiate engineering competition, EcoCAR4.
Within available funds, the agreement provides $15,000,000 for
medium- and heavy-duty on-road natural gas engine research and
development to address technical barriers to the increased use
of natural gas vehicles.
Bioenergy Technologies.--Within available funds, the
conferees include $30,000,000 for feedstock supply and
logistics, of which $14,000,000 is for the national lab
consortium and $5,000,000 is for upgrades at the Biomass
Feedstock National User Facility to extend its capabilities and
maximize benefits; $32,000,000 for algal biofuels, of which
$2,000,000 is for further research and development activities
to support carbon capture from the atmosphere (ambient air)
using algae-to-energy technologies; $57,500,000 for
Demonstration and Market Transformation, of which not less than
$12,500,000 is for the Co-Optimization of Engine and Fuels
Multi-Laboratory Consortium; and $95,000,000 for Conversion
Technologies. Within available funds, $5,000,000 is to continue
the biopower program, $5,000,000 is to improve the efficiency
of community and smaller digesters that accept both farm and
food wastes, and $5,000,000 is to support development and
testing of new domestic manufactured low-emission, high-
efficiency, residential wood heaters. Within available funds,
the agreement includes not less than $10,000,000 to establish a
multi-university partnership to conduct research and enhance
educational programs that improve alternative energy production
derived from urban and suburban wastes. The Department is
directed to collaborate with institutions in Canada and Mexico
to leverage capacity and capitalize on North American
resources.
Hydrogen and Fuel Cell Technologies.--Within available
funds, the agreement provides $21,000,000 for Technology
Acceleration activities, including $3,000,000 for manufacturing
research and development and $7,000,000 for industry-led
efforts to demonstrate a hydrogen-focused integrated renewable
energy production, storage, and transportation fuel
distribution/retailing system. Within available funds, the
agreement provides $4,000,000 for the EERE share of the
integrated energy systems work with the Office of Nuclear
Energy and $7,000,000 to enable integrated energy systems using
high and low temperature electrolyzers with the intent of
advancing the H2@Scale concept. The conferees include
$39,000,000 for Hydrogen Fuel Research and Development and
$7,000,000 for Safety, Codes, and Standards.
RENEWABLE ENERGY
Solar Energy.--Within available funds, the agreement
provides $72,000,000 for Photovoltaic Research and Development;
$45,000,000 for Systems Integration; $35,000,000 for Balance of
Systems Soft Cost Reduction, of which $1,000,000 is for the
Solar Ready Vets program and $5,000,000 is to re-invigorate the
National Community Solar Partnership program; and $30,000,000
for Innovations in Manufacturing Competitiveness. Within
available funds, $4,050,000 is provided for the five
photovoltaic Regional Test Centers (RTCs). Further, not later
than 90 days after the enactment of this Act, the Department
shall submit to the Committees on Appropriations of both Houses
of Congress a plan for transitioning the RTCs to a self-
sustaining business model as originally envisioned. Within
available funds for concentrating solar power research,
development, and demonstration, $5,000,000 is provided for
competitively selected projects focused on advanced thermal
desalination techniques. Within available funds, the conferees
include $10,000,000 for research and development to support
inherently scalable production methods such as solution
processing, roll-to-roll manufacturing, the science of inherent
material stability, and ultrahigh efficiency through tandem
manufacturing.
Wind Energy.--Within available funds, the agreement
provides $10,000,000 for distributed wind and not less than
$10,000,000 for existing national-level offshore wind test
facilities. The agreement provides not less than $30,000,000
for the National Wind Technology Center, which shall include
the development of a large-scale research platform to support
next-generation wind energy science and manufacturing and
systems integration of multiple energy generation, consumption,
and storage technologies with the grid. The Department is
directed to support the advancement of innovative technologies
for offshore wind development, including freshwater, deep
water, shallow water, and transitional depth installations.
Further, the Department is directed to support innovative
offshore wind demonstration projects, including efforts to
optimize development, design, construction methods, testing
plans, and economic value proposition. The agreement provides
$10,000,000 for a competitively awarded solicitation for
additional project development for offshore wind demonstration
projects. The Department is also directed to support the
deployment and testing of scale floating wind turbines designed
to reduce energy costs. Within available funds, the agreement
provides not less than $30,000,000 for the Department to
prioritize early-stage research on materials and manufacturing
methods and advanced components that will enable accessing
high-quality wind resources, on development that will enable
these technologies to compete in the marketplace without the
need for subsidies, and on activities that will accelerate
fundamental offshore-specific research and development, such as
those that target technology and deployment challenges unique
to U.S. waters.
Water Power.--Within available funds, the agreement
provides $70,000,000 for marine and hydrokinetic technology
research, development, and deployment activities, including
research into mitigation of marine ecosystem impacts of these
technologies. The Department is directed to continue
development of the open-water wave energy test facility with
previously provided funds. Within available funds, the
agreement provides $30,000,000 for a balanced portfolio of
competitive solicitations to support industry- and university-
led research, development, and deployment of marine and
hydrokinetic technologies; and support wave, ocean current,
tidal and in-river energy conversion components and systems
across the high- and low-technology readiness spectrum to
increase energy capture, reliability, survivability, and
integration into local or regional grids for lower costs and to
assess and monitor environmental effects. Within this amount,
the agreement provides not less than $8,000,000 to support
collaborations between universities, Marine Renewable Energy
Centers, and the national laboratories and not less than
$5,000,000 to prioritize infrastructure needs at the marine and
hydrokinetic technology testing sites operated by the Marine
Renewable Energy Centers. In addition, the Department is
directed to continue its coordination with the U.S. Navy on
marine energy technology development for national security
applications at the Wave Energy Test Site and other locations.
Within available funds, $35,000,000 is provided for
conventional hydropower and pumped storage activities,
including $6,600,000 for the purposes of section 242 of the
Energy Policy Act of 2005. The agreement provides $5,000,000
for a competitive funding opportunity for industry-led
research, development, and deployment of cross-cutting energy
converter technologies for run-of-river and tailrace
applications to better utilize underdeveloped low-head and
other hydropower resources.
Geothermal Technologies.--Within available funds, the
agreement provides $6,000,000 for Systems Analysis. The
Department is directed to continue its efforts to identify
prospective geothermal resources in areas with no obvious
surface expressions.
ENERGY EFFICIENCY
Advanced Manufacturing.--The agreement provides not less
than $4,205,000 for improvements in the steel industry;
$20,000,000 for process-informed science, design, and
engineering of materials and devices operating in harsh
environments; $5,000,000 for research into the materials and
manufacturing process development of high-strength, light-
weight nano-crystalline metal alloys; and $5,000,000 for
process-informed catalyst science to direct chemical reactions
in full-scale industrial manufacturing processes and to develop
new industrial product applications. Within available funds,
$132,000,000 is for Advanced Manufacturing Research and
Development Facilities, of which $42,000,000 is for three Clean
Energy Manufacturing Innovation (CEMI) Institutes, $25,000,000
is for the Manufacturing Demonstration Facility (MDF) and
Carbon Fiber Technology Facility, $20,000,000 is for the
Energy-Water Desalination Hub, and $25,000,000 is for the
Critical Materials Hub. Within funds for the MDF, $5,000,000 is
for the development of additive systems and automation
technologies that have the potential to deposit multiple
materials allowing for hybrid material solutions that enhance
performance in extreme environments and enable precise property
profiles. The Department is directed to further foster the
partnership between the national laboratories, universities,
and industry to use bio-based thermoplastics composites, such
as micro- and nano-cellulosic materials, and large-area 3-D
printing to overcome challenges to the cost and deployment of
building, transportation, and energy technologies.
Within available funds, the agreement includes
$20,000,000 to support the development of additive
manufacturing involving nanocellulosic feedstock materials made
from forest products to overcome challenges to the cost and
deployment of building, transportation, and energy
technologies. The agreement also includes $20,000,000 for a
competitive solicitation to accelerate development of
manufacturing processes needed for clean energy materials to go
from discovery to scale-up with the goal of lowering battery
energy storage costs and spurring job creation. The conferees
include $10,000,000 for district heating and directs the
Department to collaborate with industry on the potential energy
efficiency and energy security gains to be realized with
district energy systems. The conferees also include $10,000,000
to support research and development efforts to improve the
efficiency of drying processes.
Building Technologies.--The agreement provides
$28,000,000 for Residential Buildings Integration, $39,000,000
for Commercial Buildings Integration, $95,000,000 for Emerging
Technologies, and $50,000,000 for Equipment and Buildings
Standards. Within available funds, $7,000,000 is for the
Building Energy Codes program to provide assistance to States
and to organizations that develop model codes and standards to
improve building resilience as well as efficiency.
Within funds for Emerging Technologies, not less than
$18,000,000 is for HVAC & Refrigeration R&D; $14,000,000 is for
Building Envelope; and $30,000,000 is for building-grid
integration R&D consistent with a transactive energy system,
including development of advanced transactive control
methodologies, field validation and testing in existing
buildings, continuation of the Building-to-Grid Integration
Demonstration, and coordination with Electricity Delivery
transactive energy system activities. Within available funds
for transactive controls, $5,000,000 is to continue promoting
regional demonstrations of new, utility-led, residential
Connected Communities advancing smart grid systems. The
agreement also provides $20,000,000, within available funds,
for research, development, and market transformation programs
on energy efficiency efforts related to the direct use of
natural gas in residential applications, including gas heat
pump heating and water heating, on-site combined heat and
power, and natural gas appliance venting. In addition, the
conferees include $5,000,000 for novel earlier-stage research,
development, and demonstration of technologies to advance
energy efficient, high-rise Cross-Laminated Timber building
systems. The Department is directed to support university
research, in partnership with the national laboratories, for
developing, building, and evaluating Cross-Laminated Timber
wall systems for embodied energy content, operating energy
efficiency, wall moisture profiles, structural connector
durability, and health monitoring sensors. The agreement
provides $2,500,000 for the Solar Decathlon.
Weatherization and Intergovernmental Programs.--The
Department is directed to make $500,000 available to current
Weatherization Assistance Program grant recipients via the
Weatherization Innovation Pilot Program to develop and
implement strategies to treat harmful substances, including
vermiculite. The Department is directed to provide a briefing
to the Committees on Appropriations of both Houses of Congress
on the kinds of information that is collected from grantees and
the potential for collecting additional information that
discusses the kinds of structural deficiencies that make homes
ineligible for the program. The Department is also directed to
begin tracking the occurrence of window replacements, which
supports the reduction of lead-based paint hazards in homes.
Strategic Programs.--Within available funds, $2,500,000
is for the Energy Transition Initiative to support ongoing
initiatives to address high energy costs, reliability, and
inadequate infrastructure challenges faced by island and remote
communities. The Department is directed to support initiatives
for building cost-effective, resilient energy infrastructure on
island and remote communities, including in Alaska, the
Caribbean, Hawaii, New England, and elsewhere.
Cybersecurity, Energy Security, and Emergency Response
The conferees provide $120,000,000 for Cybersecurity,
Energy Security, and Emergency Response.
Within available funds, $10,000,000 is for research and
development on concepts to simplify and isolate automated
systems and remove vulnerabilities that could allow
unauthorized access to the grid through digital software
systems and $10,000,000 is for the DarkNet project to explore
opportunities for getting the nation's critical infrastructure
off the Internet and shielding the nation's electricity
infrastructure from disruptive cyber penetration.
Electricity Delivery
The conferees provide $156,000,000 for Electricity
Delivery.
Within Resilient Distribution Systems, the agreement
provides $7,000,000 for university-based research and
development of sensing, intelligent machines in the Internet of
Things and their integration in the utility grid and $5,000,000
to develop high fidelity sensors and use data analytics to
improve operations in steady-state and under extreme
conditions, and to continue early-stage research to develop
low-cost, printable sensors that can predict the health of
critical equipment in the electric delivery system.
Within Energy Storage, the Department is directed to
continue to support development of an operational energy
storage test facility capable of performance-driven data in a
utility environment. The Department's storage research,
development, and deployment efforts shall support nationwide
efforts to improve grid resiliency, reliability, and security,
empower consumers, and increase integration of a broad range of
generation sources.
Within Transformer Resilience and Advanced Components,
the Department is directed to continue to support research and
development for advanced components and grid materials for low-
cost, power flow control devices, including both solid state
and hybrid concepts that use power electronics to control
electromagnetic devices and enable improved controllability,
flexibility, and resiliency.
The Department is directed to provide to the Committees
on Appropriations of both Houses of Congress not later than 90
days after the enactment of this Act a report describing the
activities and costs necessary to achieve a North American grid
model. Within available funds, the Department may build upon
existing tools and modeling work done at the Department to
explore a shared modeling platform across the national
laboratories. The Department is directed to provide to the
Committees on Appropriations of both Houses of Congress not
later than 180 days after the enactment of this Act a report on
the potential of dynamic line rating systems to address
transmission congestion management and improve grid reliability
and resiliency.
Nuclear Energy
The conferees provide $1,326,090,000 for Nuclear Energy.
Nuclear Energy Enabling Technologies.--Within available
funds for Crosscutting Technology Development, $10,000,000 is
for work on advanced sensors and instrumentation and
$10,000,000 is for hybrid energy systems. The agreement
provides $44,000,000 for the Nuclear Science User Facilities,
of which $8,000,000 is for nuclear energy computation system
and support; $31,000,000 for Nuclear Energy Advanced Modeling
and Simulation, of which $3,000,000 is for MW-scale reactor
modeling and simulation; and $27,585,000 for the Energy
Innovation Hub for Modeling and Simulation.
Reactor Concepts Research and Development.--Within
available funds, $100,000,000 is for Advanced Small Modular
Reactor Research and Development to support technical, first-
of-its-kindengineering and design and regulatory development of
next generation light water and non-light water small modular reactors,
including $10,000,000 for seismic analysis; $111,500,000 is for
Advanced Reactor Technologies, of which $34,000,000 is for fuel and
graphite qualification; $22,000,000 is to complete the federal share of
the two performance-based advanced reactor concepts; and $20,000,000 is
for MW-scale reactor research and development. Within available funds,
the agreement provides $30,000,000 for the Transformational Challenge
Reactor to apply existing program capabilities to shape a new approach
to reactor design, manufacturing, licensing, and operation. Not later
than 90 days after the enactment of this Act, the Department shall
provide to the Committees on Appropriations of both Houses of Congress
a report that describes the cost and schedule profile for achieving
demonstration, key technical challenges, and planned coordination with
industry and the national laboratories. The agreement provides
$65,000,000 for research and development to support efforts to develop
a versatile fast test reactor. The conferees include $47,000,000 for
the Light Water Reactor Sustainability program. Funding above the
budget request is provided for this activity as a priority.
Fuel Cycle Research and Development.--The agreement
provides $125,000,000 for the Advanced Fuels program and
$38,000,000 for Material Recovery and Waste Form Development,
of which $7,000,000 is for joint fuel cycle studies and up to
$20,000,000 is for highly enriched uranium recovery preparation
and testing to support needs for high assay low enriched
uranium. The Department is directed to provide to the
Committees on Appropriations of both Houses of Congress not
later than 180 days after the enactment of this Act a report
describing a plan and cost profile for developing high assay
low enriched uranium.
The agreement provides $63,915,000 for Used Nuclear Fuel
Disposition R&D. In lieu of Senate report direction, the
agreement includes $22,500,000 for Integrated Waste Management
System activities and no further direction.
Radiological Facilities Management.--The agreement
includes $20,000,000 for continued safe operation and
maintenance of Oak Ridge National Laboratory hot cells.
Idaho Facilities Management.--The agreement provides
$288,000,000 for INL Operations and Infrastructure to support
the MFC and ATR Five Year Plan to increase reliability and
sustainability.
Idaho Sitewide Safeguards and Security.--Within available
funds, the agreement includes $10,000,000 to construct a
protective forces building at the ATR complex that will meet
the needs for expanded protective force and security operations
under the Department's new Design Basis Threat but that will
not exceed a total project cost of $10,000,000.
Fossil Energy Research and Development
The conferees provide $740,000,000 for Fossil Energy
Research and Development.
The agreement does not support the closure of any
National Energy Technology Laboratory (NETL) sites and provides
no funds to plan, develop, implement, or pursue the
consolidation or closure of any of the NETL sites. The
agreement includes funding for the Department's National Carbon
Capture Center consistent with the cooperative agreement and
fiscal year 2018.
Coal Carbon Capture and Storage (CCS) and Power
Systems.--The Department is directed to use funds from Coal CCS
and Power Systems for both coal and natural gas research and
development as it determines to be merited, as long as such
research does not occur at the expense of coal research and
development. The agreement includes $25,000,000 to continue to
support the solicitation for two large-scale pilots that focus
on transformational coal technologies that represent a new way
to convert energy to enable a step change in performance,
efficiency, and the cost of electricity compared to today's
technologies. Such technologies include thermodynamic
improvements in energy conversion and heat transfer, such as
pressurized oxygen combustion and chemical looping, and
improvements in carbon capture systems technology. In making
the awards for large-scale pilots, the Department should
prioritize entities that have previously received funding for
these technologies at the lab and bench scale. The agreement
provides $2,000,000 for Hybrid Carbon Conversion activities.
Within available funds, the agreement provides not less than
$30,000,000 for a new solicitation for Front-End Engineering
and Design (FEED) studies of two commercial-scale carbon
capture power projects for retrofit at an existing coal plant
and for a coal or natural gas plant that generates carbon
dioxide suitable for utilization or storage. A FEED study shall
incorporate work from feasibility studies and testing to
provide specific project definition, detailed design, scopes of
work, material purchasing and construction schedules, cost for
project execution, and subsurface, structural, and
environmental permitting requirements.
The Department is directed to continue to carry out
external activities for advanced coal processing research and
development, including advancing early-stage research for
converting coal pitch and coal to carbon fiber and other value-
added products for alternative uses of coal.
Within Carbon Storage, the agreement provides $12,000,000
for Carbon Use and Reuse to continue research and development
activities to support valuable and innovative uses for carbon
and $55,000,000 for Storage Infrastructure. The Department is
directed to fulfill prior commitments to the Regional Carbon
Sequestration Partnerships (RCSPs). In lieu of Senate report
direction, the agreement provides not less than $20,000,000 for
a competitive solicitation to fulfill the goals of the RCSPs
and not less than $30,000,000 to continue the four-phase
CarbonSAFE initiative. The Department is directed to work
collaboratively with the RCSPs and other stakeholders to
develop a storage roadmap through 2025 to identify the
knowledge gaps and technology and policy developments that are
needed to close those gaps.
Within Advanced Energy Systems, the agreement provides
$30,000,000 for Solid Oxide Fuel Cells. Within available funds
for Advanced Energy Systems, the agreement provides $37,000,000
for transformative power generation to improve the efficiency,
reliability, and flexible operations of both new and existing
plants. The Department is directed to focus on advanced coal
technologies that are applicable to retrofit technologies and
modular coal technologies that are capable of distributed
generation, represent maximum efficiency improvements over the
current average fleet, incorporate advanced emissions control
systems, and are economically competitive.
Within Cross Cutting Research, the agreement provides
$20,000,000 for the Advanced Ultrasupercritical Program.
Within NETL Coal Research and Development, the agreement
provides $18,000,000 for the Department to continue its
external agency activities to develop and test advanced
separation technologies and accelerate the advancement of
commercially viable technologies for the recovery of rare earth
elements and minerals from U.S. coal and coal byproduct
sources. The Department is expected to support pilot-scale and
experimental activities for near-term applications.
Within Supercritical Transformational Electric Power
(STEP) Generation, the agreement provides $16,700,000 to
complete the necessary design and construction of the 10-MW
pilot facility, and conduct the necessary testing, including
long-duration testing for the facility. The agreement also
includes an additional $5,730,000 for competitively-awarded
research and development activities, coordinated with EERE and
NE, to advance the use of supercritical power cycles.
Natural Gas Technologies.--The agreement provides
$5,200,000 to continue the Risk Based Data Management System
(RBDMS) to support a cloud-based application and necessary
cybersecurity initiatives. Funding shall support the continued
integration of FracFocus and RBDMS for improved public access
to State oil and gas related data, as well as for State
regulatory agencies to support electronic permitting for
operators, eForms for improved processing time for new permits,
operator training from the improved FracFocus 3.2 after
enhancements are implemented, and miscellaneous reports such as
``Produced Water Report: Current and Future Beneficial Uses
Report''.
The agreement provides $20,000,000 for Methane Hydrate
Activities, $10,000,000 for Environmentally Prudent
Development, $10,000,000 for Emissions Mitigation from
Midstream Infrastructure, and $5,000,000 for Emissions
Quantification from Natural Gas Infrastructure.
Within available funds, the Department shall deliver to
the Committees on Appropriations of both Houses of Congress a
study on the potential for natural gas demand response across
energy sectors and geographic regions no later than 18 months
after the date of enactment of this Act. This study shall
include a description and quantification of potential natural
gas and energy savings and load shifting; 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; an identification of geographic areas that would
benefit most from implementing demand response measures for
natural gas infrastructure; and a description of existing and
emerging technologies that can be used for demand response in
the natural gas sector, as well as best practices for
developing a strategy for deployment of those technologies in
the natural gas sector.
Unconventional Technologies.--Within available funds, the
agreement provides $13,500,000 for research to better
understand reservoirs and to improve low recovery factors from
unconventional natural gas and oil wells and $13,500,000 for
continued research toward enhanced recovery technologies in
shale oil, low permeability reservoirs, residual oil zone
reservoirs, fractured reservoirs, and conventional oil
reservoirs. The Department shall solicit, award and manage
these research projects on a nationwide basis directly with
researchers from universities and not-for-profit research
organizations. The projects may include research projects to
improve environmental mitigation, water quality and treatment,
infrastructure technology, as well as the societal impacts of
unconventional shale plays. These awards shall identify ways to
improve existing technologies, encourage prudent development,
provide cost-effective solutions, and develop a better
understanding of these reservoirs' resource potential. The
agreement includes not less than $15,000,000 for the
Unconventional Field Test Sites. When issuing funding for
research into the exploration for and development of emerging
unconventional oil and gas reservoirs, the Department shall
direct future allocations to projects in locations geologically
representative of the unconventional reservoir of interest. The
agreement provides not less than $2,500,000 for further
research on multipronged approaches for characterizing the
constituents of and managing the cleaning of water produced
during the extraction of oil and natural gas. Within available
funds, the Department is directed to partner with research
universities engaged in the study of characterizing, cleaning,
treating, and managing produced water and who are willing to
engage through public-private partnerships with the energy
industry to develop and assess commercially viable technology
to achieve the same.
The Department is directed to identify the federal
agencies with jurisdictional oversight of establishing an
ethane storage and distribution hub in central Appalachia and
to coordinate with the liaisons of those agencies to streamline
the permitting application and approval process. The Department
is directed to brief the Committees on Appropriations of both
Houses of Congress on its findings and recommendations once
complete.
The Department is directed to continue its research
partnership with the Department of Transportation on the crude
oil characterization study to improve the safety of crude oil
transported by rail. The agreement provides $1,500,000 to
continue this study.
Naval Petroleum and Oil Shale Reserves
The agreement provides $10,000,000 for the operation of
the Naval Petroleum and Oil Shale Reserves.
Strategic Petroleum Reserve
The agreement provides $235,000,000 for the Strategic
Petroleum Reserve. Funding above the budget request is to
address facilities development and operations, including
physical security and cavern integrity, and to maintain
1,000,000 barrels of gasoline blendstock in the Northeast
Gasoline Supply Reserve. The agreement includes legislative
language regarding a drawdown and sale of oil and use of
proceeds in fiscal year 2019.
SPR Petroleum Account
The agreement provides $10,000,000 for the SPR Petroleum
Account to pay for the costs of certain statutorily-mandated
crude oil sales.
Northeast Home Heating Oil Reserve
The agreement provides $10,000,000 for the Northeast Home
Heating Oil Reserve.
Energy Information Administration
The conferees provide $125,000,000 for the Energy
Information Administration.
Non-Defense Environmental Cleanup
The conferees provide $310,000,000 for Non-Defense
Environmental Cleanup.
Small Sites.--Within amounts for Small Sites cleanup,
$35,000,000 shall be for Lawrence Berkeley National Laboratory,
$10,000,000 shall be for Oak Ridge activities, $45,000,000
shall be for Moab, $20,456,000 shall be for Brookhaven National
Laboratory to continue removal of the High Flux Beam Reactor
stack, and no further direction. If any of the funding for
Brookhaven is in excess of needs such sums shall be applied to
other Small Site cleanup activities.
Uranium Enrichment Decontamination and Decommissioning Fund
The conferees provide $841,129,000 for activities funded
from the Uranium Enrichment Decontamination and Decommissioning
Fund.
Portsmouth.--The conferees includes $60,000,000 above the
budget request for Portsmouth cleanup, which is equivalent to
the amount of proceeds that the Department planned to generate
through bartering arrangements in order to fund additional
cleanup in fiscal year 2019. The Department shall not barter,
transfer, or sell uranium in order to generate additional
funding for Portsmouth cleanup that is in excess of the amount
of funding provided in this Act.
Science
The conferees provide $6,585,000,000 for the Office of
Science.
The agreement provides $4,000,000, to be funded from
across all Office of Science programs, to support the
Distinguished Scientist Program, as authorized in section 5011
of Public Law 110-69. The Department is directed to provide to
the Committees on Appropriations of both Houses of Congress not
later than 90 days after the enactment of this Act a plan that
responds to the recommendations of the National Academies study
``Opportunities in Intense Ultrafast Lasers, Towards the
Brightest Light''.
Advanced Scientific Computing Research.--Within available
funds, the agreement provides $140,000,000 for the Argonne
Leadership Computing Facility, $200,000,000 for the Oak Ridge
Leadership Computing Facility, $105,000,000 for the National
Energy Research Scientific Computing Center at Lawrence
Berkeley National Laboratory, $10,000,000 for the Computational
Sciences Graduate Fellowship program, and $85,000,000 for
ESnet. The agreement provides $75,667,000 for Computational
Partnerships (SciDAC). Within funds for SciDAC, up to
$13,000,000 is to support work on artificial intelligence and
big data focused on the development of algorithms and methods
to identify new ways of extracting information from data
generated at the Office of Science's large user facilities or
validating use of machine learning in the Office of Science's
program's scientific simulations. This is the only funding
recommended within the Office of Science that shall be
available for this work. Further, none of the funding is
available for clinical trials or therapeutics. The Department
is directed to provide to the Committees on Appropriations of
both Houses of Congress not later than 90 days after the
enactment of this Act a briefing on its plan for implementing
this artificial intelligence and big data initiative.
Basic Energy Sciences (BES).--The agreement provides not
less than $135,000,000 for the Nanoscale Science Research
Centers. The agreement includes not less than $505,000,000 for
facilities operations at the five BES light sources to
adequately invest in the recapitalization of key instruments
and infrastructure, and in staff and other resources necessary
to deliver critical scientific capabilities to users, and no
further direction. The Department is directed to submit as part
of its fiscal year 2020 budget submission a plan for the
buildout of additional beamlines to fully leverage the
capabilities of the NSLS-II. The Department is directed to
resume annual or at minimum, biennial, Implementation Grant
solicitations for EPSCoR. In addition, the Department is
directed to submit to the Committees on Appropriations of both
Houses of Congress not later than 90 days after the enactment
of this Act a report that provides a plan for future EPSCoR
solicitations. The agreement provides $282,000,000 for the
high-flux neutron sources which will allow for both Spallation
Neutron Source and High Flux Isotope Reactor to proceed with
the most critical deferred repairs, replace outdated
instruments, and make essential machine improvements. The
agreement provides not less than $19,100,000 for Other Project
Costs, of which $6,000,000 is for the High Energy Upgrade at
LCLS-II, $6,100,000 is for LCLS-II, $2,000,000 is for the
Advanced Light Source Upgrade, and $5,000,000 is for the Second
Target Station. The Department is directed to proceed with the
upgrade of existing user facilities and major construction
projects for new user facilities in a manner consistent with
the June 2016 BESAC recommendations and subsequent Departmental
reviews and findings related to these projects. Further, the
Department is directed to follow the Department of Energy Order
413.3B project management reporting requirements for these
projects and provide project data sheets for those projects in
the budget submission. Within available funds, the agreement
provides $26,000,000 for exascale systems. The Department is
directed to continue its partnership with qualified
institutions of higher education in support of energy research
activities related to enhanced efficiency in energy conversion
and utilization, including emergent polymer optoelectronic
technologies.
Biological and Environmental Research (BER).--The
following is the only direction provided for BER. The
Department is directed to give priority to optimizing the
operation of BER user facilities. In addition, the Department
is directed to maintain Genomic Science as a top priority.
Within available funds, the agreement provides $100,000,000 for
the four Bioenergy Research Centers, $90,000,000 for
Foundational Genomics Research, $34,908,000 for Biomolecular
Characterization and Imaging Science, and $70,000,000 for the
Joint Genome Institute. Within available funds, $10,000,000 is
to begin the establishment of a national microbiome database.
Within available funds, not less than $40,000,000 is for
Terrestrial Ecosystem Science, of which not less than
$10,000,000 is for NGEE-Arctic, $5,800,000 is for NGEE-Tropics,
$8,300,000 is for the SPRUCE field site, $6,800,000 is for the
Watershed Function Science Focus Area, and $5,700,000 is for
Ameriflux Long-Term Earth Systems Observations. Within
available funds, not less than $22,143,000 is for Subsurface
Biogeochemical Research, including not less than $3,000,000 to
support ongoing research and discovery related to mercury
biogeochemical transformations in the environment. Within
available funds, the agreement provides $97,000,000 for Earth
and Environmental Systems Modeling. The Department is directed
to expend funds for earth system modeling, and regional and
global analysis. Further, the Department is directed to make
land-energy interactions, land biogeochemistry, uncertainty
quantification, and model evaluation a priority within the
regional and global modeling activities and continue to support
performance optimization of coupled systems for execution on
high performance and exascale systems. The agreement provides
$15,000,000 for exascale computing. The agreement provides
$45,000,000 for the Environmental Molecular Sciences
Laboratory, $68,000,000 for the Atmospheric Radiation
Measurement (ARM) User Facility, and $17,500,000 to replace the
ARM mobile unit.
Fusion Energy Sciences (FES).--The following is the only
direction for FES. The agreement provides $286,704,000 for
burning plasma science foundations, $61,246,000 for burning
plasma science long pulse, and $84,050,000 for discovery plasma
science. Within available funds, the agreement provides
$18,000,000 for High Energy Density Laboratory Plasmas and
$25,000,000 for Scientific Discovery through Advanced
Computing. Within available funds, the agreement includes
$5,000,000 to provide upgrades to the Safety and Tritium
Applied Research Facility and not less than $7,000,000 for the
Materials Plasma Exposure eXperiment. The agreement provides
$132,000,000 for the U.S. contribution to the ITER project and
no further direction. The Fusion Energy Sciences Advisory
Committee is directed to work with the Office of Nuclear Energy
to review establishing a reactor concepts research,
development, and deployment activity. The Department is
directed to provide to the Committees on Appropriations of both
Houses of Congress not later than 180 days after the enactment
of this Act a briefing on a recommendation, which if supported,
will include a technical plan, program and eligibility
requirements, and funding profile for future fiscal years.
High Energy Physics.--Within available funds, the
agreement provides $15,000,000 for PIP-II; $6,250,000 for
ongoing efforts for commissioning and initial operation of the
camera for the Large Synoptic Survey Telescope Camera;
$10,000,000 to continue the upgrade of FACET II; $105,000,000
for the HL-LHC Upgrade Projects; and $22,450,000 to complete
the dark energy and dark matter experiments, of which
$5,450,000 is for DESI and $14,450,000 is for LUX ZEPLIN.
Nuclear Physics.--Within available funds, the agreement
provides $11,500,000 for the Stable Isotope Production
Facility, $6,600,000 for the Gamma-Ray Energy Tracking Array,
and $5,660,000 for the Super Pioneering High Energy Nuclear
Interaction Experiment. The Department is directed to give
priority to optimizing the operations for the Relativistic
Heavy Ion Collider, the Continuous Electron Beam Accelerator
Facility, the Argonne Tandem Linac Accelerator System, and the
Brookhaven Linac Isotope Producer Facility.
Workforce Development.--Within available funds, the
agreement provides $10,300,000 for the Science Undergraduate
Laboratory Internship and $3,500,000 for the Graduate Student
Research Program.
Science Laboratories Infrastructure.--The Office of
Science is directed to work with the Office of Nuclear Energy
to demonstrate a commitment to operations and maintenance of
nuclear facilities at Oak Ridge National Laboratory that
support multiple critical missions.
Advanced Research Projects Agency--Energy
The conferees provide $366,000,000 for the Advanced
Research Projects Agency--Energy.
The Department is directed to continue to spend funds
provided on research and development and program direction. The
Department shall not use any appropriated funds to plan or
execute the termination of ARPA-E. In addition, the Department
is directed to disburse funds appropriated for ARPA-E on
eligible projects within a reasonable time period, consistent
with past practices.
Title 17 Innovative Technology Loan Guarantee Program
The conferees provide $33,000,000 for administrative
expenses for the Title 17 Innovative Technology Loan Guarantee
Program. This amount is offset by estimated revenues of
$15,000,000, resulting in a net appropriation of $18,000,000.
The Department shall not use funds to plan, develop, implement,
or pursue the elimination of the Title 17 Innovative Technology
Loan Guarantee Program.
Advanced Technology Vehicles Manufacturing Loan Program
The conferees provide $5,000,000 for the Advanced
Technology Vehicles Manufacturing Loan Program.
Tribal Energy Loan Guarantee Program
The conferees provide $1,000,000 for the Tribal Energy
Loan Guarantee Program.
Office of Indian Energy Policy and Programs
The conferees provide $18,000,000 for the Office of
Indian Energy Policy and Programs.
Departmental Administration
The agreement provides $165,858,000 for Departmental
Administration.
Control Points.--In lieu of House and Senate direction on
control points, the agreement includes six reprogramming
control points in this account to provide flexibility in the
management of support functions. The Other Departmental
Administration activity includes Management, Project Management
Oversight and Assessments, Chief Human Capital Officer, Office
of Technology Transitions, Office of Small and Disadvantaged
Business Utilization, General Counsel, Office of Policy,
International Affairs, and Public Affairs. The Department is
directed to continue to submit a budget request that proposes a
separate funding level for each of these activities. The
agreement does not adopt the proposal to transfer staff from
the applied energy offices to International Affairs. Within
International Affairs, the agreement includes $2,000,000 for
the Israel Binational Industrial Research and Development
(BIRD) Foundation and $4,000,000 for the U.S.-Israel Center of
Excellence in Energy, Engineering and Water Technology, which
were previously funded in the Energy Efficiency and Renewable
Energy account.
Chief Information Officer.--To enhance the accountability
for management of cyber resources, the agreement consolidates
cybersecurity funding under the Office of the Chief Information
Officer. The recommendation includes $131,624,000, including
$96,793,000 as requested within Departmental Administration and
$34,831,000 as requested for CyberOne activities within the DOE
working capital fund. Within this amount, not less than
$71,501,000 shall be for cybersecurity and secure information.
Nuclear Power Plant Closings.--Prior to the opening of a
permanent repository or monitored retrievable storage for spent
nuclear fuel, power plant sites serve as de facto storage
facilities for this nuclear waste. When a plant closes, onsite
storage of spent nuclear fuel can be a factor affecting
redevelopment of the location. The Department is directed to
submit to the Committees on Appropriations of both Houses of
Congress not later than 180 days after the enactment of this
Act a study on existing public and private resources and
funding for which municipalities where a nuclear power plant is
decommissioned, in the process of decommissioning, or plans to
shut down within 3 years of enactment of this Act and contains
nuclear waste within its boundaries may be eligible.
Radium Contamination.--The Department shall review the
details of any facility of the Nevada System of Higher
Education, as defined by the State of Nevada, that is
contaminated with radium to determine whether the Department
has a legal liability or authorization for remediation of such
facility.
Energy Technology Commercialization Fund.--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).
Office of the Inspector General
The agreement provides $51,330,000 for the Office of the
Inspector General.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The conferees provide $15,228,618,000 for the National
Nuclear Security Administration (NNSA). The conferees include
funding for the NNSA's institutional plant projects in the
agreement and direct the NNSA to expedite reports that account
for site indirect overhead and administrative costs as directed
by the Congress.
The NNSA Act clearly lays out the functions of the NNSA
and gives the Administrator authority over, and responsibility
for, those functions. While the NNSA may expend funds to study
its organizational structure, no funds shall be used to
reorganize or reclassify any of those functions specified in
the NNSA Act.
Weapons Activities
The conferees provide $11,100,000,000 for Weapons
Activities. The agreement directs the use of $13,080,000 in
unexpended prior-year balances to offset fiscal year 2019
needs.
When proposing new or modified nuclear weapons
activities, the Department shall ensure adherence to the
requirements of 50 U.S.C. 2529, including requesting a single
dedicated line item for such activities. The NNSA is directed
to comply with the direction in the House report regarding the
W76-2 Modification Program.
IW/W78 Life Extension Program.--In lieu of language in
the House report on the W78 Life Extension Program (LEP), the
NNSA is directed to provide to the Committees on Appropriations
of both Houses of Congress, not later than 60 days after the
enactment of this Act and prior to commencement of phase 6.2, a
report that provides the rationale for an insensitive-high
explosive (IHE)-based system, an updated estimate of the cost
and schedule for warhead development and production, and a
rough order of magnitude cost and schedule comparison of the
differences between the requested IW and a W76 LEP-like
refurbishment of the W78. Further, the NNSA shall initiate an
independent review by the Office of Cost Estimating and Program
Evaluation (CEPE) of the analysis of alternatives process
conducted as part of the life extension study of the W78 to
assess objectivity, thoroughness, and adherence to the
Government Accountability Office recommended best practices, in
accordance with current NNSA policy.
Not later than 180 days after the enactment of this Act,
the NNSA shall provide to the Committees on Appropriations of
both Houses of Congress a report that includes the following:
(1) the results of the CEPE review; (2) a cost and schedule
estimate to refurbish the W78 warhead in a manner similar to
the W76 LEP; (3) a cost estimate for any needed upgrades to
Department of Defense facilities to fully satisfy safety
requirements for handling conventional high explosives; (4)
impacts to the IW/W78 LEP if pit production targets are not
met; and (5) the certification strategy for the IW/W78 LEP that
addresses issues raised by the JASONs group in its review of
certification risks for an IW with IHE and remanufactured pits.
Domestic Uranium Enrichment.--In lieu of House or Senate
language, the conferees direct the NNSA to ensure that there is
a credible plan to complete adequate research, development, and
demonstration prior to making a decision on domestic uranium
enrichment for national security purposes and to focus efforts
on work that will provide information to support that decision.
No funds are provided for downblending highly enriched uranium.
Funds at the requested level for downblending are included in
the Tritium Sustainment account.
Plutonium Pit Production Project.--The conferees include
$75,000,000 to commence a new project to meet the NNSA's
plutonium pit production targets, of which $11,000,000 shall be
for the subproject to re-categorize the Radiological Laboratory
Utility Office Building (RLUOB) to a hazard category-3 facility
and $6,177,000 shall be for the subproject for the second phase
of work to reconfigure the PF-4 facility. The NNSA is directed
to budget for capital improvements and equipment installations
to meet plutonium pit production targets, including the RLUOB
re-categorization and the PF-4 phase 2 subprojects, as
subprojects within the Plutonium Pit Production Project and to
budget for operational expenses to meet plutonium pit
production targets within Plutonium Sustainment Operations in
future budget requests. Not later than 60 days after the
enactment of this Act, the NNSA shall provide to the Committees
on Appropriations of both Houses of Congress a report on the
current scope, costs, and schedule required to meet its
plutonium mission targets and shall submit a project data sheet
for the Plutonium Pit Production Project in its fiscal year
2020 budget submission.
Science.--Within amounts for Academic Alliances and
Partnerships, $20,000,000 shall be for the Minority Serving
Institution Partnerships Program, within which $2,000,000 shall
be for Tribal Colleges and Universities. The conferees include
$50,000,000 for the Advanced Sources and Detectors Major Item
of Equipment (MIE) and supporting research activities. The NNSA
is directed to submit a project data sheet for the Advanced
Sources and Detectors MIE in its fiscal year 2020 budget
request. Funds for high energy density grants are included
within the Inertial Confinement Fusion (ICF) and High Yield
program.
Inertial Confinement Fusion and High Yield.--Within
amounts for ICF, $344,000,000 shall be for the National
Ignition Facility, $80,000,000 shall be for OMEGA, $63,100,000
shall be for the Z Facility, and $7,000,000 shall be for the
Naval Research Laboratory. Within available amounts, funds are
provided for target research, development, and production. Not
later than 60 days after the enactment of this Act, the NNSA
shall provide to the Committees on Appropriations of both
Houses of Congress a report on the impacts to the ICF program
of shifting to a full-cost recovery model for the National
Ignition Facility. No further direction is provided.
Advanced Simulation and Computing.--Within amounts for
Advanced Simulation and Computing, $163,000,000 shall be for
the exascale initiative, $20,000,000 shall be for advanced
memory technology research, and $13,000,000 shall be for work
on integrating artificial intelligence approaches into
mechanistic modeling and prediction.
Advanced Manufacturing Development.--Within amounts
provided for Process Technology Development, the agreement
includes $5,000,000 to modernize and upgrade legacy
applications at weapons production facilities.
Infrastructure and Operations.--The conferees include
funding above the budget request within Maintenance and Repair
and Recapitalization to address the significant backlog of
deferred maintenance at the NNSA's sites. Within amounts for
Recapitalization, $22,500,000 shall be for recapitalization of
the MESA silicon fab facility as requested and $10,000,000
shall be to advance plans for the Tritium Production Capability
Project.
Chemistry and Metallurgy Research (CMR) Building
Replacement Project.--The conferees include the subproject
funding requested to re-categorize the RLUOB to a hazard
category-3 facility and for the second phase of work to
reconfigure the PF-4 facility within the Plutonium Pit
Production Project and direct the NNSA to request funds by
these subprojects within the Plutonium Pit Production Project
in future budget submissions.
Defense Nuclear Nonproliferation
(INCLUDING RESCISSION OF FUNDS)
The conferees provide $1,949,000,000 for Defense Nuclear
Nonproliferation. The agreement rescinds $19,000,000 from
unexpended prior-year balances and directs the use of
$25,000,000 in prior-year balances from nonproliferation
construction to offset fiscal year 2019 needs. The agreement
includes a provision that directs the use of $25,000,000 for
design activities for the dilute and dispose strategy for
plutonium disposition and a provision that prohibits the use of
funds for construction and procurement activities for the
Surplus Plutonium Disposition project.
Global Material Security.--Within amounts for Domestic
Radiological Security, the conferees provide $12,000,000 to
improve capabilities to train first responders and other
experts in nuclear operations, safeguards, cyber, and emergency
response.
Material Management and Minimization.--The NNSA shall
discontinue requesting funds in this account for HEU Reactor
Conversion in its fiscal year 2020 budget request and is
directed to request funds for these activities within
Laboratory and Partnership Support and Nonproliferation Fuel
Development as provided in the conference agreement. Within
amounts for Laboratory and Partnership Support, $15,000,000
shall be for technical support of global and industry partners
that are seeking to minimize the use of highly-enriched uranium
in the production of Mo-99 and $20,000,000 shall be to support
the competitively-awarded funding opportunity to expedite the
establishment of a stable domestic source of Mo-99 that was
directed in the fiscal year 2018 Act.
In lieu of language in the House report, the conferees
include funding within Material Disposition for design,
planning, and other supporting activities for the dilute and
dispose strategy for plutonium disposition.
Nonproliferation and Arms Control.--In lieu of language
in the Senate report, the NNSA shall provide to the Committees
on Appropriations of both Houses of Congress, not later than 45
days after the enactment of this Act, a briefing on
international efforts to monitor global technology supply
chains and implement robust export controls to prevent nuclear
proliferation.
MOX Fuel Fabrication Facility, SRS.--In lieu of language
in the House and Senate reports, the conferees include funds
for the project consistent with the amounts and uses authorized
by the National Defense Authorization Act for Fiscal Year 2019.
Defense Nuclear Nonproliferation Research and Development
(DNN R&D).--Within amounts for Nonproliferation Fuels
Development, $10,000,000 shall be for the national laboratories
to develop high-density low-enriched fuels that could replace
highly enriched uranium for naval applications.
In lieu of the prohibition on the use of funds to convert
the Advanced Test Reactor (ATR) and the High Flux Isotope
Research Reactor (HFIR) in the House report, the NNSA shall
provide to the Committees on Appropriations of both Houses of
Congress not later than 90 days after the enactment of this Act
a report on the total estimated costs to convert ATR, HFIR,
TREAT, and any other reactor currently planned for conversion
through the U.S. High Performance Research Reactor Program. The
report shall include a multi-year funding plan and schedule
through completion for each separate reactor conversion and the
estimates shall include sufficient contingency to account for
any remaining programmatic and technical risks associated with
the fuel development activities.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
The conferees provide $1,788,618,000 for Naval Reactors.
The agreement includes a provision to transfer $85,500,000 to
Nuclear Energy for operations and maintenance of the Advanced
Test Reactor. Within funds for Naval Reactors Research and
Development, $2,000,000 is for planning, preparation, and
shipments of nuclear materials to support a pilot project on
ZIRCEX.
Federal Salaries and Expenses
The conferees provide $410,000,000 for the federal
salaries and expenses of the Office of the NNSA Administrator.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(INCLUDING RESCISSION OF FUNDS)
The conferees provide $6,028,600,000 for Defense
Environmental Cleanup. The conferees include a rescission of
$4,600,000 in unexpended prior-year balances from the
Hexavalent Chromium Pump and Treatment Facility project and
direct the use of $7,577,000 in prior-year balances from the
Savannah River Site to offset fiscal year 2019 needs. The
Department is directed to submit its fiscal year 2020 budget
request consistent with the budget structure for the Waste
Treatment Plant in this Act.
In lieu of the direction in the House and Senate reports,
no funds are provided within the Richland or Office of River
Protection control points for the Test Bed Initiative,
consistent with the budget request. Not later than 60 days
after the enactment of this Act, the Department shall submit to
the Committees on Appropriations of both Houses of Congress a
report on the Test Bed Initiative that includes expected costs
and implementation schedule, impacts on the 2016 Consent Decree
and Tri-Party Agreement, any necessary regulatory or permit
changes, any necessary National Environmental Policy Act
analysis, any necessary changes on site infrastructure, and
plans for storage and disposal of waste generated through this
initiative. If the Department requests funds for the Initiative
in future budget submissions, such funds shall be requested
within the Office of River Protection in a new, separate
control point.
Richland.--Within amounts for Richland, the conferees
include $2,000,000 above the budget request for maintenance and
repair of B Reactor and additional amounts above the budget
request for cleanup of the 324 Building, Plutonium Finishing
Plant, and K-West facility; interim stabilization of PUREX
Tunnel #2; and site-wide infrastructure. Also within amounts
for Richland, no funding shall be available to carry out
activities relating to single-shell tank stabilization or tank
farm activities outside of site-wide infrastructure activities.
Within amounts for Central Plateau Remediation, $8,500,000
shall be for the Hazardous Materials Management and Emergency
Response facilities.
Technology Development and Deployment.--Within the
amounts provided for Technology Development and Deployment, not
less than $5,000,000 shall be for work on qualification,
testing, and research to advance the state of the art of
containment ventilation systems and the Department shall take
the necessary steps to implement and competitively award a
cooperative university affiliated research center for that
purpose; $5,000,000 shall be for the National Spent Fuel
Program at Idaho National Laboratory to address activities
recommended by the Nuclear Waste Technical Review Board as
directed in the House report; $5,000,000 shall be for
independent review, analysis, and applied research to support
cost-effective, risk-informed cleanup decision-making; and no
further direction.
Other Defense Activities
The conferees provide $860,292,000 for Other Defense
Activities and include the use of $2,000,000 in unexpended
prior-year balances to offset fiscal year 2019 needs. The
agreement includes $12,000,000 above the budget request for
targeted investments to defend the U.S. energy sector against
the evolving threat of cyber and other attacks in support of
the resiliency of the nation's electric grid and energy
infrastructure.
The conferees are concerned with the recently issued
Order 140.1, Interface with the Defense Nuclear Facilities
Safety Board (DNFSB), and the potential impacts on the ability
of the DNFSB to carry out its Congressionally-mandated
responsibilities. Not later than 30 days after the enactment of
this Act, the Department shall provide to the Committees on
Appropriations of both Houses of Congress a briefing on how the
Order differs from the previous Manual, how the Department
plans to incorporate concerns from the DNFSB and the public,
and the Department's plans to implement the Order across the
organization.
POWER MARKETING ADMINISTRATIONS
No funds are recommended to divest transmission assets of
the Power Marketing Administrations (PMA). The conferees remind
the Department of the prohibition on studying transfer of PMA
assets in Public Law 99-349.
Organizational Reporting.--The Department recently
announced a change in organizational structure moving the point
of reporting for the PMAs to the Assistant Secretary for
Electricity from the Deputy Secretary. The Committee has heard
concerns that the realignment may indicate an intention to
change the substantive relationship between the Department and
each PMA, including actions related to PMA leadership
decisions, use of the PMAs and their resources, and ratemaking;
the Committee does not support such a change. The PMAs have
unique statutory requirements, and the Committee expects the
Department to adhere to and not expand upon those requirements.
Bonneville Power Administration Fund
The agreement provides no appropriation for the
Bonneville Power Administration, which derives its funding from
revenues deposited into the Bonneville Power Administration
Fund.
Operation and Maintenance, Southeastern Power Administration
The agreement provides a net appropriation of $0 for the
Southeastern Power Administration.
Operation and Maintenance, Southwestern Power Administration
The agreement provides a net appropriation of $10,400,000
for the Southwestern Power Administration. To ensure sufficient
authority to meet purchase power and wheeling needs, the
agreement includes $40,000,000 above the level credited as
offsetting collections by the Congressional Budget Office. The
Department is directed to continue working with the Committees
on Appropriations of both Houses of Congress to provide
necessary information to address this scoring issue for future
fiscal years.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
The agreement provides a net appropriation of $89,372,000
for the Western Area Power Administration. To ensure sufficient
authority to meet purchase power and wheeling needs, the
agreement includes $45,442,000 above the level credited as
offsetting collections by the Congressional Budget Office. The
Department is directed to continue working with the Committees
on Appropriations of both Houses of Congress to provide
necessary information to address this scoring issue for future
fiscal years.
Falcon and Amistad Operating and Maintenance Fund
The agreement provides a net appropriation of $228,000
for the Falcon and Amistad Operating and Maintenance Fund. The
agreement includes the use of $2,500,000 in prior-year
balances. The agreement includes legislative language
authorizing the acceptance and use of contributed funds in
fiscal year 2019 for operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric
facilities at the Falcon and Amistad Dams.
Concerns persist that additional infrastructure
investments are necessary at the Falcon and Amistad dams.
Western is directed to coordinate with the International
Boundary and Water Commission to determine a plan for
addressing any needed improvements and brief the Committees on
Appropriations of both Houses of Congress not later than 90
days after the enactment of this Act on progress towards
finalizing a plan.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $369,900,000 for the Federal
Energy Regulatory Commission (FERC). Revenues for FERC are set
to an amount equal to the budget authority, resulting in a net
appropriation of $0.
FERC shall require the licensee of Oroville Dam to
request the United States Society on Dams to nominate
independent consultants to prepare a level 2 risk analysis,
consistent with the Commission's guidelines, for use in
conducting the next Part 12 safety review of Oroville Dam,
currently scheduled for 2019. FERC shall ensure the
independence of the nominated consultants from the licensee.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING TRANSFERS OF FUNDS)
The conferees include a modified provision prohibiting
the use of funds provided in this title to initiate requests
for proposals, other solicitations, or arrangements for new
programs or activities that have not yet been approved and
funded by the Congress; requires notification or a report for
certain funding actions; prohibits funds to be used for certain
multi-year ``Energy Programs'' activities without notification;
and prohibits the obligation or expenditure of funds provided
in this title through a reprogramming of funds except in
certain circumstances.
The conferees include a provision authorizing
intelligence activities of the Department of Energy for
purposes of section 504 of the National Security Act of 1947.
The conferees include a provision prohibiting the use of
funds in this title for capital construction of high hazard
nuclear facilities, unless certain independent oversight is
conducted.
The conferees include a provision prohibiting the use of
funds in this title to approve critical decision-2 or critical
decision-3 for certain construction projects, unless a separate
independent cost estimate has been developed for that critical
decision.
The conferees include a provision on the Department of
Energy's Working Capital Fund.
The conferees include a provision prohibiting funds in
the Defense Nuclear Nonproliferation account for certain
activities and assistance in the Russian Federation.
The conferees include a provision regarding management of
the Strategic Petroleum Reserve.
The conferees include a provision regarding authority to
release refined petroleum product from the Strategic Petroleum
Reserve.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE IV--INDEPENDENT AGENCIES
The budget request proposes to eliminate the Delta
Regional Authority, Denali Commission, and Northern Border
Regional Commission. The budget requests funding to conduct
closeout of the agencies in fiscal year 2019. Because Congress
strongly opposes the termination of these agencies, the
agreement includes funding to continue their activities. The
Administration shall continue all activities funded by this Act
as well as follow directive language included in this report.
No funds shall be used for the planning of or implementation of
termination of these agencies.
Appalachian Regional Commission
The conferees provide $165,000,000 for the Appalachian
Regional Commission (ARC).
The agreement includes the following direction in lieu of
all direction included in the House and Senate reports.
To diversify and enhance regional business development,
$10,000,000 is provided to continue the program of high-speed
broadband deployment in distressed counties within the Central
Appalachian region that have been most negatively impacted by
the downturn in the coal industry. This funding shall be in
addition to the 30 percent directed to distressed counties.
Within available funds, $73,000,000 is provided for base
funds and $50,000,000 is for the POWER Initiative to support
communities, primarily in Appalachia, that have been adversely
impacted by the closure of coal-powered generating plants and a
declining coal industry by providing resources for economic
diversification, job creation, job training, and other
employment services.
Within available funds, not less than $16,000,000 is
provided for a program of industrial site and workforce
development in Southern and South Central Appalachia, focused
primarily on the automotive supplier sector and the aviation
sector. Up to $13,500,000 of that amount is provided for
activities in Southern Appalachia. The funds shall be
distributed to States that have distressed counties in Southern
and South Central Appalachia using the ARC Area Development
Formula.
Within available funds, the agreement provides
$16,000,000 for a program of basic infrastructure improvements
in distressed counties in Central Appalachia. Funds shall be
distributed according to ARC's distressed counties formula and
shall be in addition to the regular allocation to distressed
counties.
In addition, the ARC is directed to engage in a
partnership with a rural consortium that includes academic
entities, rural health care providers, and economic development
entities in order to develop information and data on overall
agricultural and human health issues, how economic distress can
be overcome through addressing these issues, and strategies for
implementing solutions. The ARC is directed to provide to the
Committees on Appropriations of both Houses of Congress not
later than one year after the enactment of this Act a report
describing activities in support of this effort.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
The conferees provide $31,000,000 for the Defense Nuclear
Facilities Safety Board. The conferees include a provision that
prohibits implementation of any reform or reorganization plan,
including the plan announced on August 15, 2018, unless that
plan is specifically authorized in law.
Delta Regional Authority
SALARIES AND EXPENSES
The conferees provide $25,000,000 for the Delta Regional
Authority (DRA).
Within available funds, the agreement provides not less
than $10,000,000 for flood control, basic public infrastructure
development, and transportation improvements, which shall be
allocated separate from the State formula funding method. The
agreement does not include a statutory waiver with regard to
DRA's priority of funding. The DRA is further directed to focus
on activities relating to basic public infrastructure and
transportation infrastructure before allocating funding toward
other priority areas.
Denali Commission
The conferees provide $15,000,000 for the Denali
Commission.
Northern Border Regional Commission
The conferees provide $20,000,000 for the Northern Border
Regional Commission.
Within available funds, not less than $4,000,000 is
provided for initiatives that seek to address the decline in
forest-based economies throughout the region. The agreement
includes legislative language regarding the management of the
Northern Border Regional Commission in fiscal year 2019.
Southeast Crescent Regional Commission
The conferees provide $250,000 for the Southeast Crescent
Regional Commission.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
The Commission's mission is to ensure the safety and
security of the nation's use of nuclear power and nuclear
materials and protect the workers and public who use and
benefit from these materials and facilities. The agreement
provides $898,350,000 for Nuclear Regulatory Commission
(Commission) salaries and expenses. This amount is offset by
estimated revenues of $770,477,000, resulting in a net
appropriation of $127,873,000. The agreement includes
$10,300,000 for activities related to the development of
regulatory infrastructure for advanced nuclear reactor
technologies and $16,080,000 for international activities,
which are not subject to the Commission's general fee recovery
collection requirements. The agreement directs the use of
$20,000,000 in prior-year unobligated balances.
The agreement includes the following direction in lieu of
all direction included in the House and Senate reports:
Nuclear Reactor Safety.--The agreement includes
$469,767,000 for Nuclear Reactor Safety. This control point
includes the Commission's Operating Reactors and New Reactors
business lines.
Integrated University Program.--The agreement includes
$15,000,000 for the Integrated University Program. Of this
amount, $5,000,000 is to be used for grants to support projects
that do not align with programmatic missions but are critical
to maintaining the discipline of nuclear science and
engineering.
Nuclear Materials and Waste Safety.--The agreement
includes $108,609,000 for Nuclear Materials and Waste Safety.
Included within this control point are the Fuel Facilities,
Nuclear Material Users, and Spent Fuel Storage and
Transportation business lines.
Decommissioning and Low-Level Waste.--The agreement
includes $25,393,000 for Decommissioning and Low-Level Waste.
Corporate Support.--The agreement includes $299,581,000
for Corporate Support. The agreement provides, within available
funds, not more than $9,500,000 for the salaries, travel, and
other support costs for the Office of the Commission. These
salaries and expenses shall include only salaries and benefit
and travel costs, and are not to include general,
administrative, or infrastructure costs. The use and
expenditure of these funds shall be jointly managed through
majority vote of the Commission. The Commission shall continue
to include a breakout and explanation of the Commission
salaries and expenses in its annual budget requests. If the
Commission wishes to change the composition of the funds in
future years, it must do so in an annual budget request or
through a reprogramming.
Budget Execution Plan.--The Commission shall provide a
specific budget execution plan to the Committees on
Appropriations of both Houses of Congress not later than 30
days after the enactment of this Act. The plan shall include
details at the product line level within each of the control
points.
Unobligated Balances from Prior Appropriations.--The
Commission carries unobligated balances from appropriations
received prior to fiscal year 2018. The agreement requires the
use of $20,000,000 of these balances, derived from fee-based
activities. The Commission is directed to apply these savings
in a manner that continues to ensure the protection of public
health and safety and maintains the effectiveness of the
current inspection program. Because the Commission has already
collected fees corresponding to these activities in prior
years, the agreement does not include these funds within the
fee base calculation for determining authorized revenues and
does not provide authority to collect additional offsetting
receipts for their use. Any remaining unobligated balances
carried forward from prior years are subject to
thereprogramming guidelines in section 402 of the Act, and shall only
be used to supplement appropriations consistent with those guidelines.
Rulemaking.--The Commission shall submit to the
Committees on Appropriations of both Houses of Congress a list
of all rulemaking activities planned, to include their
priority, schedule, and actions taken to adhere to the backfit
rule, in the annual budget request and the semi-annual report
to Congress on licensing and regulatory activities.
Transformation Initiative.--The Transformation Initiative
is intended to enhance the Commission's ability to evaluate and
regulate new and novel technologies--such as accident tolerant
fuels, new materials and new manufacturing approaches, big
data, digital instrumentation and controls, and small modular
and advanced reactor designs--that will challenge the
Commission's current regulatory framework. In future budget
requests, the Commission is directed to include concrete
proposals developed under the Initiative and to reflect savings
achieved from their implementation.
Accident Tolerant Fuels.--Not later than 180 days after
the date of enactment of this Act, the Commission shall submit
to the Committees on Appropriations of both Houses of Congress
a plan describing the Commission's activities with respect to
the testing of materials, the development of consensus
standards, and the validation of computer codes and how these
activities will be integrated with the work of external
organizations. The plan shall describe how the Advanced Test
Reactor, the Transient Reactor Test Facility, and the Halden
Reactor support these efforts.
Digital Instrumentation and Control.--Not later than 90
days after the date of enactment of this Act, the Commission
shall submit to the Committees on Appropriations of both Houses
of Congress a report describing approaches to permitting the
use of digital instrumentation and control in safety
applications outside of the nuclear industry. The report shall
discuss whether the permitting approaches used in non-nuclear
applications would be acceptable in nuclear applications, and
if not, explain why not.
Reporting Requirements.--The agreement directs the
Commission to continue to provide to the Committees on
Appropriations of both Houses of Congress a quarterly report on
licensing goals and right-sizing commitments, as described in
the explanatory statement for Public Law 114-113.
(dollars in thousands)
------------------------------------------------------------------------
Conference
------------------------------------------------------------------------
Nuclear Reactor Safety............................... 469,767
Integrated University Program........................ 15,000
Nuclear Materials And Waste Safety................... 108,609
Decommissioning And Low-Level Waste.................. 25,393
Corporate Support.................................... 299,581
Use Of Prior-Year Balances........................... -20,000
------------------
Total, Nuclear Regulatory Commission............. 898,350
------------------------------------------------------------------------
OFFICE OF INSPECTOR GENERAL
The agreement includes $12,609,000 for the Office of
Inspector General in the Nuclear Regulatory Commission. This
amount is graphic by revenues of $10,355,000, for a net
appropriation of $2,254,000.
The agreement includes $1,103,000 to provide inspector
general services for the Defense Nuclear Facilities Safety
Board.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
The conferees provide $3,600,000 for the Nuclear Waste
Technical Review Board.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
The conferees include a provision instructing the Nuclear
Regulatory Commission on responding to congressional requests
for information.
The conferees include a provision relating to
reprogramming.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The conferees include a provision relating to lobbying
restrictions.
The conferees include a provision relating to transfer
authority. No additional transfer authority is implied or
conveyed by this provision. For the purposes of this provision,
the term ``transfer'' shall mean the shifting of all or part of
the budget authority in one account to another. In addition to
transfers provided in this Act or other appropriations Acts,
and existing authorities, such as the Economy Act (31 U.S.C.
1535), by which one part of the United States Government may
provide goods or services to another part, the Act allows
transfers using Section 4705 of the Atomic Energy Defense Act
(50 U.S.C. 2745) and 15 U.S.C. 638 regarding SBIR/STTR.
The conferees include a provision prohibiting funds to be
used in contravention of the executive order entitled ``Federal
Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations.''
The conferees include a provision prohibiting the use of
funds to establish or maintain a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography, except for law enforcement investigation,
prosecution, or adjudication activities.
The conferees include a provision providing for an
additional amount for the Bureau of Reclamation.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DIVISION B--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2019
The following is an explanation of the effects of
Division B, which makes appropriations for the Legislative
Branch for fiscal year 2019. Unless otherwise noted, reference
to the House and Senate reports are to House Report 115-696 and
Senate Report 115-274. The language included in these reports
should be complied with and carry the same emphasis as the
language included in the explanatory statement, unless
specifically addressed to the contrary in this explanatory
statement. While repeating some report language for emphasis,
this explanatory statement does not intend to negate the
language referred to above unless expressly provided herein.
Reprogramming Guidelines: It is expected that all
agencies notify the Committees on Appropriations of the House
and the Senate of any significant departures from budget plans
presented to the Committees in any agency's budget
justifications. In particular, agencies funded through this
bill are required to notify the Committees prior to each
reprogramming of funds in excess of the lesser of 10 percent or
$750,000 between programs, projects or activities, or in excess
of $750,000 between object classifications (except for shifts
within the pay categories, object class 11, 12, and 13 or as
further specified in each agency's respective section). This
includes cumulative reprogrammings that together total at least
$750,000 from or to a particular program, activity, or object
classification as well as reprogramming full time equivalents
(FTE) or funds to create new organizational entities within the
agency or to restructure entities which already exist. The
Committees desire to be notified of reprogramming actions which
involve less than the above-mentioned amounts if such actions
would have the effect of changing an agency's funding
requirements in future years or if programs or projects
specifically cited in the Committees' reports are affected.
Inspector General Budgets: The conferees believe it is
important to ensure independence between Legislative Branch
Inspectors General (IG) and their respective reporting agencies
and expect to see a separate section in each agency's fiscal
year 2020 budget justification reflecting a detailed budget
request for the agency's IG Office. Additionally, the conferees
direct each IG to keep the Committees fully apprised of its
funding needs, and the conferees direct each agency not to
interfere with or require approval for such communications.
TITLE I
SENATE
The agreement includes $934,666,642 for Senate
operations. This item relates solely to the Senate, and is in
accordance with long practice under which each body determines
its own housekeeping requirements and the other concurs without
intervention.
Senate Employees' Child Care Center (SECCC): In lieu of
language included in Senate Report 115-274, the agreement
directs the Government Accountability Office (GAO) to review
the current operations of the SECCC. GAO must receive input
from related constituencies including SECCC Board Members and
the Executive Director. GAO shall conduct a study and provide
its findings to the Committee on Appropriations and the
Committee on Rules and Administration no later than 180 days
after enactment of this act. The study shall: examine the
current statutory impediments to and feasibility of
incorporating the SECCC into either the office of the Sergeant
at Arms or the office of the Secretary of the Senate; the
current costs to operate the facility, including capital,
operating, salaries, benefits and other expenses and how those
might convey to one of the Senate entities named; investigate
the creation and operation of a revolving fund by which tuition
and other payments may be received; detail the best method of
dissolving the 501(c)(3) that currently runs the SECCC; and
recommend a personnel process to govern hires, transfers,
promotions, and approvals for training. The study should also
include an accounting of the SECCC's requirements to maintain
certification and licensing as a certified and/or accredited
child care and child development facility in the District of
Columbia. That accounting should also include any requirements
for insurance or other liability protections for the staff or
the facility. The study should disclose all costs associated
with the operation of the center that are currently incurred by
the SECCC, the Architect of the Capitol, the Senate Sergeant at
Arms, and the Secretary of the Senate. When developing its
findings, the Committee strongly encourages GAO to consider the
structure and capacity of child care facilities that serve
employees of other Legislative Branch agencies, the House of
Representatives, and Executive Branch agencies. The conferees
further direct the Comptroller General to brief the Committee
on Rules and Administration not later than 90 days after
enactment on preliminary findings of the Comptroller General's
evaluation, with the report to follow at a date to be
determined at the time of the briefing.
In lieu of language included in Senate Report 115-274,
the agreement includes the following:
Senate Staff Compensation Review: Ensuring Senate staff
compensation is competitive and fair is critical to attracting
and retaining highly-qualified staff. The Secretary of the
Senate is directed to conduct a review, or contract with an
independent external entity to conduct a review, of the
salaries and benefits of staff employed by Senators' offices
and Senate Committees to evaluate the extent to which Senate
staff receive similar pay for similar work, both internally and
externally to the Senate. The review must consider job
responsibilities, experience, and outside qualifications,
including education, for such comparisons. Providing such
compensation data is strictly voluntary for any Senator's
office or Senate Committee, and any such office may direct that
its data be excluded from any data provided for the review. The
review should note how many offices, in the aggregate, chose
not to participate. The Secretary, or contracting entity, must
also take all reasonable and necessary steps to ensure that the
data gathered is securely protected and kept confidential. The
Committee directs that such a review be started, or contracted
out, within 12 months of enactment and that a report
summarizing such review be submitted, within 18 months of
enactment, to the Committee on Appropriations and upon request
to any Senator. Such report must provide summaries of such
comparisons and exclude any information that could be used to
identify any individual, any Senators' office, any Committee,
or any other entity of the Senate, similar to reports published
in 2001 and 2006.
Senate Intern Compensation: The agreement reiterates
directives included in Senate Report 115-274 related to Senate
Intern Compensation and notes that $5,000,000 is provided for
such purpose.
Death Gratuity: Consistent with tradition, the agreement
provides $174,000 to the widow of Senator John Sidney McCain
III.
Administrative Provisions
The agreement provides for unspent amounts remaining in
Senators' Official Personnel and Office Expense Account to be
used for deficit or debt reduction; amends the Federal Election
Campaign Act relating to electronic filings; and extends the
authority as provided for in section 21(d) of Senate Resolution
64 of the 113th Congress, as amended by section 178 of Public
Law 114-223.
HOUSE OF REPRESENTATIVES
The agreement includes $1,232,663,035 for House
operations. This item relates solely to the House, and is in
accordance with long practice under which each body determines
its own housekeeping requirements and the other concurs without
intervention.
Chief Administrative Office
House Campus Food Service: The conferees commend the
Chief Administrative Officer (CAO) for the addition of several
branded options to the House campus and encourage the CAO to
continue exploring opportunities to add more.
Members Dining Room (MDR): Dating back to 1858, the MDR
has provided a social space where Members meet with one another
and with their constituents. This is a unique and special
experience for visitors of all ages. There have been ongoing
concerns over the years regarding improvements to food service
and quality in the MDR. The conferees direct the Chief
Administrative Officer to explore applying the branded option
concept to the dining room in an effort to provide consistent
service, better food selection, and quality food to Members and
their guests.
The CAO is to report back to the appropriate stakeholders
regarding options and timelines within 90 days.
Office of the Legislative Counsel of the House
Funding: The House Office of Legislative Counsel (HOLC)
staffing has not increased proportionally to meet Member
expectations for drafting assistance. The HOLC has recently
experienced a loss of key personnel, including to the executive
branch. While the current Legislative Counsel is to be
commended for his strategic management approach and successful
recruitment of talented personnel, the HOLC needs additional
resources to hire and retain additional attorneys, paralegals,
and administrative staff. An additional $2,000,000 is provided
so that HOLC will be better positioned over the long-term to
meet its statutory responsibility and support Members and staff
throughout the legislative process. The conferees specifically
expect HOLC to ensure the availability of drafting assistance
to Members, committees and leadership offices when legislative
activity is expected or legislative deadlines are approaching.
Paid Internships: The conferees believe that House
internships should be available to the broadest possible pool
of candidates who have the ability and interest to serve.
Unpaid internships can be an impediment to otherwise qualified
candidates who cannot independently afford to work without pay.
One important step to expanding the opportunity for public
service within the House is to provide interns financial
compensation via a salary.
The underlying bill provides up to $20,000 per Member
office for the sole purpose of paid internships. The paid
internship positions shall not count against the number of
employees who may be employed by a Member of the House under 2
U.S.C. 5321. The Committee on House Administration will
promulgate rules and regulations on the implementation of this
new authority.
Administrative Provisions
The agreement provides for unspent amounts remaining in
Members' Representational Allowances account to be used for
deficit or debt reduction; prohibits the delivery of bills and
resolutions; prohibits the delivery of printed copies of the
Congressional Record; places a limitation on amount available
to lease vehicles; places a limitation on print copies of the
U.S. Code; prohibits delivery of reports of disbursements,
daily calendars, and the Congressional Pictorial Directory;
repeal of authorizations for former Speakers; and transfer
authority.
JOINT ITEMS
Joint Economic Committee
The agreement includes $4,203,000 for salaries and
expenses.
Joint Committee on Taxation
The agreement includes $11,169,000 for salaries and
expenses.
Office of the Attending Physician
The agreement includes $3,798,000.
Office of Congressional Accessibility Services
SALARIES AND EXPENSES
The agreement includes $1,486,000 for salaries and
expenses.
Capitol Police
SALARIES
The agreement includes $374,804,000 for salaries of the
Capitol Police (USCP). The increase includes necessary half
year funds to provide full year funding for those sworn hired
from fiscal year 2018 funding to staff the House Garage
Security initiative and limited prescreening; half year funding
to fully fund 48 civilian positions hired from fiscal year 2018
funding that will replace positions currently staffed by sworn
officers, who will be redeployed to meet critical mission
requirements and provide immediate personnel utility; and
additional half year funds in fiscal year 2019 for the hiring
of 72 sworn and 21 civilian positions for additional sworn
prescreeners at office buildings and the implementation of
enhanced screening at the Capitol Visitor Center, as well as
one position for the USCP Office of Inspector General. No more
than $43,668,000 is recommended for overtime in fiscal year
2019. This provides for approximately 665,000 hours of
additional duty.
Risk-Based Protections for Members of Congress: As
highlighted by the 2017 shooting in Alexandria, Virginia,
evolving threats to Congress include the physical targeting of
Members of Congress. In addition to securing the Capitol
campus, the conferees find that ensuring the continuity of
government must include protecting the physical security of
Members. This bill includes $1,000,000 to enhance Member
security outside of the Capitol campus in the National Capital
Region, as warranted by risk-based analyses. Such funds may be
used to reimburse local law enforcement and/or support
additional dignitary protection teams to be assigned on a
flexible and dynamic basis. The conferees further expect the
USCP to adopt Inspector General recommendations on improving
the effectiveness of USCP units, including those other than the
Uniformed Services Bureau, to better position the USCP to
expand off-campus security for Members. The USCP is directed to
report to the Committees within 90 days of enactment on plans
for utilizing the increased funding for off-campus Member
security in the National Capital Region, including cost
estimates for expanding such efforts. The USCP is also directed
to include in such report a recommendation to the Committees on
specific features of such events that may warrant a threat
assessment. Such recommendation should be made in a format that
could better inform Members and staff of events that may need
to be alerted to the USCP.
Use of Grounds: The conferees understand the need to
maintain safety and order on the Capitol grounds and the USCP
is commended for their efforts. Given the family-style
neighborhood that the Capitol shares with the surrounding
community the conferees continue to instruct the Capitol Police
to forebear enforcement of 2 U.S.C. 1963 (``an act to protect
the public property, turf, and grass of the Capitol Grounds
from injury'') and the Traffic Regulations for the United
States Capitol Grounds when encountering snow sledders on the
grounds.
Horse Mounted Unit: For a period of time prior to fiscal
year 2006 the USCP operated a six-person Horse Mounted Unit
(HMU). The non-personnel start-up costs and annual operating
budget required to have a dedicated USCP HMU at this time would
take resources away from USCP priorities. However, some believe
that having a HMU occasionally patrol the Capitol campus could
be beneficial both from an aesthetic and security perspective.
The USCP is directed to provide a report to the Committees
within 90 days of enactment that explores the possibility of
entering into a memorandum of understanding with the United
States Park Police (USPP) and the Metropolitan Police
Department to provide HMU support around the Capitol campus.
The report must address all aspects of such MOU, including any
anticipated direct costs and any reimbursement payments. The
report must also provide a detailed analysis of the security
improvements that could be made under such an MOU, including
accounting for the potential frequency of USPP and MPD HMU
presence on the campus.
USCP Office of Inspector General: The agreement includes
funds to support not less than six FTEs within the USCP Office
of Inspector General.
General Expenses
The agreement includes $81,504,000 for general expenses
of the Capitol Police.
Office of Compliance
SALARIES AND EXPENSES
The agreement includes $6,332,670 for salaries and
expenses.
Compliance and Training Additional Resources: The
conferees recognize the continued work on reforming the
Congressional Accountability Act (CAA) and the process by which
harassment and discrimination are reported in the workplace. In
support of the ongoing CAA reform efforts and the increasing
role and expectations of the Office of Compliance (OOC)
including training of Legislative Branch offices and agencies,
which includes the addition of the Library of Congress earlier
this year, the agreement provides an additional $1,373,670
above the fiscal year 2018 enacted level.
Congressional Budget Office
SALARIES AND EXPENSES
The agreement includes $50,737,000 for salaries and
expenses.
Responsiveness to Congress: The Congressional Budget
Office (CBO) provides Congress with estimates and analyses
which can play an influential role in the legislative process.
The conferees support the CBO's initiatives to improve
responsiveness to Congress. To better understand the needs of
the agency with respect to these initiatives, the conferees
request additional details and plans for current and future
efforts. Specifically, the conferees request information
pertaining to the allocation of time and resources spent on
formal cost estimates versus informal cost estimates and an
update on the agency's plans to enhance the tracking of this
information.
Architect of the Capitol
The agreement includes $733,745,000 for the activities of
the Architect of the Capitol (AOC).
Office of Inspector General (OIG): Within funds provided
the conferees direct the AOC OIG to employ not fewer than 14
full-time equivalent positions during fiscal year 2019.
Capital Construction and Operations
The agreement includes $103,962,000 for Capital
Construction and Operations.
With respect to operations and projects, the following is
agreed to:
Operating Budget........................................ $103,962,000
Total, Capital Construction and Operations.............. $103,962,000
Capitol Building
The agreement includes $43,992,000, for maintenance,
care, and operation of the Capitol, of which $17,344,000 shall
remain available until September 30, 2023.
With respect to operations and projects, the following is
agreed to:
Operating Budget...................................... $26,648,000
Project Budget:
Security Improvements, House Chamber, USC......... 4,857,000
Senate Reception Room Restoration and 4,363,000
Conservation, USC................................
Fire Alarm System Upgrade, USC.................... 2,525,000
Conservation of Fine and Architectural Art........ 599,000
Minor Construction................................ 5,000,000
-----------------
17,344,000
Total, Capitol Building............................... $43,992,000
Capitol Grounds
The agreement includes $16,761,000 for the care and
improvements of the grounds surrounding the Capitol, House and
Senate office buildings, and the Capitol Power Plant, of which
$5,519,000 shall remain available until September 30, 2023.
With respect to operations and projects, the following is
agreed to:
Operating Budget...................................... $11,242,000
Project Budget:
Light Pole Structural Repairs and Improvements, 2,519,000
Phase III-VI.....................................
Minor Construction................................ 3,000,000
-----------------
5,519,000
Total, Capitol Grounds................................ $16,761,000
House Office Buildings
The agreement includes $197,098,000 for the care and
maintenance of the House Office Buildings, of which $65,552,000
shall remain available until September 30, 2023 and $62,000,000
shall remain available until expended.
Operating Budget...................................... $59,546,000
Project Budget:
Garage Interior Rehabilitation, Phase IV, RHOB.... 32,721,000
Security Enhancements, Phase IV and V, HOB........ 22,171,000
CAO Project Support............................... 3,660,000
Restoration & Renovation, CHOB.................... 62,000,000
Minor Construction................................ 7,000,000
-----------------
127,552,000
House Office Buildings (base program)................. $187,098,000
House Historic Buildings Revitalization Trust Fund 10,000,000
Total, House Office Buildings......................... $197,098,000
This item relates solely to the House and is in
accordance with long practice under which each body determines
its own housekeeping requirements, and the other concurs
without intervention.
Cannon Tunnel Improvements: The tunnel connecting the
Cannon House Office Building and the Capitol Building is the
path many visitors travel in route to visiting the Capitol. The
current condition of the Cannon tunnel is that of a basement
ambience. Furthermore the tunnel is subject to leaks which have
recently caused the tunnel to be closed. The Architect of the
Capitol, in consultation with the Clerk of the House, is
directed to develop a comprehensive plan to enhance the tunnel.
The plan should include cost estimates, timeline, and
renderings to improve the welcoming experience as visitors make
their way to the Capitol.
Capitol South Metro Station Arrival Area: The conferees
recognize the symbolism of the Capitol complex to our nation
and around the world. A desire exists to make improvements to
the welcoming experience as visitors arrive at the campus. The
Architect of the Capitol is directed to further study,
evaluate, and develop designs for the transformation of First
Street, SE into a morewelcoming environment with specific
improvements targeted to creating a safe and secure arrival area at the
Capitol South Metro station.
Senate Office Buildings
The agreement includes $93,562,000 for the maintenance,
care and operation of the Senate Office Buildings, of which
$31,162,000 shall remain available until September 30, 2023.
Operating Budget...................................... $62,400,000
Project Budget:
Emergency Generator Replacement, HSOB............. 850,000
Fire Alarm Upgrade, DSOB.......................... 606,000
Exterior Envelope Repair & Restoration, Phases IV 24,706,000
and V, RSOB......................................
Minor Construction................................ 5,000,000
-----------------
31,162,000
Total, Senate Office Buildings................ $93,562,000
This item relates solely to the Senate and is in
accordance with long practice under which each body determines
its own housekeeping requirements, and the other concurs
without intervention.
Capitol Power Plant
In addition to the $9,000,000 made available from
receipts credited as reimbursements to this appropriation, the
agreement includes $114,050,000 for maintenance, care and
operation of the Capitol Power Plant, of which $31,362,000
shall remain available until September 30, 2023.
With respect to operations and projects, the following is
agreed to:
Operating Budget...................................... $91,688,000
Project Budget:
Cooling Tower Renovation and Electrical Upgrades, 21,215,000
Phase IV.........................................
Tunnel Waterproofing, Y Tunnel.................... 4,709,000
Switchgear B & Pump Replacement, RPR, Phase VI.... 724,000
Condenser Water Pump and HVAC Replacement, RPR, 714,000
Phase VII........................................
Minor Construction................................ 4,000,000
-----------------
31,362,000
Subtotal, Capitol Power Plant................. $123,050,000
Offsetting Collections.................... (9,000,000)
-----------------
Total, Capitol Power Plant.................... $114,050,000
Library Buildings and Grounds
The agreement includes $68,525,000 for Library of
Congress Buildings and Grounds, of which $40,403,000 shall
remain available until September 30, 2023.
With respect to operations and projects, the following is
agreed to:
Operating Budget...................................... $28,122,000
Project Budget:
North Exit Stair B, Phase II, TJB................. 18,090,000
Emergency Lighting System Upgrade, TJB............ 7,490,000
Book Conveyor System Removal and In-Fill, JMMB.... 4,762,000
Exterior Masonry and Envelope Repairs, TJB........ 2,149,000
Fire Alarm and Audibility Upgrade, JMMB........... 1,622,000
ESPC Management Program, LBG...................... 1,790,000
National Library Service Relocation Design........ 2,000,000
Minor Construction................................ 2,500,000
-----------------
40,403,000
Total, Library Buildings and Grounds.......... $68,525,000
Capitol Police Buildings, Grounds, and Security
The agreement includes $57,714,000 for Capitol Police
Buildings, Grounds, and Security, of which $31,777,000 shall
remain available until September 30, 2023.
With respect to operations and projects, the following is
agreed to:
Operating Budget...................................... $25,937,000
Project Budget:
Chiller Replacement and Chilled Water System 15,477,000
Expansion, Phase I, ACF..........................
Barrier Lifecycle and Perimeter Security Kiosk 8,300,000
Replacement, Phase III...........................
South Door Screening Center Design and Initial 3,000,000
Construction, USC................................
Minor Construction................................ 5,000,000
-----------------
31,777,000
Total, Capitol Police Buildings, Grounds, and $57,714,000
Security.....................................
Alternate Computing Facility (ACF): The conferees direct
the AOC to develop and present a multi-year strategic plan for
the use of the ACF and associated costs estimates to meet the
plan. The conferees direct the AOC to work with their
stakeholders and Committees of jurisdiction when developing the
plan. Additionally, as part of the analysis for developing the
strategic plan the AOC is directed to work with the Uptime
Institute or equivalent certifying authority to have a third-
party assessment of the data center at the ACF.
Botanic Garden
The agreement includes $14,759,000 for salaries and
expenses for the Botanic Garden, of which $3,559,000 shall
remain available until September 30, 2023.
With respect to operations and projects, the following is
agreed to:
Operating Budget........................................ $11,200,000
Project Budget:
Security Upgrade, BGC............................... 959,000
Minor Construction.................................. 2,600,000
---------------
3,559,000
Total, Botanic Garden........................... $14,759,000
Capitol Visitor Center
The agreement includes $23,322,000 for the Capitol
Visitor Center.
ADMINISTRATIVE PROVISIONS
The agreement prohibits payments of bonuses to
contractors behind schedule or over budget; prohibits
expenditure of funds for scrims for projects performed by the
Architect of the Capitol; allows interagency transfers of funds
to support the security needs of Congress; amends the small
purchase threshold; authorizes details of employees; and
authorizes employees to accept reimbursement of expenses for
attending meetings and other functions in an official capacity.
Acceptance of Travel Expenses from Non-Federal Sources:
The Architect of the Capitol is directed to update its Ethics
Order to incorporate this new authority as well as including
the requirement applicable to executive branch agencies that
the Architect of the Capitol submit semi-annual reports on all
expenses paid in amounts greater than $250.
LIBRARY OF CONGRESS
SALARIES AND EXPENSES
The agreement includes $474,052,000 in direct
appropriations and authority to spend receipts of $6,000,000,
for a total of $480,052,000.
This amount includes $2,383,000 for the Veterans History
Project and $8,653,000 for the Teaching with Primary Sources
program.
Visitor Experience: The vision for the Visitor Experience
enhancements at the Library of Congress' Thomas Jefferson
Building has strong support in Congress. By expanding,
revitalizing, and better showcasing the Library's available
programs and historical artifacts, the Visitor Experience will
capitalize on investments in the Library while also opening up
the Library's treasures to more visitors from across the United
States and the world. To date, $10,000,000 of taxpayer money
has been appropriated and a commitment of $10,000,000 in
private donations for this public/private partnership
initiative has been secured. The preliminary cost estimate
provided by the Library of Congress for this project is
$60,000,000.
The conferees believe a substantial down payment for this
initiative has been invested which demonstrates the robust
support and commitment of Congress. While one third of the
funding for this initiative has been secured, routine budget
justification materials, such as a detailed cost estimate,
design, and timeline are still under development at the
Library. As directed in Public Law 115-141 and its accompanying
explanatory statement, the Committees on Appropriations of the
House and Senate look forward to receiving and reviewing a
comprehensive Visitor Experience plan, which will provide the
basis for appropriation of further project funding and ensure
taxpayer dollars are being spent wisely.
Ultimately this project has the potential to transform
the way in which the collection and story of the world's
largest library is shared with millions of people for decades
to come. The conferees applaud the forward thinking vision of
the Visitor Experience concept and look forward to continuing
Congress' partnership with the Library of Congress to make this
concept a reality.
Preservation: The Library utilizes multiple preservation
strategies to extend the life of its vast collections for
future generations to enjoy, including building and operating
climate-controlled storage facilities, preparing new
acquisitions for commercial binding and shelving,
deacidification, and digital reformatting. The conferees
support the Library's preservation efforts and direct the
Library to continue funding for ongoing preservation activities
at not less than the current level for each ongoing
preservation strategy.
National Film and Sound Recording Preservation Programs:
As noted in the Senate Report 115-274, the conferees expect
that the Library will provide support to these programs.
COPYRIGHT OFFICE
SALARIES AND EXPENSES
The agreement includes $43,589,000 in direct
appropriations to the Copyright Office which fully funds the
agency's amended request. An additional $45,490,000 is made
available from receipts for salaries and expenses and
$4,328,000 is available from prior year unobligated balances,
for a total of $93,407,000.
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES
The agreement includes $125,688,000 for salaries and
expenses.
Technology Assessment Study: The Committees have heard
testimony on, and received dozens of requests advocating for
restoring funding to the Office of Technology Assessment, and
more generally on how Congress equips itself with the deep
technical advice necessary to understand and tackle the growing
number of science and technology policy challenges facing our
country. The conferees direct the Congressional Research
Service (CRS) to engage with the National Academy of Public
Administration or a similar external entity to produce a report
detailing the current resources available to Members of
Congress within the Legislative Branch regarding science and
technology policy, including the GAO. This study should also
assess the potential need within the Legislative Branch to
create a separate entity charged with the mission of providing
nonpartisan advice on issues of science and technology.
Furthermore, the study should also address if the creation of
such entity duplicates services already available to Members of
Congress. CRS should work with the Committees in developing the
parameters of the study and once complete, the study should be
made available to relevant oversight Committees.
BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED
SALARIES AND EXPENSES
The agreement includes $52,783,000 for salaries and
expenses.
ADMINISTRATIVE PROVISION
The agreement includes a provision regarding reimbursable
and revolving funds.
Government Publishing Office
CONGRESSIONAL PUBLISHING
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $79,000,000 for authorized
publishing, printing and binding for the Congress.
National Library Services: The conferees are encouraged
with the progress to-date on the relocation of the Library of
Congress's (LOC) National Library Services division to a
location within Government Publishing Office (GPO) owned office
space. The conferees have provided the Architect of the Capitol
$2,000,000 for design and initial construction. GPO is directed
to help facilitate this move which the conferees believe is
beneficial for both GPO and LOC.
Budget Justifications: GPO routinely utilizes carryover
balances from previous fiscal years to complete major
initiatives and other services required by Congress. While the
conferees support this efficient use of funds for these
efforts, the conferees direct GPO to include such planned
spending for future fiscal years in its agency budget
justifications. This will ensure that all future project and
other spending planning by GPO will be transparent and
justified to the Congress.
PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT OF DOCUMENTS
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $32,000,000.
GOVERNMENT PUBLISHING OFFICE
BUSINESS OPERATIONS REVOLVING FUND
The agreement includes $6,000,000.
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES AND EXPENSES
The agreement includes $589,749,653 in direct
appropriations for salaries and expenses of the Government
Accountability Office (GAO). In addition, $35,900,000 is
available from offsetting collections, for a total of
$625,649,653.
This level of funding will enable GAO to hire an
additional 50 FTE compared to both the fiscal year 2018 funding
level and the request level. Added to GAO's ongoing hiring
plan, total staffing levels will increase by 130 FTE compared
to the fiscal year 2018 level.
Technology Assessment: There is general support in
Congress to bolster capacity of and enhance access to quality,
independent science and technological expertise. Since 2002,
GAO has provided direct support to Congress in the area of
technology assessment through objective, rigorous, and timely
assessments of emerging science and technologies. The Center
for Science, Technology, and Engineering (CSTE) within GAO has
developed such a capacity, providing wide-ranging technical
expertise across all of GAO's areas of work. However, because
the scope of technological complexities continues to grow
significantly, the conferees seek opportunities to expand
technology assessment capacity within the Legislative Branch.
The conferees encourage GAO to reorganize its technology
and science function by creating a new more prominent office
within GAO. GAO is directed to provide the Committees a
detailed plan and timeline describing how this new office can
expand and enhance GAO's capabilities in scientific and
technological assessments. This plan should be developed in
consultation with internal stakeholders of the Legislative
Branch such as congressional staff and Members of Congress in
addition to external stakeholders, including nonprofit
organizations and subject matter experts knowledgeable in the
field of emerging and current technologies. Further, such a
plan should include a description of the revised organizational
structure within GAO, provide potential cost estimates as
necessary, and analyze the following issues: the appropriate
scope of work and depth of analysis; the optimum size and staff
skillset needed to fulfill its mission; the opportunity and
utility of shared efficiencies within GAO; and the
opportunities to increase GAO's engagement and support with
Congress. GAO is directed to submit this report to the
Committees within 180 days of enactment.
USCP Mandatory Retirement Age: The conferees direct the
Government Accountability Office to provide a written report to
the Committees within one year of enactment on the feasibility
and impact of permanently raising the USCP sworn employee
mandatory retirement age from 57 years of age to 60 years of
age. The report should address the young and vigorous law
enforcement standard; the potential impact to benefits afforded
to USCP sworn employees under the Capitol Police Retirement
Act, the Social Security benefit, the Federal Employees
Retirement System benefit, and the Thrift Savings Plan annuity;
the long-term financial impact on the USCP if enacted; and
provide benchmark data against other Federal law enforcement
agencies to ensure Federal law enforcement parity for the USCP
will not be impacted should the mandatory retirement age be
raised to 60 years of age. In addition, in consultation with
the Office of Personnel Management, the Government
Accountability Office should provide amendment language to the
Capitol Police Retirement Act for such a change to be made and
validate that the ``young and vigorous'' basis of CPRA
mandatory age retirement requirements is acceptable for the
entire federal workforce given present-day health and wellness
standards.
Open World Leadership Center Trust Fund
The agreement includes $5,600,000.
Mission: The conferees applaud the Open World Leadership
Center (OWLC) as it enters its twentieth year of operation. The
highlight of OWLC's accomplishments has been the engagement of
program participants with United States Government officials,
including Members of Congress, which helps to improve the image
of the United States in countries where leaders have limited
direct interface with Americans and our values.
The political landscape around the world is constantly
shifting, and Congress's needs for dialogue with leaders around
the world who shape America's image in their own countries is
increasing. The conferees look forward to the OWLC being a
continued and potentially growing resource for the initiation
and ongoing means of dialogue with emerging legislatures and/or
countries undergoing governmental transition. The conferees
direct OWLC to collaborate with its current Board of Directors
as well as Congressional stakeholders to present a report
outlining potential ways in which OWLC can meet its mission in
an evolving world.
John C. Stennis Center for Public Service Training and Development
The agreement includes $430,000.
TITLE II--GENERAL PROVISIONS
The agreement continues provisions related to maintenance
and care of private vehicles; fiscal year limitations; rates of
compensation and designation; consulting services; costs of the
LBFMC; limitation on transfers; guided tours of the Capitol;
and includes provisions related to limitation on
telecommunications equipment procurement; prohibition on
certain operational expenses; plastic waste reduction; agency
cost of living adjustments; and adjustments to compensation.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DIVISION C--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
The following is an explanation of the effects of
Division C, which makes appropriations for Military
Construction, Veterans Affairs, and Related Agencies for fiscal
year 2019. Unless otherwise noted, reference to the House and
Senate reports are to House Report 115-673 and Senate Report
115-269. The language set forth in House Report 115-673 and
Senate Report 115-269 should be complied with and carry the
same emphasis as the language included in the joint explanatory
statement, unless specifically addressed to the contrary in
this joint explanatory statement. While repeating some report
language for emphasis, this joint explanatory statement does
not intend to negate the language referred to above unless
expressly provided herein. In cases in which the House or the
Senate has directed the submission of a report, such report is
to be submitted to both Houses of Congress. House or Senate
reporting requirements with deadlines prior to, or within 15
days after enactment of this Act shall be submitted no later
than 60 days after enactment of this Act. All other reporting
deadlines not specifically directed by this joint explanatory
statement are to be met.
TITLE I
DEPARTMENT OF DEFENSE
Bid Savings.--Cost variation notices required by 10
U.S.C. 2853 continue to demonstrate the Department of Defense
(DOD) continues to have bid savings on previously appropriated
military construction projects. Therefore, the conference
agreement includes rescissions to the Air Force, Army National
Guard, Homeowners Assistance Program, the NATO Security
Investment Program and Navy and Marine Corps Family Housing
accounts. The Secretary of Defense is directed to continue to
submit 1002 reports on military construction bid savings at the
end of each fiscal quarter to the Committees.
Incremental Funding.--In general, the conferees support
full funding for military construction projects if they are
executable. However, it continues to be the practice of the
Committees to provide incremental funding for certain large
projects to enable the services to more efficiently allocate
military construction dollars among projects that can be
executed in the year of appropriation. Therefore, the
conference agreement includes 9 projects that have been
incrementally funded, however the full authorization of the
projects will be provided in the National Defense Authorization
Act for Fiscal Year 2019.
Facilities Sustainment, Restoration and Modernization
(FSRM).--The Department of Defense is directed to continue
describing on form 1390 the backlog of FSRM requirements at
installations with future construction projects. For troop
housing requests, form 1391 should describe any FSRM conducted
in the past two years. Likewise, future requirements for
unaccompanied housing at the corresponding installation should
be included. Additionally, the forms should include English
equivalent measurements for projects presented in metric
measurement. Rules for funding repairs of facilities under the
Operation and Maintenance accounts are described below:
(1) components of the facility may be repaired by
replacement. Such replacement can be up to current
standards or codes;
(2) interior arrangements and restorations may be
included as repair;
(3) additions, new facilities, and functional
conversions must be performed as military construction
projects. Such projects may be done concurrently with
repair projects as long as the final conjunctively
funded project is a complete and usable facility; and
(4) the appropriate service secretary shall notify
the appropriate committees 21 days prior to carrying
out any repair project with an estimated cost in excess
of $7,500,000. The Committees strongly encourage the
services and defense agencies to indicate the plant
replacement value of the facility to be repaired on
each such notification.
Enhancing force protection and security on military
installations.--In collaboration with the House Armed Services
Committee, the conference agreement includes section 132 which
provides $50,000,000 to each of the military construction
accounts for Navy and Marine Corps and the Air Force to help
alleviate deficiencies in access control points, air traffic
control towers, fire stations, and AT/FP deficiencies across
the enterprise. There has been much concern on both sides of
the aisle that these types of military construction projects
continually fall short of securing funding in a fiscal year due
to higher priorities within the Services. Each Service
Secretary is directed to submit a spend plan for the additional
funds no later than 30 days after enactment of this Act to the
congressional defense committees.
Cell Site Simulators.--The conferees are concerned with
the potential threat of cell site simulators located near DOD
facilities. Therefore, the conferees direct the Secretary of
Defense to submit to the congressional defense committees
within 180 days of enactment of this Act a full accounting of
cell site simulators detected near DOD facilities during the
three year period ending on the date of enactment of this Act.
The report should also include the actions taken by the
Secretary to protect personnel of the Department, their
families, and facilities of the Department from foreign powers
using such technology to conduct surveillance.
U.S. Army Corps of Engineers restructuring (USACE).--On
July 30, 2018, the Secretary of Defense approved a Secretary of
the Army memorandum identifying specific actions the Army will
take in support of the Administration's proposed reorganization
of USACE's Civil Works Program. The reorganization includes
taking the Civil Works program out of the Army Corps of
Engineers with navigation going to the Department of
Transportation for infrastructure grants and the remaining
accounts to the Department of Interior.
The conferees are perplexed as to why there was no
notification or discussion with Members of Congress and
Committees staffs on an action of this magnitude that crosses
multiple subcommittees' jurisdiction. This type of proposal, as
the Department is well aware, will require legislative language
which has not been proposed or requested to date. The conferees
are opposed to the reorganization as it could ultimately have
impacts for implementation of the Military Construction, BRAC
and Family Housing programs.
Military Construction, Army
The conference agreement provides $1,021,768,000 for
Military Construction, Army. Within this amount, the agreement
provides $110,068,000 for study, planning, design, architect
and engineer services, and host nation support. The agreement
also provides an additional $10,000,000 above the request to
supplement unspecified minor military construction.
Sunflower Army Ammunition Plant.--Consistent with the
direction in the Senate Report 115-269, the conferees direct
the Army to continue its remediation and evaluations at the
former Sunflower Army Ammunition Plant, comply with applicable
regulations and permit requirements, and work with regulatory
agencies to ensure all response sites are remediated to
applicable and approved standards. The Army should continue to
communicate with Sunflower Redevelopment, LLC and conduct
regular stakeholder meetings and monthly conference calls to
address questions or issues related to cleanup and
redevelopment.
Badger Army Ammunition Plant.--Consistent with the
direction in the Senate Report 115-269, the conferees direct
the Army to continue to test, using both aggregate and
chemical-specific methods, for emerging contaminants subject to
an EPA Health Advisory Level at the former Badger Army
Ammunition Plant, in nearby surface waters, and in drinking
water in affected surrounding communities. The Army is directed
to provide to local stakeholders the results of that testing
and, if testing results show threats to human health, a plan to
remediate the contamination, including dedicated funding
resources, schedule, and specific actions.
Conveyance of property.--The conferees note that the Army
is proposing to convey 17.1 acres of land known as Shenandoah
Square and the 126 existing housing units to raise capital to
improve other military housing owned by private entities. Under
the proposed action, the existing 126 housing units would be
demolished to allow for the construction of high-density
residential housing. The residents have expressed concern about
the displacement from Shenandoah Square as it is in one of the
most expensive housing markets in the country and the
uncertainty about the affordability of new potential housing on
the site. Therefore, the conferees urge the Department of the
Army to explore all possible alternatives to a conveyance of
Shenandoah Square, including a sublease of the property to an
entity that can better develop affordable housing on the
property.
Military Construction, Navy and Marine Corps
The conference agreement provides $2,118,619,000 for
Military Construction, Navy and Marine Corps. Within this
amount, the conference agreement provides $185,542,000 for
study, planning, design, architect and engineer services.
Military Construction, Air Force
The conference agreement provides $1,440,323,000 for
Military Construction, Air Force. Within this amount, the
conference agreement provides $206,577,000 for study, planning,
design, architect and engineer services.
Little Rock Air Force Base.--As described in the Senate
report 115-269, the conferees direct the Secretary of the Air
Force to submit a report coordinated with the Army Corps of
Engineers no later than 90 days after enactment of this Act
providing the status on the cancelled runway project at Little
Rock AFB and the replacement project, including what happened
to the funding used for the original contract, a justification
for the increase in cost for the new project, if any of the
completed work from the cancelled project is salvageable, how
the Air Force is resolving the issues that led to contract
termination and ensuring, to the extent possible, that they are
not repeated in follow-on contracts, and how and when a future
project will be funded. Additionally, the conferees direct the
Air Force to appoint a senior official who shall be responsible
for the project and will provide quarterly project updates to
the congressional defense committees.
Air Force Weapons Storage Facility Reprogramming.--On
July 9, 2018, the Department of Defense sent the Committees a
reprogramming request that included source funds from a
cancelled prior year project, which the conferees had each
rescinded in their respective bills. The conferees recognize
the importance of the Weapons Storage Facility (WSF)
modernization program, but are concerned that the Department
has potentially developed improper and unnecessary requirements
that are leading to execution delays and cost overruns against
an already strained military construction budget. This has
resulted in schedule delays to follow on projects, which also
may experience similar challenges unless corrective action is
taken. The conferees encourage the Department to sufficiently
solicit and incorporate input from all stakeholders in
developing requirements, to include the Air Force Strategic
Deterrence and Nuclear Integration directorate, and further
encourage the Air Force to incorporate lessons learned from
prior Navy WSF modernization efforts. The conferees direct the
Department to provide quarterly briefings to update the
Committees on status, requirements changes, and timeline
updates for current and future projects associated with the WSF
modernization program. The conferees urge the Department to
expeditiously seek alternative funding sources for the current
reprogramming from unobligated balances or bid savings to avoid
further execution delays.
Military Construction, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $2,550,728,000 for
Military Construction, Defense-Wide. Within this amount, the
conference agreement provides $192,345,000 for study, planning,
design, architect and engineer services.
Parking issues at DOD facilities.--The conferees are
concerned that Military Construction budget constraints are
negatively affecting the ability of the Department of Defense
to address urgent parking requirements at certain U.S. military
installations. The lack of parking is a safety issue and a
detriment to the well-being of employees, both civilian and
military. The conferees are concerned that the Department does
not have a coherent strategy to address the growing parking
requirements at installations that have seen significant
growth. For example, Fort Meade, which already was home to the
National Security Agency, became the headquarters of the newly
formed U.S. Cyber Command in 2010. By 2011, the Defense
Information Systems Agency, which handles the Pentagon's IT and
communications needs, had moved onto the base. In 2005, the
base had just over 33,500 employees. Today, it has about
57,000, more than double the number of workers at the Pentagon.
As a result of this growth, parking at Fort Meade has become a
serious issue. Therefore, the conferees direct the Secretary of
Defense to submit to the Committees with the fiscal year 2020
military construction budget request: an updated list of
unfunded requirements for parking facilities, access control
points, and road construction at DOD facilities that have
serious parking, access, and road congestion issues. Finally,
the Secretary is further directed to submit, with the fiscal
year 2020 military construction budget request, a list of how
those requirements will be incorporated into their construction
requests for fiscal years 2021 through 2025.
MIT/Lincoln Labs.--The conferees have incrementally
funded the Air Force MIT/Lincoln Lab project commensurate with
the outlay rate of funds for fiscal year 2019 as reflected in
budget documents. While the conference agreement does not
provide full funding for this project, the conferees strongly
support MIT/Lincoln Labs mission and its completion. The
conferees fully expect the Air Force to continue to prioritize
funding for this project in executable increments.
Energy Resilience and Conservation Investment Program
(ERCIP).--The conference agreement provides $193,390,000 for
ERCIP, an increase of $43,390,000 over the budget request to
fund the top six unfunded requirements of the program for
energy resilience. Also, an additional $5,000,000 is provided
under the Defense-Wide planning and design account specifically
for ERCIP. The Secretary of Defense is directed to submit to
the congressional defense committees a spend plan for the
additional ERCIP funds, to include the planning and design
funds, no later than 30 days after enactment of this Act.
Military Construction, Army National Guard
The conference agreement provides $190,122,000 for
Military Construction, Army National Guard. Within this amount,
the conference agreement provides $16,622,000 for study,
planning, design, architect and engineer services. The
conference agreement also provides an additional $10,000,000
above the budget request to supplement unspecified minor
military construction.
Military Construction, Air National Guard
The conference agreement provides $129,126,000 for
Military Construction, Air National Guard. Within this amount,
the conference agreement provides $18,500,000 for study,
planning, design, architect and engineer services.
Military Construction, Army Reserve
The conference agreement provides $64,919,000 for
Military Construction, Army Reserve. Within this amount, the
conference agreement provides $5,855,000 for study, planning,
design, architect and engineer services.
Military Construction, Navy Reserve
The conference agreement provides $43,065,000 for
Military Construction, Navy Reserve. Within this amount, the
conference agreement provides $4,695,000 for study, planning,
design, architect and engineer services.
Military Construction, Air Force Reserve
The conference agreement provides $38,063,000 for
Military Construction, Air Force Reserve. Within this amount,
the conference agreement provides $4,055,000 for study,
planning, design, architect and engineer services.
North Atlantic Treaty Organization Security Investment Program
The conference agreement provides $171,064,000 for the
North Atlantic Treaty Organization Security Investment Program.
Department of Defense Base Closure Account
The conference agreement provides $342,000,000 for the
Department of Defense Base Closure Account, an increase of
$74,462,000 above the request. The additional funding is for
the Department to accelerate environmental remediation at
installations closed under previous Base Realignment and
Closure rounds.
Navy Clean Up Cost.--The conference report provides an
additional $60,462,000 for the Navy to accelerate environmental
remediation at installations closed under previous Base Closure
and Realignment rounds. Furthermore, the Navy shall provide to
the Committees a spend plan for these additional funds no later
than 30 days after enactment of this Act.
Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic
Acid (PFOA).--The conference report provides $14,000,000 in
additional funds for identification, mitigation, and clean-up
costs across the Department of Defense for PFOS and PFOA. DOD
is directed to submit a spend plan for these additional funds
to the Committees no later than 30 days after enactment of this
Act.
Demolition of Previous BRAC Facilities.--The conferees
are concerned that the Department of Defense does not have an
adequate plan for demolishing previous BRAC sites. For example,
the Ontario International Airport was the Ontario Air National
Guard Station that was established in 1949. This facility
remained in operation for decades, assisting training and
support for the Korean, Vietnam, and countless other wars and
conflicts. In 1997, the facility was closed, yet the old site
has sat largely unchanged for 20 years due to the environmental
hazards of demolition. The conferees urge the Department to
dedicate funds to demolish BRAC facilities and turn the land
over to the local community as quickly as possible.
DEPARTMENT OF DEFENSE
Family Housing
ITEM OF INTEREST
Military family housing units.--The conferees are
concerned for the well-being of servicemembers and their
families residing in on-post military housing with regard to
their exposure to toxic levels of lead based paint. It has been
reported that installations around the country possess housing
units that contain lead based paint levels exceeding the
federal threshold for acceptable levels and could have grave
implications on servicemembers and their families' health. In
addition, the conferees are interested in what steps the
Department is taking for oversight of DOD privatized family
housing. Therefore, the conferees direct the DOD Inspector
General to conduct an investigation and submit a report to the
congressional defense committees on toxic lead levels at
military housing on all installations no later than 90 days
after the enactment of this Act.
Family Housing Construction, Army
The conference agreement provides $330,660,000 for Family
Housing Construction, Army.
Family Housing Operation and Maintenance, Army
The conference agreement provides $376,509,000 for Family
Housing Operation and Maintenance, Army.
Family Housing Construction, Navy and Marine Corps
The conference agreement provides $104,581,000 for Family
Housing Construction, Navy and Marine Corps.
Family Housing Operation and Maintenance, Navy and Marine Corps
The conference agreement provides $314,536,000 for Family
Housing Operation and Maintenance, Navy and Marine Corps.
Family Housing Construction, Air Force
The conference agreement provides $78,446,000 for Family
Housing Construction, Air Force.
Family Housing Operation and Maintenance, Air Force
The conference agreement provides $317,274,000 for Family
Housing Operation and Maintenance, Air Force.
Family Housing Operation and Maintenance, Defense-Wide
The conference agreement provides $58,373,000 for Family
Housing Operation and Maintenance, Defense-Wide.
DEPARTMENT OF DEFENSE
Family Housing Improvement Fund
The conference agreement provides $1,653,000 for the
Department of Defense Family Housing Improvement Fund.
DEPARTMENT OF DEFENSE
Military Unaccompanied Housing Improvement Fund
The conference agreement provides $600,000 for the
Department of Defense Military Unaccompanied Housing
Improvement Fund.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The conference agreement includes section 101 limiting
the use of funds under a cost-plus-a-fixed-fee contract.
The conference agreement includes section 102 allowing
the use of construction funds in this title for hire of
passenger motor vehicles.
The conference agreement includes section 103 allowing
the use of construction funds in this title for advances to the
Federal Highway Administration for the construction of access
roads.
The conference agreement includes section 104 prohibiting
construction of new bases in the United States without a
specific appropriation.
The conference agreement includes section 105 limiting
the use of funds for the purchase of land or land easements
that exceed 100 percent of the value.
The conference agreement includes section 106 prohibiting
the use of funds, except funds appropriated in this title for
that purpose, for family housing.
The conference agreement includes section 107 limiting
the use of minor construction funds to transfer or relocate
activities.
The conference agreement includes section 108 prohibiting
the procurement of steel unless American producers,
fabricators, and manufacturers have been allowed to compete.
The conference agreement includes section 109 prohibiting
the use of construction or family housing funds to pay real
property taxes in any foreign nation.
The conference agreement includes section 110 prohibiting
the use of funds to initiate a new installation overseas
without prior notification.
The conference agreement includes section 111
establishing a preference for American architectural and
engineering services for overseas projects.
The conference agreement includes section 112
establishing a preference for American contractors in United
States territories and possessions in the Pacific and on
Kwajalein Atoll and in countries bordering the Arabian Gulf.
The conference agreement includes section 113 requiring
congressional notification of military exercises when
construction costs exceed $100,000.
The conference agreement includes section 114 allowing
funds appropriated in prior years for new projects authorized
during the current session of Congress.
The conference agreement includes section 115 allowing
the use of expired or lapsed funds to pay the cost of
supervision for any project being completed with lapsed funds.
The conference agreement includes section 116 allowing
military construction funds to be available for five years.
The conference agreement includes section 117 allowing
the transfer of funds from Family Housing Construction accounts
to the Family Housing Improvement Program.
The conference agreement includes section 118 allowing
transfers to the Homeowners Assistance Fund.
The conference agreement includes section 119 limiting
the source of operation and maintenance funds for flag and
general officer quarters and allowing for notification by
electronic medium. The provision also requires an annual report
on the expenditures of each quarters.
The conference agreement includes section 120 extending
the availability of funds in the Ford Island Improvement
Account.
The conference agreement includes section 121 allowing
the transfer of expired funds to the Foreign Currency
Fluctuations, Construction, Defense account.
The conference agreement includes section 122 restricting
the obligation of funds for relocating an Army unit that
performs a testing mission.
The conference agreement includes section 123 allowing
for the reprogramming of construction funds among projects and
activities subject to certain criteria.
The conference agreement includes section 124 prohibiting
the obligation or expenditure of funds provided to the
Department of Defense for military construction for projects at
Arlington National Cemetery.
The conference agreement includes section 125 providing
additional construction funds for various Military Construction
accounts.
The conference agreement includes section 126 rescinding
funds from prior Appropriation Acts from various accounts.
The conference agreement includes section 127 defining
the congressional defense committees.
The conference agreement includes section 128 prohibiting
the use of funds in this Act to close or realign Naval Station
Guantanamo Bay, Cuba. The provision is intended to prevent the
closure or realignment of the installation out of the
possession of the United States, and maintain the Naval
Station's long-standing regional security and migrant
operations missions.
The conference agreement includes section 129 restricting
funds in the Act to be used to consolidate or relocate any
element of Air Force Rapid Engineer Deployable Heavy
Operational Repair Squadron Engineer until certain conditions
are met.
The conference agreement includes section 130 providing
additional funds for land acquisition and Defense Access Roads
for Arlington Cemetery.
The conference agreement includes section 131 directing
all amounts appropriated to ``Military Construction, Army'',
``Military Construction, Navy and Marine Corps'', ``Military
Construction, Air Force'', and ``Military Construction,
Defense-Wide'' accounts be immediately available and allotted
for the full scope of authorized projects.
The conference agreement includes section 132 providing
additional funds for anti-terrorism and force protection at
military installations.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $109,017,152,000 for
Compensation and Pensions in advance for fiscal year 2020. Of
the amount provided, not more than $18,047,000 is to be
transferred to General Operating Expenses, Veterans Benefits
Administration (VBA) and Information Technology Systems for
reimbursement of necessary expenses in implementing provisions
of title 38. The conference agreement also provides
$2,994,366,000 for fiscal year 2019 in addition to the advance
appropriation provided last year.
READJUSTMENT BENEFITS
The conference agreement provides $14,065,282,000 for
Readjustment Benefits in advance for fiscal year 2020.
VETERANS INSURANCE AND INDEMNITIES
The conference agreement provides $111,340,000 for
Veterans Insurance and Indemnities in advance for fiscal year
2020.
VETERANS HOUSING BENEFIT PROGRAM FUND
The conference agreement provides such sums as may be
necessary for costs associated with direct and guaranteed loans
for the Veterans Housing Benefit Program Fund. The conference
agreement limits obligations for direct loans to not more than
$500,000 and provides that $200,612,000 shall be available for
administrative expenses.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
The conference agreement provides $39,000 for the cost of
direct loans from the Vocational Rehabilitation Loans Program
Account, plus $396,000 to be paid to the appropriation for
General Operating Expenses, Veterans Benefits Administration.
The conference agreement provides for a direct loan limitation
of $2,037,000.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
The conference agreement provides $1,163,000 for
administrative expenses of the Native American Veteran Housing
Loan Program Account.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION
The conference agreement provides $2,956,316,000 for
General Operating Expenses, Veterans Benefits Administration
and, of the amount provided, not to exceed 10 percent is
available for obligation until September 30, 2020. The
conference agreement provides $87,407,000 above the request to
manage disability claims and appeals backlogs and the intent of
the conference agreement is that these additional funds be used
for the Veterans Claims Intake Program; additional claims and
appellate staff; increased staff for the Vocational
Rehabilitation and Employment program; and overtime payments,
as necessary.
Claims prioritization.--As indicated in the House report,
VA is urged to prioritize the most vulnerable veterans, such as
those who are elderly or in poor health, for initial claims
processing and claims appeals.
Medical disability exams.--As described in the Senate
report, VA is directed to ensure that any non-VA physician
contracted to conduct medical disability examinations have a
current unrestricted license to practice as a physician, and is
not barred from practicing in any State, the District of
Columbia, or a Commonwealth, Territory, or possession of the
United States.
Equitable relief.--As described in the House report, the
Secretary is directed to continue to grant or extend equitable
relief to eligible veterans initially deemed eligible in
instances of administrative error.
VETERANS HEALTH ADMINISTRATION
Medical Services
The conference agreement provides $51,411,165,000 in
advance for fiscal year 2020 for Medical Services and makes
$1,500,000,000 of the advance available through fiscal year
2021. The conference agreement also provides $750,000,000 for
fiscal year 2019 in addition to the advance appropriation
provided last year and includes bill language requiring the
Secretary to ensure that sufficient amounts are available for
the acquisition of prosthetics designed specifically for female
veterans.
Opioid abuse.--The conference agreement provides
$348,000,000 for opioid treatment and prevention programs and
$52,025,000 to continue to implement opioid safety initiatives
outlined as part of the Comprehensive Addiction and Recovery
Act, as well as to develop programs aimed at ensuring that non-
VA providers treating veterans through community care programs
are informed and in compliance with all VA standards for opioid
safety and prescription guidelines. The conference agreement
also includes $270,000,000 for the Office of Rural Health's
Rural Health Initiative, which funds several pilot projects
aimed at treating and preventing opioid abuse, including
projects focused on alternatives to opioid-centered pain
management in rural, highly rural, and remote areas; and
$54,337,000 for the Justice Outreach Homeless Prevention
program within the VA's Veterans Homelessness Programs which
among other things ensures that veterans encountered by police,
in jails or courts, have timely access to substance abuse
treatment or prevention programs and services.
The conferees direct VA to ensure that all clinicians,
including pharmacists, receive guidance on assessing the risks
and benefits of critical drug interactions with opioids when a
pharmacist overrides such interaction under section 913 of
Public Law 114-98. The conferees urge VA to ensure that all VA
providers who prescribe opioids consistently use the Opioid
Therapy Risk Report tool under the Opioid Safety Initiative,
including prior to initiating opioid therapy, to ensure safe
prescribing, and to help prevent diversion, abuse, and double-
prescribing. Moreover, VA should further improve the timeliness
of data available in the tool to allow real-time access to data
on a patient who was prescribed opioid therapy by another
facility, in another State, or by mail order to prevent
overprescribing and abuse potential. As noted in the House
report, VA is urged to assist the two States that have not
installed the technology to exchange data from their State
prescription drug monitoring boards with VA. The conferees urge
robust implementation of VA's plan to expand the scope of
research, education, delivery, and integration of Complementary
and Integrative Health into the health care services. In
addition, the conferees urge VA to prioritize continued
implementation of the reforms made to the patient advocacy
program as required by the Jason Simcakoski Memorial and
Promise Act (Title IX, Public Law 114-98). Furthermore, VA is
urged to implement recent GAO recommendations to improve
oversight of the controlled substance inspection program and to
document its progress; as well as Office of the Inspector
General recommendations, including ensuring that community care
providers review the safe opioid prescribing guidelines and
Opioid Safety Initiative protocols and implementing a process
to provide community care providers a complete up-to-date list
of medications and medical history of the veteran during non-VA
care consults. The conferees also direct the Department to
create an opioid abuse healthcare kit for community healthcare
providers and ensure completion of a continuing medication
course in pain management by providers at VA health facilities.
Lastly, all directives contained in House Report 115-673 and
Senate Report 115-269 not specifically addressed above shall be
complied with.
Mental health.--The conference agreement provides
$8,618,628,000 for mental health programs and includes
$206,128,000 for suicide prevention outreach, an increase of
$16,128,000 above the request. To best meet the needs of
veterans seeking assistance, the conferees instruct the
Secretary to make any necessary improvements to Veterans Crisis
Line (VCL) operations including, but not limited to, ensuring
appropriate staffing for call centers and back-up centers,
providing necessary training for VCL staff, and ensuring that
staff are able to appropriately and effectively respond to the
needs of veterans needing assistance. The conferees also direct
the Secretary to provide the Committees on Appropriations of
both Houses of Congress a report, no later than 90 days after
enactment of this Act, which contains an update detailing
findings on the outcomes and efficacy of the VCL from the
Veterans Crisis Line Study Act of 2017. In addition, the
conferees urge VA to increase support for primary care-mental
health integration and recovery models, expand telemental
health services, build on success of evidence-based
psychotherapy initiatives, and guide treatment decisions by
measuring the outcomes of interventions.
National Center for Post-Traumatic Stress Disorder.--The
conference agreement provides $40,000,000 for the National
Center for Post-Traumatic Stress Disorder (NCPTSD). The
conferees direct the Department to submit to the Committees on
Appropriations of both Houses of Congress, no later than 90
days after enactment of this Act, an assessment of the
additional full time staff needed to carry out the priorities
of the NCPTSD, as described in the congressional budget
justification, as well as a hiring plan, and a plan for
ensuring that all community care mental health providers
receive information about NCPTSD and its consultation program.
Inpatient substance abuse.--As indicated in the House
report, VA is urged to focus on reducing the burdensome wait
times for veterans seeking inpatient substance abuse treatment.
Non-citizen veteran outreach.--As stated in the House
report, VA is urged to conduct more aggressive outreach to at-
risk, non-citizen veterans to offer mental health counseling
and other early intervention drug and alcohol services.
Licensed professional mental health counselors and
marriage and family therapists.--As stated in the Senate
report, VA is directed to work with the Office of Personnel
Management to create an Occupational Series for Licensed
Professional Mental Health Counselors and Marriage and Family
Therapists and to create a staffing plan to fill such open
positions and assess shortages.
Homeless assistance programs.--The conference agreement
provides $1,818,534,000 for homeless assistance programs, which
includes $380,000,000 for the homeless supportive services for
low income veterans and families, a level which is $60,000,000
above the request. Additionally, the agreement includes
$54,337,000 for Justice Outreach Homeless Prevention Program,
$5,000,000 above the request. The conferees expect the
Department to dedicate funding for VA's Homeless Assistance
Programs consistent with the increases described in this
agreement and with Congressional Justifications which were
transmitted with the fiscal year 2019 budget request and not to
divert the resources to other areas. The conferees direct that
notification should be provided to the Committees of any
reprogramming of funding provided for Homeless Assistance
Programs. Lastly, all directives contained in House Report 115-
673 and Senate Report 115-269 not specifically addressed above
shall be complied with.
Veteran Homelessness in the Greater Los Angeles Region.--
As indicated in the Senate report, VA is directed to provide a
report outlining the cost and feasibility of contracting with
local community-based agencies and non-profit organizations to
provide additional case management services in regions where
the Department does not meet the recommended 25:1 case
management staffing ratio.
Construction assistance for nonprofit organizations.--As
described in the House report, VA is urged to assess the
possibility of assisting nonprofit organizations with capital
costs related to the construction of new housing units for
homeless veterans on non-VA property, particularly those
utilizing Department of Housing and Urban Development-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers.
Rural healthcare.--The conference agreement provides
$270,000,000 for the Office of Rural Health (ORH) and the Rural
Health Initiative, which is $20,000,000 above the President's
request, and VA is encouraged to use some of these additional
funds to increase the number of Rural Health Resource Centers
as a means of increasing access to care for veterans in rural
areas. In addition, VA is encouraged to expand evidence-based
home-based primary care programs to additional American Indian
reservations and other rural areas. Increased access also
requires a sufficient number of healthcare providers and the
conferees are concerned about the ability of VA to adequately
recruit and retain sufficient numbers of these providers in
rural areas. As such, VA is urged to adopt the recommendations
in GAO report GAO-18-124 and encouraged to consider the
expanded use of doctors of osteopathic medicine, physician
assistants, and nurse practitioners to help address any rural
health provider gap. Any such gap may be further mitigated
through the use of telehealth for medical services. As
indicated in the Senate report, the Secretary is directed to
sustain continuity of care for rural veterans through provider
agreements, based on previous models such as the Access
Received Closer to Home program, to ensure veterans do not
experience a lapse in existing healthcare access during the
transition to the new community care program and any resulting
integrated networks. Also, as indicated in the Senate report,
the conference agreement directs no less than $4,000,000 to
continue a pilot program to train veterans in agricultural
vocations, while also tending to behavioral and mental health
needs with behavioral healthcare services and treatments from
licensed providers at no fewer than three locations. To further
support veterans in rural areas, the conferees urge the VA to
increase accessibility in rural communities to the Community
Clergy Training to Support Rural Veterans Mental Health
Initiative. The Department is also encouraged to improve
partnerships with local faith-based organizations, as well as
the Department of Defense, in conjunction with the ``Strong
Bonds'' program.
Telemedicine.--The conference agreement includes
$30,000,000 above the budget request for telehealth
capabilities and this additional funding should be used to
further expand telehealth capacity and services in rural and
remote areas. To better assess VA's efforts regarding the use
of telehealth capabilities, the conferees direct VA to provide
a report to the Committees on Appropriations of both Houses of
Congress, no later than January 31, 2019, specifying measures
the Department is taking to expand telehealth and telemental
health capabilities in rural areas, particularly regions with
limited broadband access. The report should also include
information on any ongoing collaboration between VA and other
Federal agencies to target remote and rural areas to maximize
coverage.
Readjustment counseling service.--In Public Law 115-141,
the Consolidated Appropriations Act of 2018, the Department was
provided $2,500,000 and directed to develop a program to
partner with organizations that provide outdoor experiences for
veterans as part of a continuum of care to treat combat-related
injuries. The conferees direct the Department to provide an
update on the status of this program to the Committees on
Appropriations of both Houses of Congress no later than 30 days
after enactment of this Act.
Utilization of healthcare services by veterans in the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, and the Freely Associated States.--As described in the
Senate report, VA is directed to provide to the Committees on
Appropriations of both Houses of Congress a strategic plan to
implement and improve the utilization of healthcare services
for veterans in outlying areas through piloting the expansion
of health services via telehealth or other community care
providers.
Women's health.--The conferees note that the number of
female veterans continues to increase. In response to this
growth the conference agreement provides $521,352,000,
$10,000,000 above the request, for gender-specific care and for
the continuing redesign of VA's women's healthcare delivery
system and facilities to ensure women receive equitable,
timely, and high-quality care. This includes privacy and
environment of care issues for female veterans as highlighted
in a 2016 GAO report. As described in the Senate report, VA is
directed to submit a report on retrofitting facilities to
eliminate barriers to care for women veterans to the Committees
on Appropriations and the Committees on Veterans' Affairs of
both Houses of Congress within 180 days of enactment of this
Act. The conferees also continue to urge VA to ensure the
gender-specific health needs of female veterans are met and
continue its efforts to expand access to care for female
veterans in areas such as obstetrics and gynecological care,
treatment for gender-specific conditions and diseases, and
female veteran suicide. The conferees strongly believe that in
order to ensure that female veterans needs are met VA must make
the hiring of more female healthcare professionals a top
priority. Therefore, the conferees reiterate the guidance
provided in House Report 115-673 directing VA to provide
statistics on female healthcare professionals at the
Department.
Intimate partner violence program.--As described in the
Senate report, VA is directed to fully resource the VA Intimate
Partner Violence Program at $17,000,000 in fiscal year 2019 and
include it as a program of interest with budget detail in the
justifications accompanying the fiscal year 2020 budget
submission.
Breast cancer screening guidelines.--The conferees
support the Department's effort to ensure that the breast
cancer screening guidelines are consistent with the private
sector, and the Committees will continue to monitor the
Department's implementation of its policy to offer mammograms
to female veterans starting at age 40. The Department should
closely follow ongoing debate as the scientific community
reaches a consensus on breast cancer screening and mammography
coverage to provide veterans the best care possible. The bill
language that was included in the House bill stands to ensure
VA maintains this policy through fiscal year 2024.
Rare cancers.--The conferees direct VA to assess options
for modifying the December 2017 collaboration agreement between
VA, the Department of Defense, and the National Cancer
Institute to include collaboration on rare cancers. The
conferees also encourage VA to fund research in delivering
treatments for rare cancers that take a platform-agnostic
approach to developing new therapeutics.
Colorectal cancer screening.--The conferees are dismayed
by VA's failure to comply with the direction in the fiscal year
2018 Joint Explanatory Statement to offer all seven colorectal
cancer screening strategies recommended as A-rated modalities
by the United States Preventive Services Task Force (USPTF) and
adopted by the National Committee for Quality Assurance
Healthcare Effectiveness Data and Information Set measures.
While VA endorsed six screening strategies, it declined to
endorse stool DNA screening, a widely used screening strategy.
This makes VA an outlier within the medical community and the
growth in community care will widen the gap between the
screening tools used by VA and non-VA providers. To ensure the
inclusion of this critical tool in the fight against cancer in
veterans, the conferees direct VA to endorse all seven
modalities for colorectal cancer screening.
Home dialysis.--Approximately 20,000 veterans with End
Stage Renal Disease (ESRD) receive their dialysis care from a
VA Center, either directly or via contract with a dialysis
provider. The Committee directs that the VA provide a report on
how many patients receive home dialysis via peritoneal dialysis
and home hemodialysis, if the number of patients has increased
over the past 5 years, and if the VA has set any use increase
targets for home dialysis use among its ESRD patients.
National Intrepid Center of Excellence Satellite
Strategic Basing.--As described in the Senate report, VA is
directed to study the value and merit to establishing a joint
Department of Defense/Department of Veteran Affairs National
Intrepid Center of Excellence Intrepid Spirit Center that
serves both the active duty and veteran populations for the
mutual benefit and growth in treatment and care for traumatic
brain injury. The study will be reported to the Committees on
Appropriations of both Houses of Congress no later than 180
days after enactment of this Act.
Long-term care.--The conference agreement provides
$9,024,330,000 as requested for long-term care, of which
$6,168,524,000 is for institutional care and $2,855,806,000 is
for non-institutional care.
Caregivers program.--The conferees believe that VA will
incur obligations for the caregivers program totaling at least
$865,000,000 in fiscal year 2019. Costs could be higher than
this level depending on the implementation of new requirements
in recently passed legislation. VA is directed to provide
quarterly projections and monthly expenditure reports for the
caregivers program to the Committees. If VA does not obligate
this amount of funding for caregivers based on quarterly
projections, the Department is directed to report the rationale
for the discrepancy to the Committees. No later than 90 days
after the date of enactment of this Act, the Department is
instructed to provide a report on the number of coordinators of
caregiver support services at each VA medical center, the
number of staff assigned to appeals for the program at each
medical center, and a determination by the Secretary of the
appropriate staff-to-participant ratio for the program.
Hospice care for veterans.--As noted in the House and
Senate reports, the conferees view the implementation of
hospice care protocols tailored to the unique end-of-life care
needs of combat veterans as potentially beneficial for Vietnam-
era veterans, as well as for Afghanistan, Iraq, and Syria
veterans in the future. Therefore, the conference agreement
includes $1,000,000 for the implementation of a pilot program
to develop the techniques, best practices and support
mechanisms to serve these veterans. As part of this pilot
program, VA is encouraged to engage non-profit hospice and
palliative care providers with Vietnam veteran-centric
programs. The conferees also direct VA to provide the
Committees on Appropriations of both Houses of Congress a
report, not later than 180 days after enactment of this Act, on
the status of the pilot program.
Nursing home quality ratings.--To ensure transparency and
accountability for veterans and their families in regard to
nursing home care, the conferees direct VA to publish annually
the quality of care rating assigned by the Department to each
of its nursing homes and contracted community nursing homes.
Call routing.--The conferees are concerned by reports
that veterans calling their community-based outpatient clinics
(CBOC) to make an appointment are sometimes automatically
routed to central call centers at VA medical centers with no
follow-up by the CBOCs after the initial call. As a result,
veterans may feel the need to physically visit the CBOC just to
make an appointment. This is an unreasonable burden and may
result in veterans not pursuing the care that they need. The
conferees believe that our veterans deserve timely access to
healthcare services and should be able to make their medical
appointments via telephone. Therefore, the conferees urge the
VA to ensure that VA phone systems allow veterans to call their
local CBOC directly for appointments at those facilities rather
than having their calls routed to a call center. The conferees
further direct VA to provide to the Committees on
Appropriations of both Houses of Congress a report, not later
than 90 days after enactment of this Act, which explains the
Department's guidance on call routing of the scheduling of
appointments.
Advanced practice registered nurses.--As stated in the
House report, the Secretary is urged to work with facilities
that have not yet implemented VA's final rule granting full
practice authority to advanced practice registered nurses to
ensure quick implementation.
Physician assistants.--As stated in the Senate report, VA
is directed to accelerate the rollout of competitive pay for
physician assistants and develop a plan on how to better
utilize the Health Professional Scholarship Program and
Education Debt Reduction Program.
Proposed prosthetics services regulation.--The conferees
support a veteran's right to obtain prosthetic and
rehabilitative items as medical services from the best possible
source and look forward to a rule that will not limit a
veteran's choice.
Historically Black Colleges and Universities medical
research programs.--As indicated in the House report, VA is
directed to take concrete steps to improve its ongoing
commitment to, and partnership with, minority health
professions schools.
Hispanic-Serving Institution (HSI) affiliations with VA
healthcare facilities.--As noted in the House report, the
Secretary is urged to develop a plan to expand local VA medical
facilities' participation with HSI medical schools. The
conferees direct the Department to provide a report on its
efforts not later than 30 days after enactment of this Act.
National Veterans Sports Program.--The conference
agreement provides $23,825,000 for the National Veterans Sports
Program, with $2,000,000 designated for veterans' monthly
assistance allowances; $15,000,000 for the Adaptive Sports
Grants Program (ASGP); and $6,825,000 for the support of
national veterans sports and special events programs like the
Paralympics. The funding for the ASGP is an increase of
$6,000,000 over the fiscal year 2018 level and $7,000,000 over
the request. Given the promising results reported using equine
therapy for veterans with posttraumatic stress disorder,
$1,500,000 within the ASGP total is provided for equine
therapy, an increase of $500,000 over the fiscal year 2018
level. As stated in Senate Report 115-269 the conferees request
that the Department provide a feasibility assessment for the
cost of expanding the grant program to include recreational and
lifelong sports, such as open ocean swimming, surfing,
outrigger canoeing, hunting, and fishing, as well as any legal
barriers to expansion.
Burn pits.--The conference agreement provides $5,000,000
for Veterans Health Administration clinical proposals,
developed in conjunction with research, focusing on post-
deployment health for veterans exposed to airborne hazards and
open burn pits. In addition, the Secretary is directed to
provide an assessment of the process for informing veterans
through VA and community care providers about the Airborne
Hazards and Open Burn Pit Registry and their eligibility for
registering.
Burn Pits Center of Excellence.--The conferees are aware
that VA currently runs an Airborne Hazards Center of Excellence
(AHCE) at the War Related Illness and Injury Study Center. The
AHCE was established in 2013 to provide an objective and
comprehensive assessment of veterans' cardiopulmonary function,
military and non-military exposures, and health-related
symptoms for those with airborne hazard concerns. In addition,
the AHCE conducts clinical and translational research and
actively develops and delivers new educational content to
healthcare providers, veterans and other stakeholders. In order
to better prevent, diagnose, mitigate, and treat conditions
related to exposure to burn pits, as well as to leverage
expertise in airborne hazards, the conferees have provided an
additional $5,000,000 for the Center to develop a concentration
in burn pit study and research. Furthermore, to fully recognize
the importance of this new mission and incorporate the
expansion into the Center's overarching expertise in Airborne
Hazards, the Department is directed to rename the Center to the
Airborne Hazards and Burn Pits Center of Excellence. To the
maximum extent practicable, the Department should collaborate
with the Department of Defense, institutions of higher
education, and other appropriate public and private entities
(including international entities) to carry out
responsibilities and activities of this Center of Excellence.
Additionally, the conferees direct the Department to report
back to the Committees on Appropriations no later than 120 days
after enactment of this Act progress made in establishing this
enhanced center of excellence.
Headache Centers of Excellence.--In fiscal year 2018, VA
was provided $10,000,000 in Public Law 115-141, the
Consolidated Appropriations Act of 2018, for the establishment
of Headache Centers of Excellence. The conferees direct the
Department to provide an update on the status of these Centers
to the Committees on Appropriations of both Houses of Congress
no later than 30 days after enactment of this Act.
MEDICAL COMMUNITY CARE
The conference agreement provides $10,758,399,000 in
advance fiscal year 2020 funding for Medical Community Care,
with $2,000,000,000 available until September 30, 2021.
The conference agreement provides an additional
$1,000,000,000 above the fiscal year 2019 advance appropriation
for the Medical Community Care account. This level is
$500,000,000 more than was requested by the Administration and
these funds are available for unanticipated costs in VA's
traditional community care programs, as well as for
requirements resulting from the passage of the MISSION Act. As
a result of the MISSION Act, the conferees note that as early
as May 2019 the Choice program, currently funded with direct
spending, will be streamlined and consolidated with VA's
traditional discretionary community care programs. Although the
administration indicated a significant portion of the costs
were assumed in the President's Budget request, it has not
provided a funding estimate for the consolidated program.
Ultimately, the timing of consolidation and any change in cost
is dependent on the issuance of regulations that will outline
the new program structure. As a result, the conferees direct
the Department to provide monthly reports to the Committees
identifying obligations for the Medical Community Care program
against available appropriations, as well as anticipated
funding needs based on the developing program structure.
MEDICAL SUPPORT AND COMPLIANCE
The conference agreement provides $7,239,156,000 in
advance for fiscal year 2020 for Medical Support and Compliance
and makes $100,000,000 of the advance funding available through
fiscal year 2021. The bill also includes Sec. 236, which
rescinds $211,000,000 of fiscal year 2019 funds previously
appropriated for this account.
MEDICAL FACILITIES
The conference agreement provides $6,141,880,000 in
advance for fiscal year 2020 for Medical Facilities, as well as
$90,180,000 in fiscal year 2019 funding, which is in addition
to the advance funding provided last year. Of the advance
funding, $250,000,000 is made available through fiscal year
2021.
Facility expansion.--Given the current co-location of VA
clinics on some military installations, such as at Tripler Army
Medical Center in Hawaii and Joint Base Elmendorf in Alaska,
and the likely benefits to VA of expanding this model to other
military installations, VA is directed, as described in the
House report, to complete a study on the potential benefits of
placing VA clinics on military installations located in areas
with high veteran populations and where nearby VA
infrastructure is overburdened.
MEDICAL AND PROSTHETIC RESEARCH
The conference agreement provides $779,000,000 for
Medical and Prosthetic Research, available until September 30,
2020 and includes a proviso making $27,000,000 of these funds
available through fiscal year 2023. Bill language is included
to ensure that the Secretary allocates adequate funding for
prosthetic research specifically for female veterans and for
toxic exposures.
VA/Department of Energy computing collaboration.--Of the
amount provided for Medical and Prosthetics Research,
$27,000,000 is for VA's collaboration with the Department of
Energy (DOE) via a long-term inter-agency agreement to leverage
DOE's next generation artificial intelligence, big data, and
high-performance computing technologies, as well as multi-modal
diagnostics and data integration, in order to develop specific
precision medicine applications.
VA cancer moonshot contribution.--As indicated in the
Senate report, the Department is directed to include skin
cancer as a subject of its efforts to provide targeted cancer
treatments to veterans through genomic science.
Center of Excellence for Research on Returning War
Veterans.--The House report directed VA to provide a report
based on initial concerns regarding the potential impact that
moving the Posttraumatic-stress Residential Rehabilitation
Program might have on the Waco Center of Excellence for
Research on Returning War Veterans. Those concerns have been
adequately addressed by information provided subsequently in an
independent assessment, and a report from VA on this issue is
no longer required.
Public-private partnerships.--The conferees urge VA to
expedite consideration of proposals for public-private
partnerships to leverage co-location of VA and university
biomedical scientists engaged in multidisciplinary research.
NATIONAL CEMETERY ADMINISTRATION
The conference agreement provides $315,836,000 for the
National Cemetery Administration (NCA). Of the amount provided,
not to exceed 10 percent is available until September 30, 2020.
DEPARTMENTAL ADMINISTRATION
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $355,897,000 for
General Administration. Of the amount provided, not to exceed
10 percent is available for obligation until September 30,
2020. The conference agreement continues to include bill
language permitting the transfer of funds from this account to
General Operating Expenses, Veterans Benefits Administration.
The conference agreement provides funding for General
Administration in the amounts specified below:
------------------------------------------------------------------------
(in thousands of
Office dollars)
------------------------------------------------------------------------
Office of the Secretary.............................. 15,079
Office of General Counsel............................ 99,675
Office of Management................................. 63,402
Office of Human Resources............................ 62,172
Office of Enterprise Integration..................... 27,967
Office of Ops, Security and Preparedness............. 22,547
Office of Public and Intergovernmental Affairs....... 12,663
Office of Congressional and Legislative Affairs...... 5,900
Office of Acquisition Logistics and Construction..... 46,492
------------------------------------------------------------------------
The Secretary may alter these allocations if the
Committees have been notified and written approval is provided.
Additional budgetary information.--As described in the
House report, VA is directed to include in its budget
justification materials a table for each account that shows a
five-year funding history, for requested and enacted levels.
Financial management system.--The conference agreement
includes $10,800,000 in this account, in addition to amounts
provided in the Information Technology Systems account, for the
development of a new financial management system. While the
conferees do not question the need for a new financial
management system, VA's record of previous failures in
developing such a system support the need for rigorous
oversight of this program. As part of this oversight, VA is
directed to provide quarterly reports that include obligations,
broken down by appropriated, franchise, and other accounts.
These reports should also include the development of an
integrated master schedule and dashboard, life cycle costs,
staffing, and schedule. In addition, VA is directed to conduct
end-user surveys in a timeframe and with a content identified
by the conferees.
Contractor accountability.--For contracts over
$500,000,000 whenever the Secretary provides a Show Cause
Notice to a contracted service provider that establishes that
the contractor did not cure the conditions endangering
performance under the subject contract within the time frame
prescribed in the Cure Notice, which necessitates a termination
for default, VA must submit to the Committees on Appropriations
and the Committees on Veterans' Affairs of the Senate and the
House of Representatives notification of issuance of each Show
Cause Notice. At a minimum, the notification should include:
(1) an explanation of the reasons for providing such notice;
(2) a description of the effect of the contractor failure,
including with respect to cost, schedule, and requirements; (3)
a description of the actions taken by the Secretary to mitigate
such failure (other than issuance of the cure notice); and, (4)
a description of the actions taken by the contractor to address
such failure.
Prompt payments.--The conferees are concerned that VA is
not paying small businesses in a timely manner. Small business
vendors depend on timely payments to pay for their services,
pay their employees, and conduct business that they have agreed
to perform for VA. Therefore, the conferees urge the Department
to ensure that payments are made to small businesses promptly.
Medical Care Collections Fund.--The conferees are aware
that the Department continues to struggle with collections of
third-party billings, which has impacted revenue in the Medical
Care Collections Fund. The Department has indicated that it
will take action by the end of fiscal year 2018 to address this
long-standing problem. The conferees direct VA to report to the
Committees on Appropriations of both Houses of Congress no
later than 60 days after enactment of this Act on how the
Department is complying with directives regarding third-party
billing contained in Public Laws 114-113 and 115-141.
Debts incurred by individuals.--The Department is
directed, within 180 days of enactment of this Act, to develop
a means to track and monitor information on the age and amount
of debts owed by individuals to the United States as a result
of those individuals' participation in a VA-administered
benefits program; whether such debts are the result of delays
in VA processing of changes to beneficiary status or other VA
actions; and whether such debts are disputed by those
individuals. Further, VA is directed to submit a report
describing the plan no later than 90 days after it is
developed.
Inconsistencies in contracting policy after the
Kingdomware decision.--In Public Law 115-96 VA was urged to
issue additional guidance to provide a standard set of criteria
for contracting officers to evaluate veteran-owned providers'
capabilities and to take steps to ensure their implementation
consistently across the VISNs, in alignment with the GAO's
recommendations, especially about option years. The conferees
have learned that VA has still not issued guidance and again
urge VA to provide additional guidance.
BOARD OF VETERANS APPEALS
The conference agreement provides $174,748,000 for the
Board of Veterans Appeals, of which not to exceed 10 percent
shall remain available until September 30, 2020.
Appeals reform.--As VA has made progress in reducing the
backlog of initial disability claims, there has been an
increase in the number of appeals. Reforming the appeals
process is critical in addressing this increase and requires
the commitment of sufficient resources. As such, the Board of
Veterans Appeals is urged, as described in the House report, to
commit the necessary resources to reduce the backlog of
appeals.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $4,103,000,000 for
Information Technology (IT) Systems. The conference agreement
identifies separately in bill language the funding available
for pay and associated costs ($1,199,220,000); operations and
maintenance ($2,523,209,000); and systems development
($380,571,000). The conference agreement makes not to exceed 3
percent of pay and associated costs funding available until the
end of fiscal year 2020; not to exceed 5 percent of operations
and maintenance funding available until the end of fiscal year
2020; and all IT systems development funding available until
the end of fiscal year 2020.
The conference agreement includes $32,013,000 in
information technology funding for the Veterans Benefits
Management System that processes disability claims; $9,505,000
for the Board of Veterans Appeals claims appeals modernization
effort; $72,821,000 for development of a new VA financial
management system; and $22,081,000 for replacement of the NCA
burial operations support system.
The conference agreement continues language permitting
funding to be transferred among the three IT subaccounts,
subject to approval from the Committees.
The conference agreement continues language providing
that funding may be transferred among development projects or
to new projects subject to the Committees' approval.
The conference agreement continues language indicating
that no development project may be increased or decreased by
more than $1,000,000 prior to receiving approval of the
Committees or a period of 30 days has elapsed.
The conference agreement provides funding for IT
development for the projects and in the amounts specified in
the following table:
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
($ in thousands of dollars)
------------------------------------------------------------------------
1 Clinical Applications Amount
------------------------------------------------------------------------
A....................... Access and Billing...... 5,891
B....................... My HealtheVet........... 10,300
C....................... Health Data 13,000
Interoperability.
D....................... Registries.............. 3,288
Subtotal Clinical 32,479
Applications.
------------------------------------------------------------------------
2 Health Management
Platform
------------------------------------------------------------------------
A....................... Digital Health Platform. 15,682
B....................... Community Care.......... 25,303
C....................... Patient Record System... 14,300
D....................... Purchased Care.......... 9,076
E....................... Telehealth.............. 6,030
Subtotal Health 70,391
Management Platform.
------------------------------------------------------------------------
3 Benefits Systems
------------------------------------------------------------------------
A....................... Benefits Appeals........ 2,500
B....................... Education Benefits...... 37,830
C....................... Veterans Customer 47,564
Experience.
D....................... Veterans Benefits 10,000
Management.
E....................... Benefits Systems........ 31,721
Subtotal Benefits 129,615
Systems.
------------------------------------------------------------------------
4 Memorial Affairs
------------------------------------------------------------------------
A....................... Memorials Automation.... 18,800
Subtotal Memorial 18,800
Affairs.
------------------------------------------------------------------------
5 Other IT Systems
------------------------------------------------------------------------
A....................... Human Resources......... 12,600
B....................... Financial and 65,971
Acquisition Management
Modernization.
Subtotal Other IT 78,571
Systems.
------------------------------------------------------------------------
6 Cyber Security 17,000
------------------------------------------------------------------------
7 Information/
Infrastructure
Management
------------------------------------------------------------------------
A....................... Data Integration and 33,715
Management.
Subtotal Information/ 33,715
Infrastructure
Management.
------------------------------------------------------------------------
8 Total IT Development 380,571
------------------------------------------------------------------------
This table is intended to serve as the Department's
approved list of development projects; any requested changes
are subject to reprogramming requirements.
Cybersecurity implementation.--As stated in the House
report, VA is urged to ensure that patient records being
transferred from DOD to VA have the same level of security and
data-level protections as provided by the Department of
Defense.
Appointment scheduling.--The conferees understand that
the new electronic health record (EHR) contract includes an
appointment scheduling system component that will be rolled out
across the VA network in conjunction with the EHR system over a
ten-year time period. While supportive of the implementation of
a single EHR that includes all elements, including appointment
scheduling, the conferees are disturbed that some regions of
the country will not benefit from the scheduling system for a
decade. An improved scheduling system must be one of VA's top
priorities to address the continuing problem of delayed
appointments. The conferees urge VA to consider alternatives
that would permit all regions of the country to receive the
benefits of a modern scheduling system in advance of the
nationwide EHR system roll-out. The conferees understand that
VA may consider decoupling the scheduling system from the rest
of the EHR implementation, permitting its nationwide
implementation far sooner. If that alternative is not adopted,
VA is encouraged to consider implementing the commercial off-
the-shelf scheduling solutions it is currently piloting. If
evaluations of these pilots indicate that they provide
significant interim or long-term benefits, the conferees urge
their expansion to additional geographic areas. The conferees
direct VA to report within 90 days of enactment of this Act
whether it has decided to separate the scheduling component
within the EHR contract and implement it separately on a faster
track. If the Department declines to take this action,
theconferees direct the agency to notify the Committees within 150 days
of enactment of this Act of its alternative plans to accelerate
nationwide implementation of an improved scheduling system.
VETERANS ELECTRONIC HEALTH RECORD
The conference agreement provides $1,107,000,000 for
activities related to the development and rollout of a new VA
EHR, the associated contractual costs, and the salaries and
expenses of employees hired under titles 5 and 38, United
States Code. The funding amount is $100,000,000 below the
request based on the Department's assertion that it could
accommodate such a decrement with no adverse impact to program
cost, schedule, or performance. Also, because this is a very
substantial new effort and the timing of obligation of funding
is uncertain, the conference agreement makes these funds
available for three years. Of the amount provided, not less
than $412,000,000 is for improvement or establishment of
infrastructure associated with the program. Additionally, the
conference agreement includes bill language requiring the
approval of the Committees on Appropriations of both Houses of
Congress before any funds may be used to deviate from the
deployment schedules provided to those committees by VA.
Given the potential resistance from some users in
adopting a new electronic health record system, the conferees
direct VA to focus sufficient resources and attention on the
challenge of change management during deployment. The conferees
further direct VA to: maintain clear and agreed-upon metrics
and goals with the DOD in regard to electronic health record
interoperability and establish clear timeframes for meeting
those goals; update the VA/DOD Interagency Program Office
guidance to reflect agreed-upon metrics and goals; and ensure
clinician feedback is sought and considered as the EHR system
is modernized.
Quarterly reporting.--The conferees continue to direct
GAO to perform quarterly performance reviews of the VA
electronic health record deployment to keep the Committees on
Appropriations of both Houses of Congress apprised of VA's
progress. The conferees also continue to include bill language
directing VA to provide quarterly updates on the status of the
electronic health record program. VA is directed to provide
obligations, expenditures, and deployment implementation by
facility. The conferees also continue to include bill language
directing that these funds are available only to the Office of
the Deputy Secretary.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $192,000,000 for the
Office of Inspector General. Of the amount provided, not to
exceed 10 percent is available for obligation until September
30, 2020.
Community Living Centers (CLC).--The conferees direct the
VA Office of Inspector General to conduct an inspection of VA
CLCs and report on best practices from VA and/or private sector
that would improve the performance of VA CLCs that perform
poorly on VA's ranking system.
Washington DC Veterans Affairs Medical Center.--The
conferees urge the Inspector General to dedicate all necessary
resources to provide rigorous oversight of the Washington, DC,
Veterans Affairs Medical Center, a facility that has been
plagued with management problems.
CONSTRUCTION, MAJOR PROJECTS
The conference agreement provides $1,127,486,000 for
Construction, Major Projects. The conference agreement makes
this funding available for five years, except that $480,000,000
is made available until expended of which $400,000,000 shall be
available for seismic improvement projects and seismic program
management activities, including for projects that would
otherwise be funded by other VA accounts. The bill includes
language that, notwithstanding title 38, seismic funding shall
be available for the completion of both new and existing
seismic projects.
The conference agreement funds the following items as
requested in the budget submission:
CONSTRUCTION, MAJOR PROJECTS
------------------------------------------------------------------------
(in thousands of
Location and Description dollars)
------------------------------------------------------------------------
Veterans Health Administration (VHA):
St. Louis, MO: medical facility improvements and 34,400
cemetery expansion...............................
Canandaigua, NY: construction and renovation..... 190,000
Dallas, TX: spinal cord injury facility.......... 135,686
North Chicago, IL: renovate building #4........... 6,000
Oklahoma City, OK: new surgical intensive care 10,800
unit.............................................
Advance Planning and Design Fund: various 95,000
locations........................................
Asbestos: various locations...................... 15,000
Major Construction Staff: various locations...... 27,500
Hazardous Waste: various locations............... 26,200
Judgment Fund: various locations................. 25,000
Non-Dept. Fed. Entity Project Management Support. 38,700
Seismic Corrections: various locations........... 400,000
-----------------
Total, VHA................................... 1,004,286
National Cemetery Administration (NCA):
Ohio Western Reserve, OH: gravesite expansion.... 29,000
Great Lakes, MI: gravesite expansion............. 35,200
Cape Canaveral, FL: gravesite expansion.......... 38,000
Advance Planning and Design Fund................. 10,000
NCA Land Acquisition Fund........................ 5,000
Total, NCA................................... 117,200
General Admin.:
Staff Offices Advance Planning Fund.............. 6,000
-----------------
Total, Construction Major Projects........... 1,127,486
------------------------------------------------------------------------
CONSTRUCTION, MINOR PROJECTS
The conference agreement provides $649,514,000 for
Construction, Minor Projects. The conference agreement makes
this funding available for five years.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The conference agreement provides $150,000,000 for Grants
for Construction of State Extended Care Facilities, to remain
available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The conference agreement provides $45,000,000 for Grants
for Construction of Veterans Cemeteries, to remain available
until expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The conference agreement includes section 201 allowing
for the transfer of funds among the three mandatory accounts.
The conference agreement includes section 202 allowing
for the transfer of funds among the four medical accounts.
The conference agreement includes section 203 allowing
salaries and expenses funds to be used for related authorized
purposes.
The conference agreement includes section 204 restricting
the accounts that may be used for the acquisition of land or
the construction of any new hospital or home.
The conference agreement includes section 205 limiting
the use of funds in the Medical Services account only for
entitled beneficiaries unless reimbursement is made to the
Department.
The conference agreement includes section 206 allowing
for the use of certain mandatory appropriations accounts for
payment of prior year accrued obligations for those accounts.
The conference agreement includes section 207 allowing
the use of appropriations available in this title to pay prior
year obligations.
The conference agreement includes section 208 allowing
the Department to use surplus earnings from the National
Service Life Insurance Fund, the Veterans' Special Life
Insurance Fund, and the United States Government Life Insurance
Fund to administer these programs.
The conference agreement includes section 209 allowing
the Department to cover the administrative expenses of
enhanced-use leases and provides authority to obligate these
reimbursements in the year in which the proceeds are received.
The conference agreement includes section 210 limiting
the amount of reimbursement the Office of Resolution
Management, the Office of Employment Discrimination Complaint
Adjudication, the Office of Accountability and Whistleblower
Protection, and the Office of Diversity and Inclusion can
charge other offices of the Department for services provided.
The conference agreement includes section 211 requiring
the Department to collect third-party payer information for
persons treated for a non-service-connected disability.
The conference agreement includes section 212 allowing
for the use of enhanced-use leasing revenues for Construction,
Major Projects and Construction, Minor Projects.
The conference agreement includes section 213 outlining
authorized uses for Medical Services funds.
The conference agreement includes section 214 allowing
for funds deposited into the Medical Care Collections Fund to
be transferred to the Medical Services and Medical Community
Care accounts.
The conference agreement includes section 215 which
allows Alaskan veterans to use medical facilities of the Indian
Health Service or tribal organizations.
The conference agreement includes section 216 permitting
the transfer of funds from the Department of Veterans Affairs
Capital Asset Fund to the Construction, Major Projects and
Construction, Minor Projects accounts and makes those funds
available until expended.
The conference agreement includes section 217 requiring
the Secretary to submit financial status quarterly reports for
each of the Administrations in the Department. The specific
data requested is similar to that requested in the fiscal year
2017 conference report.
The conference agreement includes section 218 requiring
the Department to notify and receive approval from the
Committees of any proposed transfer of funding to or from the
Information Technology Systems account and limits the aggregate
annual increase in the account to no more than 10 percent of
the funding appropriated to the account in this Act.
The conference agreement includes section 219 providing
up to $301,578,000 of fiscal year 2019 funds for transfer to
the Joint DOD-VA Medical Facility Demonstration Fund.
Additional funding may be transferred from these accounts upon
written notification to the Committees. A proviso with similar
authority in Public Law 115-141 is repealed by this section.
The conference agreement includes section 220 which
permits $307,609,000 of fiscal year 2020 medical care funding
provided in advance to be transferred to the Joint DOD-VA
Medical Facility Demonstration Fund.
The conference agreement includes section 221 which
authorizes transfers from the Medical Care Collections Fund to
the Joint DOD-VA Medical Facility Demonstration Fund.
The conference agreement includes section 222 which
transfers at least $15,000,000 from VA medical accounts to the
DOD-VA Health Care Sharing Incentive Fund.
The conference agreement includes section 223 prohibiting
funds available to the Department in this or any other Act from
being used to replace the current system by which VISNs select
and contract for diabetes monitoring supplies and equipment.
The conference agreement includes section 224 requiring
that the Department notify the Committees of bid savings in a
major construction project of at least $5,000,000, or 5
percent, whichever is less, 14 days prior to the obligation of
the bid savings and describe their anticipated use.
The conference agreement includes section 225 which
prohibits VA from increasing the scope of work for a major
construction project above the scope specified in the original
budget request unless the Secretary receives approval from the
Committees.
The conference agreement includes section 226 requiring a
quarterly report from each VBA regional office on pending
disability claims, both initial and supplemental; error rates;
the number of claims processing personnel; corrective actions
taken; training programs; and review team audit results. It
also requires a quarterly report on the number of appeals
pending at the Veterans Benefits Administration and the Board
of Veterans Appeals.
The conference agreement includes section 227 requiring
VA to notify the Committees 15 days prior to any staff office
relocations within VA of 25 or more full-time-equivalent staff.
The conference agreement includes section 228 requiring
the Secretary to report to the Committees each quarter about
any single national outreach and awareness marketing campaign
exceeding $2,000,000.
The conference agreement includes section 229 permitting
the transfer to the Medical Services account of fiscal year
discretionary 2019 funds appropriated in this Act or available
from advance fiscal year 2019 funds already appropriated,
except for funds appropriated to General Operating Expenses,
VBA, to address possible unmet, high priority needs in Medical
Services. Such unanticipated demands may result from
circumstances such as a greater than projected number of
enrollees or higher intensity of use of benefits. Any such
transfer requires the approval of the Committees.
The conference agreement includes section 230 permitting
the transfer of funding between the General Operating Expenses,
Veterans Benefits Administration account and the Board of
Veterans Appeals account if necessary to permit the hiring of
staffing at the appropriate stage of the appeals process to
address mounting claims appeals workload. Any such transfer
requires the approval of the Committees.
The conference agreement includes section 231 prohibiting
the Secretary from reprogramming funds in excess of $7,000,000
among major construction projects or programs unless the
reprogramming is approved by the Committees.
The conference agreement includes section 232 mandating
certain professional standards for the veterans crisis hotline
and requiring a study to assess its effectiveness.
The conference agreement includes section 233 restricting
funds from being used to close certain medical facilities in
the absence of a national realignment strategy.
The conference agreement includes section 234 prohibiting
the use of funds, from the period October 1, 2018 through
January 1, 2024, in contravention of VHA's May 10, 2017
guidelines on breast cancer screening.
The conference agreement includes section 235 allowing
the use of Medical Services funding for assisted reproductive
technology treatment and adoption reimbursement for veteransand
their spouses if the veteran has a service-connected disability that
results in being unable to procreate without such fertility treatment.
The conference agreement includes section 236, which
rescinds $211,000,000 of previously appropriated advance fiscal
year 2019 funds from the Medical Support and Compliance
account.
The conference agreement includes section 237 prohibiting
any funds from being used in a manner that is inconsistent with
statutory limitations on outsourcing.
The conference agreement includes section 238 pertaining
to exceptions for Indian- or Native Hawaiian-owned businesses
contracting with VA.
The conference agreement includes section 239 directing
the elimination over a series of years of the use of social
security numbers in VA programs.
The conference agreement includes section 240 referencing
the provision in the 2017 Appropriations Act pertaining to
certification of marriage and family therapists.
The conference agreement includes section 241, which
prohibits funds from being used to transfer funding from the
Filipino Veterans Equity Compensation Fund to any other VA
account.
The conference agreement includes section 242 permitting
funding to be used in fiscal years 2019 and 2020 to carry out
and expand the child care pilot program authorized by section
205 of Public Law 111-163.
The conference agreement includes section 243 which
includes a reference to a provision in the 2017 Appropriations
Act identifying information which may be used to verify the
status of coastwise merchant seamen who served during World War
II for the purposes of eligibility for medals, ribbons, or
other military decorations.
The conference agreement includes section 244 permitting
the Secretary to use appropriated funds to ensure particular
ratios of veterans to full-time employment equivalents within
any VA program of rehabilitation.
The conference agreement includes section 245 prohibiting
VA from using funds to enter into an agreement to resolve a
dispute or claim with an individual that would restrict the
individual from speaking to members of Congress or their staff
on any topic, except those required to be kept secret in the
interest of national defense or the conduct of foreign affairs.
The conference agreement includes section 246 referencing
language in the 2017 Appropriations Act requiring certain data
to be included in budget justifications for major construction
projects.
The conference agreement includes section 247 prohibiting
the use of canines in VA research unless: the scientific
objectives of the study can only be met by using canines; the
study has been directly approved by the Secretary; and the
study is consistent with the revised VA canine research policy
document released in December 2017.
The conference agreement includes section 248 providing
$2,000,000,000 to be available until expended for VA
infrastructure needs, of which $800,000,000 is for Medical
Facilities for non-recurring maintenance; $300,000,000 is for
Major Construction; $150,000,000 is for Minor Construction; and
$750,000,000 is for seismic improvement projects and seismic
project management activities. This funding is not made
available until VA provides and the Committees approve a
detailed expenditure plan.
The conference agreement includes section 249 prohibiting
the use of funds to deny the Inspector General timely access to
information, unless a provision of law expressly refers to the
Inspector General and expressly limits such access.
The conference agreement includes section 250 directing
VA to submit a plan to reduce the chances that clinical
mistakes by VA employees will result in adverse events that
require institutional or clinical disclosures.
The conference agreement includes section 251 prohibiting
funding from being used in a manner that would increase wait
times for veterans at medical facilities.
The conference agreement includes section 252 prohibiting
the use of funds in fiscal year 2019 to convert any program
which received specific purpose funds in fiscal year 2018 to a
general purpose-funded program without the approval of the
Committees on Appropriations of both Houses of Congress at
least 30 days prior to any such action.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
The conference agreement includes $104,000,000 for
Salaries and Expenses of the American Battle Monuments
Commission (ABMC), an increase of $28,900,000 above the budget
request to support the Commission's unfunded requirements for
high priority projects. Not later than 30 days after the date
of enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of both Houses of Congress a spend
plan detailing the use of these funds.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The conference agreement includes such sums as necessary
for the Foreign Currency Fluctuations Account. However, due to
favorable exchange rates, no funds are expected to be required
in fiscal year 2019.
United States Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
The conference agreement includes $34,955,000 for
Salaries and Expenses for the United States Court of Appeals
for Veterans Claims. Public Law 114-113 provided planning and
design funds for a feasibility study that has yet to be
completed. In addition, the Committees received a letter that
GSA is moving to another direction for a courthouse and
therefore the conference agreement does not include funding for
a new courthouse, as requested at this time.
Department of Defense--Civil
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
The conference agreement includes $80,800,000 for
Cemeterial Expenses, Army--Salaries and Expenses. Within that
amount, up to $15,000,000 in funding is available until
September 30, 2021.
CONSTRUCTION
The conference agreement provides $33,600,000 for
planning and design and construction of Southern Expansion to
remain available until expended.
Arlington National Cemetery Southern Expansion.--The
conference agreement provides $33,600,000 for all activities,
including construction of the Southern Expansion. The conferees
note that the project is expected to cost upwards of
$350,000,000 has an estimated completion date of 2025, adds 37
acres of land, and will extend the cemetery's life into the
2050s. While the conferees strongly support extending the life
of the cemetery, there are concerns that the proposed expansion
lacks proper planning. For example the Committees were
initially told that the Southern Expansion would cost
$274,000,000 however, now it appears that estimate was vastly
underestimated. Therefore, no later than 180 days after
enactment of this Act the conferees direct the Army to provide
a comprehensive plan that includes cost estimate and
construction schedule. Furthermore, after this reporting
requirement is met the Army shall provide quarterly updates
until this project is completed.
Armed Forces Retirement Home
TRUST FUND
The conference agreement includes a total of $64,300,000
for the Armed Forces Retirement Home (AFRH), as requested, but
does not provide the funds in the manner requested. The
agreement directs that $42,300,000 be derived from the Trust
Fund and $22,000,000 be provided from the General Fund to
support AFRH operations.
Trust Fund Solvency.--There continues to be a belief that
both legislative and administrative actions are necessary to
improve Trust Fund solvency, eliminate AFRH's reliance on the
General Fund, and maintain the high-quality services provided
to AFRH residents. While there is still concern about the path
forward, DOD is directed to continue working with AFRH to take
appropriate administrative action and to develop and submit
proposed authorizing language that addresses the issue of Trust
Fund solvency.
ADMINISTRATIVE PROVISION
The conference agreement includes section 301 allowing
Arlington National Cemetery to deposit and use funds derived
from concessions.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
Department of Defense
The conference agreement includes title IV, Overseas
Contingency Operations, for military construction projects
related to the Global War on Terrorism and the European
Deterrence/Reassurance Initiative.
MILITARY CONSTRUCTION, ARMY
The conference agreement includes $192,250,000 for
``Military Construction, Army'', for planning and design and
construction in support of Overseas Contingency Operations and
the European Deterrence/Reassurance Initiative.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement includes $227,320,000 for
``Military Construction, Navy and Marine Corps'', for planning
and design and construction in support of Overseas Contingency
Operations and the European Deterrence/Reassurance Initiative.
MILITARY CONSTRUCTION, AIR FORCE
The conference agreement includes $414,800,000 for
``Military Construction, Air Force'', for planning and design
and construction in support of Overseas Contingency Operations
and the European Deterrence/Reassurance Initiative.
MILITARY CONSTRUCTION, DEFENSE-WIDE
The conference agreement includes $87,050,000 for
``Military Construction, Defense-Wide'', for planning and
design and construction in support of Overseas Contingency
Operations and the European Deterrence/Reassurance Initiative.
ADMINISTRATIVE PROVISIONS
The conference agreement includes section 401 which
provides the contingent emergency designation for the Overseas
Contingency Operations accounts.
The conference agreement includes section 402 which
requires the Department of Defense to provide a future year
defense program for European Deterrence/Reassurance Initiative
to the congressional defense committees.
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TITLE V
GENERAL PROVISIONS
The conference agreement includes section 501 prohibiting
the obligation of funds in this Act beyond the current fiscal
year unless expressly so provided.
The conference agreement includes section 502 prohibiting
the use of the funds in this Act for programs, projects, or
activities not in compliance with Federal law relating to risk
assessment, the protection of private property rights, or
unfunded mandates.
The conference agreement includes section 503 encouraging
all Departments to expand their use of ``E-Commerce.''
The conference agreement includes section 504 specifying
the congressional committees that are to receive all reports
and notifications.
The conference agreement includes section 505 prohibiting
the transfer of funds to any instrumentality of the United
States Government without authority from an appropriations Act.
The conference agreement includes section 506 prohibiting
the use of funds for a project or program named for a serving
Member, Delegate, or Resident Commissioner of the United States
House of Representatives.
The conference agreement includes section 507 requiring
all reports submitted to Congress to be posted on official web
sites of the submitting agency.
The conference agreement includes section 508 prohibiting
the use of funds to establish or maintain a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography, except for law enforcement
investigation, prosecution, or adjudication activities.
The conference agreement includes section 509 prohibiting
the use of funds for the payment of first-class air travel by
an employee of the executive branch.
The conference agreement includes section 510 prohibiting
the use of funds in this Act for any contract where the
contractor has not complied with E-Verify requirements.
The conference agreement includes section 511 prohibiting
the use of funds in this Act by the Department of Defense or
the Department of Veterans Affairs for the purchase or lease of
a new vehicle except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
The conference agreement includes section 512 prohibiting
the use of funds in this Act for the renovation, expansion, or
construction of any facility in the continental United States
for the purpose of housing any individual who has been detained
at the United States Naval Station, Guantanamo Bay, Cuba.
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Rodney P. Frelinghuysen,
Michael K. Simpson,
John R. Carter,
Ken Calvert,
Jeff Fortenberry,
Charles F. Fleischmann,
Jaime Herrera Beutler,
Scott Taylor,
Managers on the Part of the House.
Richard C. Shelby,
Lamar Alexander,
John Boozman,
Steve Daines,
James Lankford,
Patrick J. Leahy,
Dianne Feinstein,
Brian Schatz,
Christopher Murphy,
Managers on the Part of the Senate.
[all]