Congressional Record, Volume 164 Issue 94 (Thursday, June 7, 2018)

[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[House]
[Pages H4884-H4938]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT,
2019

The SPEAKER pro tempore (Mr. Simpson). Pursuant to House Resolution
918 and rule XVIII, the Chair declares the House in the Committee of
the Whole House on the state of the Union for the consideration of the
bill, H.R. 5895.
The Chair appoints the gentleman from Michigan (Mr. Mitchell) to
preside over the Committee of the Whole.

{time} 1522

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 5895) making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes, with Mr. Mitchell in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time. General debate shall be confined to the bill and shall not
exceed 1 hour equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations.
The gentleman from New Jersey (Mr. Frelinghuysen) and the gentlewoman
from New York (Mrs. Lowey) each will control 30 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Chair, I yield myself such time as I may
consume.
I rise today in support of H.R. 5895, the first set of the fiscal
year 2019 appropriations bills: Energy and Water, the Legislative
Branch, and the Military Construction and Veterans Affairs.
I am pleased that the House is considering three appropriations bills
this afternoon. These bills provide funding to rebuild our military
infrastructure, support military families, improve nuclear security,
support our Nation's energy and water infrastructure, and assure the
smooth and safe operations of the legislative branch.
To highlight a few of these important investments:
The Energy and Water bill, under Chairman Simpson's direction, funds
our national security and supports the energy and water infrastructure
that keeps our economy moving and America open for business.
In total, his bill provides $44.7 billion in discretionary funding.
To support a strong nuclear national security strategy, particularly at
this time of rapidly shifting global dynamics, his bill provides
targeted increases that will maintain an effective nuclear arsenal,
preserve our Nation's nuclear-powered fleet, and keep nuclear weapons
out of the hands of those who would misuse them.
Beyond these critical responsibilities, the bill also directs $7.28
billion to the Army Corps of Engineers for projects and activities that
will improve America's ports and waterways and promote public health
and safety.
The bill also further supports economic growth by investing in the
Department of Energy's programs to advance the goal of an all-of-the-
above solution to energy independence. This includes funding to
continue congressional efforts for the safe, secure storage of nuclear
waste at Yucca Mountain.
Next, the Legislative Branch Appropriations bill under Chairman
Yoder's lead provides $3.8 billion in funding for the operation of
Congress and its support agencies, excluding Senate-only items. It may
be the smallest of the 12 appropriations bills, but it is very
important to the operation of our great democracy.
This total represents a small increase above current enacted levels.
These increases are directed to critical programs that make our Capitol
complex more secure and more efficient. This includes supporting our
wonderful and dedicated Capitol Police force, which keeps the complex
safe for Members and visitors.
Lastly, the Military Construction and Veterans Affairs Appropriations
bill, led initially by former Chairman Dent and now by Chairman Judge
Carter, provides a total of $96.9 billion in discretionary funding at a
crucial time for our Armed Forces and the VA. This includes $11.3
billion for military construction projects, a 3.8 percent increase
above fiscal year 2018 levels, recognizing the need to rebuild our
military infrastructure. This funding will enable our troops to fight
current and emerging threats around the globe, as well as provide them
with peace of mind and care for their families.

This bill also includes $85.3 billion for the Department of Veterans
Affairs, the largest total amount for the VA in its history. These
additional funds will be directed to critical priorities within the
Veterans Administration: improved access to healthcare; quicker claims
processing; and support for crucial health programs like suicide
prevention, mental health, and opioid abuse prevention. This also
includes $1.2 billion for the new VA Electronic Health Record system to
accelerate the progress on this long-awaited project.
Accompanying these funding increases are strong oversight provisions
that will increase accountability at both the Pentagon and the Veterans
Administration and ensure that precious tax dollars go where they are
most needed.
I want to thank the chairs and ranking members and all the staff who
worked on these bills that all Members should be proud to support.
These bills received bipartisan support in committee because they
focus on universal priorities: national security, care for our veterans
and military families, and essential infrastructure.
I am extremely disappointed to read and hear the minority has
directed its Members to oppose this appropriations package, despite the
fact that all of these bills were constructed as they always have been:
in a bipartisan manner. If there is no minority support for this
package, those Members will be turning their backs on this House's
historic support for our veterans and their families and for
modernizing our military installations around the world, which include
medical facilities, new barracks and mess halls, playgrounds, schools,
and family housing.
I want to thank Chairman Simpson, Chairman Yoder, former Chairman

[[Page H4885]]

Dent and now Chairman Judge Carter for their leadership on these bills;
and also Ranking Member Kaptur, Ms. Debbie Wasserman Schultz, and Mr.
Tim Ryan from Ohio for their work on these bills.
I would also like to thank the hardworking staff who helped to bring
the bills to the floor: Jenny Panone and Tim Monahan from the
Legislative Branch Subcommittee; Sue Quantius, Sarah Young, Kiya
Batmanglidj, and Tracey Russell from the Military Construction and
Veterans Affairs Subcommittee; Angie Giancarlo, Loraine Heckenberg,
Perry Yates, and Amy Murphy from the Energy and Water Subcommittee;
along with the front office staff and my personal staff.
I urge my colleagues to support these responsible appropriations
bills and vote ``yes'' on H.R. 5895.
Mr. Chair, I reserve the balance of my time.

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{time} 1530

Mrs. LOWEY. Mr. Chairman, I rise in opposition to the three-bill
package that Republicans are bringing to the floor today.
Instead of following regular order and debating and amending the
Energy and Water, Legislative Branch, and Military Construction and
Veterans Affairs bills separately, Republican leadership is forcing us
to consider them together.
This broken process has a simple aim. Republicans are using America's
veterans as pawns to force through cuts to clean energy research and
harmful policy provisions that weaken environmental standards.
We all recognize the tremendous debt of gratitude we owe to those who
have sacrificed for us in our Armed Forces, as well as their family
members who share in their service to our country. That is why it is so
important that Congress ensure our veterans receive the honors,
benefits, and assistance they have earned.
While I support many of the increases within the Military
Construction and Veterans Affairs bill, Republicans have created a
dilemma by transitioning the VA Choice program from mandatory to
discretionary funding in the middle of fiscal year 2019.
I want to make it clear: This is a serious decision. It should have
been adequately debated.
Even worse, Republicans have blocked consideration of my amendment to
solve this problem. That will mean a further squeeze, and perhaps even
cuts, to programs that benefit the middle class.
The Bipartisan Budget Act provided an $18 billion increase for both
defense and nondefense discretionary spending between fiscal years 2018
and 2019.
Instead of using those resources to create jobs and grow our economy,
Republicans have chosen to devote $4.8 billion, more than a quarter of
that increase, to the Department of Homeland Security, presumably for
President Trump's border wall and the deportation force.
Not only is such spending a betrayal of our American values, it is a
waste of resources that crowds out investments that keep our families
and communities safe, strong, and moving forward.
Frankly, it is just part of a pattern in which Republicans are
underfunding bills that will come later in the appropriations process.
For example, Republicans have not provided a single penny in
additional resources to the Labor, Health and Human Services,
Education, and Related Agencies appropriations bill. What does that
mean? This means that they threaten to starve our schools, hurt job
training and workplace rights protection, jeopardize Pell grants, and
limit access to affordable healthcare, among many other ill effects.
We can and must do better than spending levels that prioritize
President Trump's border wall and attacks on immigrant communities over
the urgent needs of American children, families, and seniors.
Now, with regard to the Energy and Water bill specifically, we are
confronted with a partisan bill that contains cuts to many important
priorities for the American people.
With gas prices approaching $3 a gallon, the bill cuts energy
efficiency and renewable energy initiatives. It cuts transformational
science efforts, such as the successful and popular ARPA-E program.
And just as bad, it contains many harmful riders, including rolling
back clean water protections, blocking the National Ocean Policy,
further endangering salmon on the Columbia River, and weakening gun
safety rules on public lands.
These provisions and the cuts to important priorities that drive
innovation and safeguard our national security make it impossible for
Democrats to support this bill.
We can and must do better. I urge my colleagues to vote ``no,''
oppose the Republican raw deal that cuts critical priorities, includes
harmful poison-pill riders, and sets Congress on a path to future bills
that will cause serious pain for American children, families, and
seniors.
Before I reserve the balance of my time, I would like to thank our
chair, with whom I have always worked cooperatively, and your staff and
my staff and all those who spend many, many hours making sure we can
work together. However, I do hope, at the end of the process, we can
put together a more responsible bipartisan bill.
Mr. Chairman, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 4 minutes to the gentleman
from Idaho (Mr. Simpson), the chairman of the Energy and Water
Subcommittee on Appropriations.
Mr. SIMPSON. Mr. Chairman, I thank the gentleman for yielding the
time.
Mr. Chairman, I am pleased to present to the House the fiscal year
2019 Energy and Water Development and Related Agencies Appropriations
Act.
Before I review the details of the bill, I would like to thank
Chairman Frelinghuysen for his leadership and unwavering commitment to
the appropriations process. Our committee is back on track to bring 12
bills through the committee markup and before the full House for the
second year in a row.
I would also like to thank Ranking Members Lowey and Kaptur. As
always, their thoughtful approach to the issues have made this a better
bill, even though I was disappointed that the gentlewoman from New
York, who is my friend, said she didn't like the Energy and Water bill
just now.
The Energy and Water bill totals $44.7 billion, which is $1.5 billion
more than last year's level and $8.2 billion above the budget request.
Increases over last year were targeted to those areas where they are
needed most: to provide for our Nation's defense and to support our
Nation's infrastructure.
The bill provides a total of $15.3 billion for the Department of
Energy's nuclear weapons security programs, including Weapons
Activities, Defense Nuclear Nonproliferation, and Naval Reactors, a
$644 million increase above the fiscal year 2018 enacted level and $222
million above the President's budget request
It aligns with the administration's Nuclear Posture Review and calls
for continuing to maintain a strong nuclear deterrent to meet the
challenges of a changing security environment, revitalizing our nuclear
complex, and supporting effective arms control and nonproliferation
efforts.
Additionally, the bill provides for funding increases across the
Department of Energy to defend against cyber attacks and within the
administration's new Cybersecurity, Energy Security, and Emergency
Response Office to strengthen energy-sector cybersecurity preparedness,
response, and recovery.
The bill includes strong funding for the Army Corps of Engineers--
$451 million more than last year and $2.5 billion more than the budget
request. This is to address our Nation's critical infrastructure needs.
Harbor maintenance activities are funded at $1.6 billion, which is
$200 million more than the fiscal year 2018 appropriation. The level
exceeds the WRDA annual target by $160 million and represents--and I am
proud of this--95 percent of the estimated revenue.
Basic science research and applied energy research and development
programs at the Department of Energy, including Nuclear Energy, Fossil
Energy, the Office of Science, Energy Efficiency and Renewable Energy,
and ARPA-E, are strongly supported in this bill. Taken together, these
programs advance the all-of-the-above energy strategy that will support
a strong national economy well into the future.
Finally, the bill sends a clear message that it is time to address
the long-term storage of spent nuclear fuel and finish the Yucca
Mountain license application, with $220 million going to the Department
of Energy and $47.7 million to the Nuclear Regulatory Commission. We
simply cannot wait any longer to finish the license application process
and proceed to construction and operation of the permanent repository.
This is a strong bill that incorporates priorities and interests of
all Members of the House. In fact, this bill addresses, in full or in
part, 94 percent of the more than 3,000 separate requests that we
received from Members. I urge my colleagues to support this.
Before I end, I would like to say and emphasize what the chairman
said. These bills would not be possible without the strong work and the
competent

[[Page H4900]]

work of the staff of the Energy and Water Appropriations Committee,
both minority and majority, and also from our personal offices. They do
a great job trying to address the concerns of individual Members and
the requests of individual Members. We wouldn't be able to do this
without the strong work they do, and I thank them for that.
Mrs. LOWEY. Mr. Chairman, I yield 5 minutes to the gentlewoman from
Ohio (Ms. Kaptur), the ranking member of the Subcommittee on Energy and
Water Development and Related Agencies.
Ms. KAPTUR. Mr. Chairman, I wish to thank the ranking member from New
York, Nita Lowey, for yielding me this time and for the wonderful work
she has done on 12 bills, and this is but the first.
I also want to thank the chair of the full committee, Congressman
Frelinghuysen, whose service has been so meritorious. We miss his
service on the Energy and Water Development and Related Agencies
Committee directly, but he has moved up to greater things.
I also thank Chairman Simpson and the members of our fine
subcommittee and our staff on our side of the aisle, Jaime Shimek and
T.J. Loudermilk, and on the majority side, Angie Giancarlo, for their
hard work on this bill under rushed circumstances.
I value the hard work that all of you have put into this bill and the
dispatch with which Chair Simpson has moved through the process,
including with great cordiality.
Our bill contributes to ensuring the critical availability of energy
and waterway improvements for domestic stability and national security,
not just for today but for the tomorrows to come.
Energy is the power that flows and drives our economy and courses
through our Nation. Sometimes people even forget it is there binding
our country together at the community level, connecting our Nation from
coast to coast, and ensuring our superior defense posture globally.
Our Nation has made enormous strides in increasing our energy
independence by developing a broad portfolio of power sources, with no
bill more important than this one in reaching the strategic goal of
energy independence for America's independence.
But it is not yet time to declare mission accomplished. Today, the
price of oil is on the rise again, standing 50 percent higher than it
was 1 year ago, due at least in part to unrest across our globe.
It is no secret that every time in recent history--and I am talking
40, 50 years--that fuel prices exceed $4 per gallon our Nation sinks
into deep recession. Actually, energy can become a tourniquet that
throttles economic growth, and rising fuel prices means our Nation
could be headed there again.
So we must not lose sight of the ultimate goal of energy independence
for American independence. Largely, thanks to the bipartisan budget
agreement, the chairman has been able to provide increased funding
levels to that end across much of our bill.
Turning to the water and waterway elements in our bill, all essential
to human life, our bill significantly increases funding for the Army
Corps of Engineers to ensure continued forward progress in all regions
of our country across all project areas, including navigation and
environmental restoration. All projects are job creators and benefit
future economic growth and environmental improvement.
I am grateful for the chairman's continued partnership to address the
Asian carp threat to our freshwater Great Lakes ecosystem, as well as
for funding to keep our Great Lakes ports open to shippers, which drive
economic investment in the Great Lakes region.
And, unfortunately, while the chair has been generous in the funding
of most programs, the bill cuts over $400 million in funding from this
year's levels for next year for some of the highest priorities to those
of us on this side of the aisle.
Let me enumerate them: energy efficiency and renewable energy, where
America is making great strides and nations like China seek to blunt
our lead; transformational science driven by the highest level of
research in our country, the advanced research and energy we call ARPA-
E; and, finally, in the third important area of nuclear
nonproliferation.
Those accounts should not be cut. They all exist within the
Department of Energy budget.

{time} 1545

These programs invest in new horizons to move our country and economy
forward through innovation, creating jobs along the way. Think about
this: Nearly 3.2 million Americans now work in clean energy industries
alone. Those are jobs that didn't exist 35 years ago. Energy means
jobs, and new energy systems means economic growth.
I remain troubled by the continued unsustainable spending in the
Department of Energy's weapons program. Instead of working to rein in
costs, just over a month ago, the administration submitted a budget
amendment to begin work on a new, low-yield ballistic missile, as
proposed in the Nuclear Posture Review. I remain unconvinced this new
capability will actually improve our nuclear deterrent.
The CHAIR. The time of the gentlewoman has expired.
Mrs. LOWEY. Mr. Chairman, I yield an additional 30 seconds to the
gentlewoman from Ohio.
Ms. KAPTUR. We owe it to the American people to have a full
discussion and debate before wandering down a path to new varieties of
nuclear weapons, including security, cost, and schedule.
The bill, again, includes several unnecessary and controversial
policy riders, everything related to the Waters of the United States to
new language legislating an ongoing court case in the northwest. I ask
my colleagues to vote no when I offer an amendment to eliminate all of
them.
One of our biggest concerns is the damage this bill does to other
bills. It is like musical chairs: if we succeed with our bill, then the
11 bills that follow may not have sufficient funding.
Mr. Chairman, I thank the chairman for leading us to this point. We
are very proud to be the first bill on the floor this year, 2018, in
the appropriations process.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 5 minutes to
the gentleman from Texas (Mr. Carter), the new chairman of the Military
Construction, Veterans Affairs and Related Agencies on Appropriations,
and I also thank him for his leadership and work on the Homeland
Security Subcommittee as well.
Mr. CARTER of Texas. Mr. Chairman, I am pleased to be here as the
newly appointed chairman of the Military Construction, Veterans Affairs
and Related Agencies Subcommittee.
I arrived post-midstream and I have a lot to learn. But I have served
on this subcommittee before and I have got a great base to start with.
Charlie Dent and Debbie Wasserman Schultz developed such a good bill
that it was approved by a 47-0 vote in the full committee.
The Military Construction and Veterans Affairs bill provides
generously for our servicemembers, our veterans, their families, and
our monuments and cemeteries. Chairman Frelinghuysen and Ranking Member
Lowey have provided strong support for this bill. I appreciate their
leadership, as well as the participation of all of the members of the
subcommittee, and I especially want to thank my ranking member, Ms.
Wasserman Schultz.
The bill contains $96.9 billion in budget authority, an increase of
$4.2 billion over last year's level. The funding recommendation
includes:
$11.3 billion for military construction, which is a $412 million, or
3.8 percent, increase over the fiscal year 2018 level. The bill
includes $10.3 billion in base funding and $921 million in overseas
contingency operations funding. The level is $131 million below the
request.
$85.3 billion for the Department of Veterans Affairs, which is an
increase of nearly $4 billion, or 4.8 percent over the FY18 level, and
the same as the budget request. Of the $85.3 billion provided for VA,
$71.2 billion is for medical care for 7 million veterans. We make
important investments in many VA programs, including: mental health
treatment and suicide prevention; development of the VA electronic
health record; prevention of opioid abuse; and disability claims
processing.
And $2 billion is provided as the second year of the budget deal
commitment for infrastructure funding for VA facilities.

[[Page H4901]]

This bill supports our troops with the facilities necessary to
maintain readiness and morale at bases here in the United States and
around the world.
In addition, the bill funds our veterans healthcare and benefits
systems to ensure that our promise to care for those who have
sacrificed in defense of our Nation is met as those men and women
return home.
This is a strong bill, and I urge everyone to support it.
Mrs. LOWEY. Mr. Chairman, I am pleased to yield 5 minutes to the
gentleman from Ohio (Mr. Ryan), the ranking member of the Legislative
Branch Subcommittee.
Mr. RYAN of Ohio. Mr. Chairman, I thank the gentlewoman from New York
for yielding, and I thank her for her leadership on the Appropriations
Committee.
I also thank my partner on the Legislative Branch Subcommittee on
Appropriations, Mr. Yoder, who was chairman of the Legislative Branch
Subcommittee on Appropriations until recently. He carried out his
responsibilities as chairman in an inclusive and thoughtful manner. Not
only did we hold a budget hearing with almost every agency funded under
the bill, but we ended our markup with a bipartisan measure that gives
most of the agencies in the legislative branch their full budget
request.
Chairman Frelinghuysen is now wielding the gavel for both the full
Appropriations Committee and the Legislative Branch Subcommittee. I am
grateful for the courtesy he has shown me as full committee chair, and
in his short tenure so far as my subcommittee chair. I know he will
continue to work with me as the ranking minority member in the same
sort of respectful bipartisan manner as Mr. Yoder did.

And, of course, I would like to thank the staff on both sides of the
aisle: subcommittee clerk Jenny Panone, Tim Monahan, Adam Berg; and,
from my office, Anne Sokolov and Ryan Keating.
As Mr. Frelinghuysen noted, the Legislative Branch division of this
bill provides $3.81 billion, excluding Senate items.
With $456.4 million for the Capitol Police and $18.8 million for the
House Sergeant at Arms, we are looking after the security needs of the
Members, staff, and visitors both here in Washington and at our
district offices back home.
The bill's $5.4 million for the Office of Compliance and $147.6
million for the House chief administrative officer will support our
response to the sexual harassment that has been pervasive since longer
than any of us have been Members of Congress, but has only recently
become a national scandal.
The $642 million for the Architect of the Capitol will help continue
to reduce our backlog of deferred maintenance.
The $578.9 million for the Government Accountability Office will
bring the Federal Government's premier auditor and watchdog back up to
the staffing level it needs to root out waste, fraud, and abuse.
Those are just some of the worthwhile issues to which we are putting
taxpayer dollars in the Legislative Branch Appropriations bill.
Unfortunately, I have to oppose this bill. It isn't because the
funding for legislative branch agencies or energy and water or military
construction and veterans affairs is inadequate. On the contrary. It is
because the majority has taken the sequestration relief that Democrats
fought for, and used it all for Republican priorities in fiscal year
2019, instead of putting it toward programs that help working people
support their families and grow the middle class. That was not what we
agreed upon.
A number of the appropriations bills this year won't see an increase
at all, even though there are billions more dollars available for
domestic spending.
The Republican plan says the Labor, Health, Human Services, and
Education bill that funds the Substance Abuse and Mental Health
Services Administration and the National Institutes of Health are not
priorities, even in the face of the opioid crisis that we see in Ohio.
We are saying it isn't a priority to fund the wage and hour division
of the Department of Labor, which enforces Federal minimum wage,
overtime pay, and recordkeeping laws to prevent wage theft.
We are saying we don't care about the Bureau of International Labor
Affairs, whose mission it is to promote a fair global playing field for
workers in the U.S. and around the world by enforcing trade
commitments, strengthening labor standards, and more.
We are saying we don't care about job training and apprenticeship
programs.
But we somehow have billions of dollars for a wasteful, unnecessary,
ineffective border wall?
Shifting domestic spending away from programs that help the middle
class isn't the only way in which the majority is effectively violating
the bipartisan budget caps deal we agreed to in February.
The majority is also counting over $1 billion for bipartisan veterans
programs against the domestic spending caps, even though those dollars
were previously outside the caps. They changed the rules to move it
under the caps, and you have to spend less somewhere else. It is just
another way of squeezing out funding for Democratic priorities.
And, as we saw earlier today, they are rescinding money that we were
relying on to write 2019 spending bills that made adequate investments
in our country under the budget cap levels. Both sides understood we
would use rescinded money to cover investments in health and education,
for example, and now the Republicans are taking that away. Again,
changing the rules to squeeze out spending for programs that help
working families.
The CHAIR. The time of the gentleman has expired.
Mrs. LOWEY. Mr. Chairman, I yield an additional 30 seconds to the
gentleman.
Mr. RYAN of Ohio. Lastly, Republicans are trying to simply sit on
some of the domestic funds we agreed to in the bipartisan budget deal
in February. For example, in the financial services bill, Republicans
are taking $585 million away.
If Republicans think they can get all the way through this year's
appropriations process without bipartisan cooperation, good luck. And
to get cooperation, you have to show good faith. We had a deal, we need
to keep the deal.
Mr. Chairman, I hope we can return to working together, like we did
when we produced the fiscal year 2018 omnibus, less than 3 months ago.
There is still time. But, for today, we have to oppose this bill.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 3 minutes to
the gentleman from California (Mr. Calvert), the chairman of the
Interior, Environment, and Related Agencies Subcommittee, and thank him
for getting through such a successful markup of 5 hours yesterday
afternoon. Actually, I thank all members for their perseverance in that
regard.
Mr. CALVERT. Mr. Chairman, I rise today in strong support of these
appropriations bills on the floor.
I thank the full committee chairman, Rodney Frelinghuysen, for his
dedication to regular order. We are committed to fulfilling our
constitutional responsibility and pass these bills before the end of
the fiscal year, and I commend the relevant chairmen and ranking
members for their hard work on these bills.
One of the most important duties of Members of Congress is to provide
for the United States Armed Forces. The Military Construction and
Veterans Affairs appropriations bill does just that. In particular,
the bill provides $50 million in force protection funding for each of
the services. This money could be used for access control points, air
traffic control towers, and fire stations.

This funding is particularly important for bases near my
congressional district: March Air Reserve Base and Camp Pendleton.
March Air Reserve Base is busier than ever, including managing the
deployment of over 4,000 troops every month. In order to ensure the
safety of these brave men and women, a new main gate complex is needed.
At Camp Pendleton, the fire stations are in dire need of replacement.
Of the top six fire stations identified for replacement by the Navy,
five are at Camp Pendleton. Of the full-time stations, all but three
are spartan wood-

[[Page H4902]]

frame structures built in the 1940s. The funding in this bill would
start the process of replacing old, outdated fire stations with
contemporary structures able to respond to the needs of our United
States Marine Corps.
I also support the Energy and Water portion of the bill put forward
by my friend Mike Simpson. The robust funding for the Bureau of
Reclamation will go to critical infrastructure, including $134 million
for water storage projects. The bill includes language directing FERC
to continue working with the industry on cost-effective ways to
increase the resilience of our electric transmission system. This is
especially important following one of the worst fire seasons in
California's modern history.
The bill also provides strong funding for the Army Corps of
Engineers, allowing them to update and improve water projects
throughout the country. The report contains much-needed language for
the Murrieta Creek project in my own district. The report highlights
that the project is critical to the health, safety, and protection of
the communities of Murrieta and Temecula.
Finally, the bill also repeals the disastrous Waters of the United
States rule that would significantly restrict the ability of private
landowners to make decisions about their own property. Deciding how
water should be used is a State and local issue, not the Federal
Government.

{time} 1600

Mr. Chair, I thank the full committee chairman and ranking member,
the relevant subcommittee chairmen and ranking members, and staff for
their diligent work.
Mr. Chair, I urge passage of the bill.
Mrs. LOWEY. Mr. Chairman, I yield 5 minutes to the gentlewoman from
Florida (Ms. Wasserman Schultz), the ranking member of the Military
Construction, Veterans Affairs, and Related Agencies Subcommittee.
Ms. WASSERMAN SCHULTZ. Mr. Chairman, I thank the gentlewoman for
yielding. I also thank Chairman Frelinghuysen and former Chairman Dent
for their hard work on the bill.
Mr. Chair, I recognize Chairman Carter for taking up the reins on
this bill. It is not an easy, carefree situation to come in and take
over after a bill has been completely written and then have to manage
it. But I am confident, given the track record that I have seen
Chairman Carter have, that it is going to be an absolute pleasure to
work with him, as it has been all throughout my tenure on the
Appropriations Committee.
As you all know, the MILCON-VA bill has a strong reputation for
common ground and bipartisanship. Chairman Dent set a cooperative tone
and was inclusive throughout the process before his retirement.
The MILCON portion of the bill is up by $241 million over last year's
enacted level. In my opinion, the fiscal year 2019 request adequately
provides funding for both the Active and Reserve components.
One item that I want to point out in the MILCON portion of the bill
is new funding for enhancing security and safety. The bill includes
$150 million for enhancing much-needed force protection and safety
concerns at military installations. Too often, we had situations where
these projects were deferred for big-ticket items and then never made
it into the request.
For the Department of Veterans Affairs, title 2 is $3.9 billion over,
for a 5 percent increase above the fiscal year 2018 enacted level.
Mr. Chairman, I am also pleased the bill rejects the administration's
proposal to combine the Medical Services and Community Care accounts
into one enormous account, which was a bipartisan agreement.
Maintaining the old structure of two accounts offers us the most
transparency for the committee to both monitor and control spending in
these two areas.
Mr. Chairman, while the Military Construction-Veterans Affairs
division makes many important investments, it does fall far short in
averting the multibillion-dollar funding shortfall at the VA in both
the Choice and Community Care programs.
The majority has acknowledged this fact because included in the rule
was a self-executing amendment that added $1.1 billion to the Community
Care account to address a discretionary shortfall caused by the VA
MISSION Act, which the Democrats had repeatedly since the introduction
and passage of the MISSION Act warned the majority about.
Even with this additional $1.1 billion, the bill fails to address the
$1.6 billion shortfall in traditional Community Care due to increased
requirements. And it does nothing to address the long-term stability of
the Veterans Community Care program, which CBO now estimates will need
an additional $1 billion for fiscal year 2019 and at least $47 billion
from fiscal year 2020 to fiscal year 2023.
This future shortfall--make no mistake, you can take this to the
bank, mark my words--if we don't deal with this, will ultimately force
the VA to begin cannibalizing other critical VA priorities.
Mr. Chairman, Ranking Member Lowey submitted an amendment to the
Rules Committee that would have addressed this issue, as did Mr. Walz
in the VA authorizing process, that would have preserved the Bipartisan
Budget Act deal and prevented cuts to VA programs.
It also would have held nondefense discretionary caps for VA
negotiated under the Bipartisan Budget Act harmless when funding for
the Veterans Choice Program is transferred from mandatory to
discretionary accounts.
Another concern I have is that, despite calls to return to regular
order, as many of my colleagues have discussed here today, we are
instead taking up, completely unnecessarily--because we have plenty of
time to do this--three bills at once. This year especially, the process
should have been better.
The bipartisan budget agreement enacted in February provided us
relief from unworkable discretionary spending caps by giving this
committee a bipartisan top-line number for fiscal year 2018 and fiscal
year 2019. Yet here we are, for the second straight year, doing another
minibus. This is extremely disappointing, and it is nowhere close to
regular order.
Mr. Chairman, if we want to return to regular order, we have to know
the full 302(b) picture at the beginning of this process, not five
bills in to when we have marked up over a third of the bills that we
consider every year. We have to return to considering bills one at a
time and under an open process that allows each Member of this body to
have reasonable input.
Mr. Chairman, we cannot continue to govern in this fashion. We must
stop listening to the most extreme voices, because it is clear that
passing any appropriations bill at the end of the day that will be
signed into law is going to require a bipartisan majority of both
houses, which this minibus will not get, in my estimation.
As a result of this irresponsible posture, I am incredibly
disappointed that I will be voting against the minibus and look forward
to working towards an appropriations product that both parties have
actually worked on together and can support.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 3 minutes to the gentleman
from Tennessee (Mr. Fleischmann), a valuable member of the Energy and
Water Development and Related Agencies Subcommittee.
Mr. FLEISCHMANN. Mr. Chair, I rise to speak in support of H.R. 5895.
But before I do that, I want to thank Chairman Frelinghuysen for his
tremendous hard work and efforts and also the ranking member, Mrs.
Lowey, for her hard work on this bill as well.

Mr. Chair, this bill combines the appropriation bills for Energy and
Water Development, Military Construction and Veterans Affairs, and
Legislative Branch.
As the vice chairman of the Energy and Water Development
Subcommittee, I am especially proud to support this bill, which
reflects the hard work of the subcommittee members and staff under the
leadership of Chairman Simpson and Ranking Member Kaptur.
This bill provides robust funding for the National Nuclear Security
Administration to maintain the safety and readiness of our Nation's
nuclear weapons stockpile, addresses aging infrastructure in our
weapons complex facilities, and supports current and future missions of
our great nuclear Navy.

[[Page H4903]]

Another issue that is near and dear to me is nuclear cleanup, as both
Y-12 and the Oak Ridge National Laboratory have significant ongoing
cleanup missions.
As the chairman of the Nuclear Cleanup Caucus, I know that addressing
the legacy of the Cold War in communities around the Nation is a vital
Federal commitment. This bill provides the Department of Energy's
Office of Environmental Management with the funding it needs to
continue to live up to this commitment.
I am also pleased with the strong support in this bill for the
Department of Energy's Office of Science. Notably, this bill supports
continued investment in the area of supercomputing and supports the
Department of Energy's goal to deploy a first-in-the-world exascale
supercomputer. Much of that critical research will take place at Oak
Ridge National Laboratory.
There is also continued support for Oak Ridge National Laboratory's
high-flux neutron sources, which enable novel scientific research into
the fundamental nature of matter that can be formed nowhere else in the
world.
Funding in this bill provides critical infrastructure for our
waterways, which is essential to our economy.
Mr. Chair, I will close by reiterating my full, strong support for
this bill and encouraging all of my colleagues to support this bill and
support the incredibly important national priorities that it funds.
Mrs. LOWEY. Mr. Chairman, I yield 3 minutes to the gentleman from
Maryland (Mr. Hoyer), the Democratic whip.
Mr. HOYER. Mr. Chair, I thank the ranking member, Mrs. Lowey, for
yielding.
I rise twice today in sadness. As a member of the Appropriations
Committee, albeit on leave, I have great respect for this committee,
but I rise to express my concern with this minibus legislation.
Republicans brought it to the floor through a closed process and
without an agreement on funding levels. Doing so, of course, shuts down
debate, limits opportunity for Members to amend an appropriations bill,
and sets the House up once again to shortchange important domestic
priorities like healthcare and education.
And let me say to my friends on the majority side, who regularly and
strongly and somewhat sanctimoniously attacked putting bills together,
not considering them one at a time, and have now repaired to this `bus
system, they are putting America under the bus. And they are putting
regular order under the bus. And they are putting the ability to
consider bills under the bus.
This minibus includes problematic cuts to funding for renewable
energy programs, changes to gun safety rules, and a weakening of
environmental protections. So if you are for MILCON and you are for the
Leg bill, you ought to vote for the stuff you don't like. That is what
this process does to all of us.
I am also particularly concerned with the title funding the
legislative branch. Most people won't talk about this, but, yes, I am
known as a person of this institution, and I am proud of it. I am also
proud that I have fought for Members for over two decades as a leader.
As many of my colleagues are aware but few Americans might be, the
people's Representatives have been asked to do more and more each year
with fewer and fewer resources. The Members' Representational Allowance
exists in order to ensure that Members and their staff can serve their
districts and constituents in the most effective and responsible way
possible.
For example, my office--and all of yours--uses its resources to help
veterans navigate the VA system, help seniors collect their Social
Security benefits, and to advocate for our district's critical military
and civilian installations.
Sadly, Mr. Speaker, the MRA is often considered the low-hanging fruit
of discretionary cuts, a political messaging freebie that has no
constituency to advocate on its behalf.
The CHAIR. The time of the gentleman has expired.
Mrs. LOWEY. Mr. Chair, I yield an additional 1 minute to the
gentleman from Maryland.
Mr. HOYER. As result, the MRA today has shrunk to 85 percent of what
it was 8 years ago. Meanwhile, the population of the United States has
grown by an estimated 19 million people. Less service for our people.
That is why I wrote the Appropriations Committee and asked the MRA be
funded at least at 2010 levels, 8 years ago. I am disappointed that was
not done.
At the same time--and, Members, hear this, because most of you won't
say it because you are afraid that somehow your constituents will make
you pay the price--we have once again frozen the cost-of-living
adjustment as the costs go up in Washington, D.C.
I don't ask for a raise for Members, but I do ask that they be kept
at the same level. We ought to stop all this hair-shirting in this body
and treat Members with the respect that they deserve.
Mr. Chair, I will vote against this bill. I will vote against this
bill because it is bad process and bad product and lets the American
people down.
Mr. FRELINGHUYSEN. Mr. Chair, I yield 3 minutes to the gentleman from
Florida (Mr. Rutherford), a new member of the House Appropriations
Committee.
Mr. RUTHERFORD. Mr. Chair, I thank Chairman Frelinghuysen for his
leadership on this bill with scores of amendments through committee.
Mr. Chair, I rise today in strong support of H.R. 5895, the Energy
and Water, Legislative Branch, and Military Construction and Veterans
Affairs Appropriations Act for Fiscal Year 2019.
This bill makes key investments in water resources infrastructure and
coastal flood protection, increases funding for veterans healthcare and
benefits, bolsters our military assets, and increases funding for the
Capitol Police by $29 million.
Of great importance to my district, Mr. Chair, in northeast Florida
is the MILCON appropriation, which includes $111 million for two much-
needed facilities for the training and support of the littoral combat
ship crews at Naval Station Mayport. These facilities will ensure that
the LCS crews are efficiently and adequately trained as we continue to
rebuild our fleet and deploy these ships in the future.
Mr. Chair, I am grateful to former Chairman Dent, Chairman Carter,
the committee staff, and my colleagues for their hard work on this
package, and I urge its passage.

{time} 1615

Mrs. LOWEY. Mr. Chairman, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 3 minutes to the gentleman
from Washington State (Mr. Newhouse).
Mr. NEWHOUSE. Mr. Chair, I thank Chairman Frelinghuysen as well as
Chairman Simpson for their hard work on this package of bills.
Mr. Chairman, I rise in support of H.R. 5895, which includes the
fiscal year 2019 Energy and Water Development Appropriations bill.
Of all the funding bills I work on with my colleagues on the
Appropriations Committee, the Energy and Water legislation is one of
the most important for my district of central Washington.
From supporting the continued cleanup efforts at the Hanford nuclear
site to boosting the groundbreaking scientific research conducted at
the Pacific Northwest National Laboratory, to aiding the vitally
important water projects managed and developed by both the Army Corps
of Engineers as well as the Bureau of Reclamation, this bill is
composed of important resources for central Washington.
Regarding Hanford, I am proud this bill restores more than $200
million from the President's request for the Richland office to
continue providing for continued safe and effective cleanup operations
onsite.
I am also pleased with the restoration of more than $40 million to
the Office of River Protection to continue important work on the 56
million gallons of radioactive nuclear waste that is stored at the
site.
I remain steadfast in my commitment to holding the Federal Government
accountable to its moral and legal obligation to the cleanup of the
Hanford site, and this bill does precisely that, so thank you.
I am also encouraged by this legislation's demonstrated commitment to

[[Page H4904]]

moving forward with Yucca Mountain as the lead geological repository
for legacy waste and spent nuclear fuel, as well as the continued
commitment to support science, including robust funding for Basic
Energy Sciences, cybersecurity, and the National Nuclear Security
Administration. These programs are important for the groundbreaking
work conducted at PNNL to tackle some of the most challenging problems
in energy, the environment, and in national security.
Finally, this legislation includes a provision that I authored to
stop the dangerous, antiscience forced spill order currently in effect
on the eight lower Snake and lower Columbia River dams, which began in
early April of this year.
Just a week ago, Mr. Chairman, we received news from the Army Corps
that fish managers are having to take measures to manage the effects of
this reckless spill order. High flow rates from the forced spill are
causing fish to stall in their migration upstream, with only 300 to 400
spring chinook passing through Little Goose Dam in late May. However,
after the Corps reduced the spill rate by just 20 percent a week ago,
the daily passage rose to 2,689 fish. This demonstrates the strain the
spill order is placing on our endangered species.
Some of my colleagues refuse to acknowledge this unambiguous
scientific data and claim to support endangered fish species with their
words.
The CHAIR. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Mr. Chair, I yield the gentleman an additional 15
seconds.
Mr. NEWHOUSE. Mr. Chair, they claim to support the endangered species
with their words but not with their actions.
I am proud to have advocated for the inclusion of this language to
stop this misguided spill to help save our fish and save our dams.
I urge a ``yes'' vote on H.R. 5895.
Mrs. LOWEY. Mr. Chairman, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 2 minutes to the gentleman
from Alabama (Mr. Aderholt), chairman of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Subcommittee on Appropriations.
Mr. ADERHOLT. Mr. Chairman, I rise today in support of this first
package of FY 2019 appropriations bills. This combined bill that we are
talking about today is the start of the process, and it is a good
example of how the House is doing its job.
We have had a lot of hearings and we have had a lot of meetings with
administration officials over the last several months, and we have
talked about their budget and how they justified it and how we are
moving through the process.
The Appropriations Committee has now taken action. We have marked up
and passed these bills that are before us out of the subcommittee. We
have passed them out of the committee. The House has taken action with
this legislative package that we will pass tomorrow, and now it is the
Senate's turn.
Mr. Chairman, let me point out that the Senate has passed just two
appropriations bills through subcommittee and full committee and had
floor votes in the Senate since 2012, just two standalone bills in 6
years.
Mr. Chairman, certainly I think it is a real problem. The House is
doing its job and it is time for the Senate to do theirs, and they may
have to stay in session during the month of August to get their work
done.
The President has promised that he will not sign another 12-bill
package omnibus bill. We are doing our part here to ensure the process
moves forward and that we have the bills to conference with the Senate
once they are completed. So I urge my colleagues to support this three-
bill package to fund our veterans' healthcare, infrastructure package,
and these other important programs.
Mrs. LOWEY. Mr. Chairman, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 2 minutes to the gentleman
from California (Mr. Valadao), a great member of the Appropriations
Committee.
Mr. VALADAO. Mr. Chairman, as a member of the committee of
jurisdiction, I am proud to rise today in strong support of the fiscal
year 2019 Military Construction and Veterans Affairs Appropriations
bill.

Our military servicemembers have made immeasurable sacrifices for our
Nation, and we are forever indebted to the brave men and women who have
served. Providing access to benefits ranging from medical care to
education opportunities is a small, yet important, symbol of gratitude
for their service.
The bill before us today improves the management of the VA facilities
across the Nation and rebuilds our military infrastructure at
facilities such as Naval Air Station Lemoore in California's 21st
Congressional District, the district I have the honor of representing.
But, most importantly, the legislation ensures our veterans get the
care they deserve. In fact, I am proud to say this historic piece of
legislation provides the VA with more financial resources than any
other previous year, resources desperately needed in order to ensure
our veterans receive the services and treatment they have earned and
truly deserve.
In rural areas like California's Central Valley, where unemployment
is high and primary care options are limited, healthcare options are,
unfortunately, inadequate. This is especially true for our Nation's
veterans living in rural America. However, this package delivers
targeted, results-oriented solutions to increase access to healthcare
for 3 million veterans living in rural communities across the Nation.
On top of that, more than 450,000 veterans from coast to coast are
waiting to be compensated for medical claims they have submitted to the
VA, and this is simply unacceptable. As a result of this legislation,
we can cut through that backlog and provide our veterans with the
financial relief they desperately need.
Mr. Chairman, I stand here today representing the 22,000 veterans who
call California's 21st Congressional District home. They have
sacrificed so much for us and it is past time that we repay the favor.
Mrs. LOWEY. Mr. Chairman, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 4 minutes to the gentleman
from Idaho (Mr. Simpson), chairman of the Energy and Water Development,
and Related Agencies Subcommittee.
Mr. SIMPSON. Mr. Chairman, I yield to the gentleman from Utah (Mr.
Curtis) for the purpose of a colloquy.
Mr. CURTIS. Mr. Chairman, I rise today in support of increased
funding for the Moab UMTRA project in the underlying legislation. This
bill would fund the site cleanup at $42 million, an increase of
approximately $4 million over last year's funding.
Located just across the street from Arches National Park, the Energy
Department is currently undertaking the largest uranium mill tailing
pile relocation in the United States. Once the cleanup is complete,
this valuable real estate can be used for a wide variety of economic
and other uses in the area.
I appreciate the leadership of Chairman Simpson on this issue as well
as his support of other programs that are important to the West within
his subcommittee. I urge my colleagues to support funding for the Moab
UMTRA project as well as the underlying legislation.
Mr. SIMPSON. Reclaiming my time, I appreciate my colleague's support
for the cleanup activities of the Department of Energy.
The bill provides $62 million for the cleanup at DOE's nondefense
small sites, $7.1 million above the budget request. Within that,
funding for the Moab uranium mill tailings site is available at $42
million. We would be pleased to work with the gentleman from Utah on
expediting cleanup of the site and appreciate his support for the
underlying legislation.
Mr. CURTIS. I would like to thank Chairman Simpson for his support of
the Moab UMTRA cleanup. I look forward to continuing to work on this
issue as well as other issues that can benefit our constituents and the
American people.
Again, I urge my colleagues to vote in support of this bill.
Mrs. LOWEY. Mr. Chairman, I yield myself the balance of my time to
close.
I urge all of my colleagues to vote ``no'' on this bill, which guts
critical

[[Page H4905]]

investments in clean energy, guts clean water protection.
The Republican raw deal prioritizes President Trump's border wall and
deportation force over much-needed increases to services that help
American families, from early childhood education, job training, to
securing the sanctity of our elections.
I vote ``no,'' and I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to urge Members to vote
for this three-bill package. I know that both Members of the majority
and minority have worked hard on those bills. I think it is important
we deliver this package for the American people.
I yield back the balance of my time.
Ms. LEE. Mr. Chair, I thank Ranking Member Lowey for yielding and for
her tireless work.
Mr. Chair, as a member of the Appropriations Committee, I rise in
strong opposition to this bill--H.R. 5895--the Fiscal Year 2019 Energy
and Water, Leg Branch, and MilconVA spending bills.
This Republican minibus fails to protect the health, security, and
safety of the American people.
And really, this bill is an attempt to block critical funding for
education, health, and the economic security.
Once again, Republicans are funding defense at the expense of
priorities here at home.
This is shameful and short-sighted.
Mr. Chair, the Pentagon does not need more funding. A Washington Post
report in 2016 exposed $125 billion in waste, fraud and abuse at the
Pentagon. But rather than come clean, leaders at the Pentagon chose to
bury the report and continue wasting taxpayer dollars.
Yet, Republicans want to increase Defense spending by $17 billion.
Mr. Chair--instead of making defense contractors even richer, how about
we start helping struggling families home at home?
At a time when we should invest robustly in the American people,
Republicans are doing just the opposite.
The partisan bill before us cuts vital clean energy initiatives,
attacks job-creating investments, and slashes funds for nuclear non-
proliferation efforts.
All this bill does is make it harder to grow the economy and for
hardworking Americans to succeed.
By flat funding four of our most important domestic spending bills--
including Labor, HHS, and Education, the funding subcommittee I sit
on--there will be less money for job training, education, and public
health.
This is a shame, Mr. Chair.
And I am sad to say that with the flat funding of many of our bills--
people will lose out.
Ameicans want good-paying jobs. They want to be able to see a doctor
when they're sick. They want safe schools to send their kids to.
But instead, Republicans keep shortchanging families so that
billionaires, polluters and defense contractors can pad their pockets.
This bill is a disgrace. I urge my colleagues to vote no.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
An amendment in the nature of a substitute consisting of the text of
Rules Committee Print 115-71 shall be considered as adopted, and the
bill, as amended, shall be considered as an original bill for the
purpose of further amendment under the 5-minute rule and shall be
considered as read.
The text of the bill, as amended, is as follows:

H.R. 5895

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

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''.

DIVISION A--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for energy and water
development and related agencies for the fiscal year ending
September 30, 2019, and for other purposes, namely:

TITLE I

CORPS OF ENGINEERS--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related efforts.

investigations

For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects, and related efforts prior to
construction; for restudy of authorized projects; and for
miscellaneous investigations, and, when authorized by law,
surveys and detailed studies, and plans and specifications of
projects prior to construction, $128,000,000, 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); $2,323,000,000, 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
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 August
31, 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,
$430,000,000, 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, $3,820,000,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for
inland harbors shall be derived from the Harbor Maintenance
Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the
Land and Water Conservation Fund Act of 1965 shall be derived
from that account for resource protection, research,
interpretation, and maintenance activities related to
resource protection in the areas at which outdoor recreation
is available; and of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall
be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which such fees have
been collected: Provided, That 1 percent of the total amount
of funds provided for each of the programs, projects, or
activities funded under this heading shall not be allocated
to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for
use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be
necessary and appropriate, and that the Chief of Engineers
shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities
proportionally in accordance with the amounts provided for
the programs, projects, or activities.

regulatory program

For expenses necessary for administration of laws
pertaining to regulation of navigable

[[Page H4906]]

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, $187,000,000, 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 report of the
Committee on Appropriations accompanying this Act) to
specific programs, projects, or activities.

GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

(including transfer of funds)

Sec. 101. (a) None of the funds provided in this title
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;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) increases funds for any program, project, or activity
by more than $2,000,000 or 10 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $2,000,000 or 10 percent, whichever is less.
(b) Subsection (a)(1) shall not apply to any project or
activity authorized under section 205 of the Flood Control
Act of 1948, section 14 of the Flood Control Act of 1946,
section 208 of the Flood Control Act of 1954, section 107 of
the River and Harbor Act of 1960, section 103 of the River
and Harbor Act of 1962, section 111 of the River and Harbor
Act of 1968, section 1135 of the Water Resources Development
Act of 1986, section 206 of the Water Resources Development
Act of 1996, or section 204 of the Water Resources
Development Act of 1992.
(c) The Corps of Engineers shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress 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. 102. 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. 103. 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. 104. 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. 105. 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. 106. 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. 107. Notwithstanding section 404(f)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(f)(2)), 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. 108. The final rule issued by the Administrator of
the Environmental Protection Agency and the Secretary of the
Army entitled ``Clean Water Rule: `Definition of Waters of
the United States' '' (80 Fed. Reg. 37053 (June 29, 2015)) is
repealed, and, until such time as the Administrator and the
Secretary issue a final rule after the date of enactment of
this Act defining the scope of waters protected under the
Federal Water Pollution Control Act and such new final rule
goes into effect, any regulation or policy revised under, or
otherwise affected as a result of, the rule repealed by this
section shall be applied as if that repealed rule had not
been issued.
Sec. 109. As of the date of enactment of this Act and each
fiscal year thereafter, the Secretary of the Army shall not
promulgate or enforce any regulation that prohibits an
individual from possessing a firearm, including an assembled
or functional firearm, at a water resources development
project covered under section 327.0 of title 36, Code of
Federal Regulations (as in effect on the date of enactment of
this Act), if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the water resources development
project is located.
Sec. 110. 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.

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, $1,381,992,000, 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 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

[[Page H4907]]

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 this title
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 for any program, project, or activity
for which funds have been denied or restricted by this Act;
(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
both Houses of Congress;
(5) transfers funds in excess of the following limits--
(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; 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.
(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 both
Houses of Congress 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. None of the funds in this Act shall be available
to implement the Stipulation of Settlement (Natural Resources
Defense Council, et al. v. Kirk Rodgers, et al., Eastern
District of California, No. Civ. 9 S-88-1658 LKK/GGH) or
subtitle A of title X of Public Law 111-11.
Sec. 206. None of the funds in this Act shall be available
for the purchase of water in the State of California to
supplement instream flow within a river basin that has
suffered a drought within the last two years.
Sec. 207. Section 9(c)(1) of the Reclamation Project Act
of 1939 (43 U.S.C. 485h(c)(1)) is amended by inserting ``and
pumped storage hydropower development exclusively using
Bureau of Reclamation reservoirs'' after ``including small
conduit hydropower development''.

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, $2,078,640,000, to
remain available until expended: Provided, That of such
amount, $153,700,000 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, $146,000,000, 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, $175,000,000, 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, $1,346,090,000, to remain available until
expended: Provided, That of such amount, $66,500,000 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), $785,000,000, 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.), $252,000,000,
to remain available until expended:

[[Page H4908]]

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 (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, $240,000,000, 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, $870,000,000,
to be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $32,959,000 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 and one airplane for replacement only,
including one bus, $6,600,000,000, to remain available until
expended: Provided, That of such amount, $183,000,000 shall
be available until September 30, 2020, for program direction.

Nuclear Waste Disposal

For Department of Energy expenses necessary for nuclear
waste disposal activities to carry out the purposes of the
Nuclear Waste Policy Act of 1982 (Public Law 97-425), as
amended (hereinafter referred to as the ``NWPA''), including
the acquisition of any real property or facility
construction, or expansion, $190,000,000, to remain available
until expended, and to be derived from the Nuclear Waste
Fund: Provided, That of the funds made available in this Act
for nuclear waste disposal and defense nuclear waste disposal
activities, 1.62 percent shall be provided to the Office of
the Attorney General of the State of Nevada solely for
expenditures, other than salaries and expenses of State
employees, to conduct scientific oversight responsibilities
and participate in licensing activities pursuant to the NWPA:
Provided further, That of the funds made available in this
Act for nuclear waste disposal and defense nuclear waste
disposal activities, 2.91 percent shall be provided to
affected units of local government, as defined in the NWPA,
to conduct appropriate activities and participate in
licensing activities under Section 116(c) of the NWPA:
Provided further, That of the amounts provided to affected
units of local government, 7.5 percent shall be made
available to affected units of local government in California
with the balance made available to affected units of local
government in Nevada for distribution as determined by the
Nevada affected units of local government: Provided further,
That of the funds made available in this Act for nuclear
waste disposal and defense nuclear waste disposal activities,
0.16 percent shall be provided to the affected Federally-
recognized Indian tribes, as defined in the NWPA, solely for
expenditures, other than salaries and expenses of tribal
employees, to conduct appropriate activities and participate
in licensing activities under section 118(b) of the NWPA:
Provided further, That of the funds made available in this
Act for nuclear waste disposal and defense nuclear waste
disposal activities, 3.0 percent shall be provided to Nye
County, Nevada, 0.05 percent shall be provided to Clark
County, Nevada, and 0.46 percent shall be provided to the
State of Nevada as payment equal to taxes under section
116(c)(3) of the NWPA: Provided further, That within 90 days
of the completion of each Federal fiscal year, the Office of
the Attorney General of the State of Nevada, each affected
Federally-recognized Indian tribe, and each of the affected
units of local government shall provide certification to the
Department of Energy that all funds expended from such
payments have been expended for activities authorized by the
NWPA and this Act: Provided further, That failure to provide
such certification shall cause such entity to be prohibited
from any further funding provided for similar activities:
Provided further, That none of the funds herein appropriated
may be: (1) used for litigation expenses; (2) used for
interim storage activities; or (3) used to support multi-
State efforts or other coalition building activities
inconsistent with the restrictions contained in this Act:
Provided further, That all proceeds and recoveries realized
by the Secretary in carrying out activities authorized by the
NWPA, including but not limited to any proceeds from the sale
of assets, shall be credited to this account, to remain
available until expended, for carrying out the purposes of
this account.

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), $325,000,000, to remain
available until expended: Provided, That of such amount,
$29,250,000 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 to carry out this Loan
Guarantee program, $32,000,000 is appropriated from fees
collected in prior years pursuant to section 1702(h) of the
Energy Policy Act of 2005 which are not otherwise
appropriated, to remain available until September 30, 2020:
Provided further, That if the amount in the previous proviso
is not available from such fees, an amount for such purposes
is also appropriated from the general fund so as to result in
a total amount appropriated for such purpose of no more than
$32,000,000: Provided further, That fees collected pursuant
to such section 1702(h) for fiscal year 2019 shall be
credited as offsetting collections under this heading and
shall not be available until appropriated: 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.

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.), $280,524,000, 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 $184,524,000.

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,
$11,200,000,000, to remain available until expended:
Provided, That of such amount,

[[Page H4909]]

$102,022,000 shall be available until September 30, 2020, for
program direction.

Defense Nuclear Nonproliferation

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed three aircraft, $1,902,000,000, to remain
available until expended.

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, $422,529,000,
to remain available until September 30, 2020, including
official reception and representation expenses not to exceed
$12,000.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Environmental Cleanup

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed one passenger minivan for replacement only,
$5,759,220,000, to remain available until expended: Provided,
That of such amount, $295,000,000 shall be available until
September 30, 2020, for program direction.

Other Defense Activities

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $870,300,000, to remain available until
expended: Provided, That of such amount, $301,085,000 shall
be available until September 30, 2020, for program direction.

Defense Nuclear Waste Disposal

For Department of Energy expenses necessary for nuclear
waste disposal activities to carry out the purposes of the
Nuclear Waste Policy Act of 1982, as amended, including the
acquisition of real property or facility construction or
expansion, $30,000,000, to remain available until expended.

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
$55,360,000 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 $10,000,000 collected
by the Southwestern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).

Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration

For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, $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 $180,408,000 collected
by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of
1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).

Falcon and Amistad Operating and Maintenance Fund

For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$5,207,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $4,979,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2019 appropriation estimated at
not more than $228,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2019, the
Administrator of the Western Area Power Administration may
accept up to $122,000 in funds contributed by United States
power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which
contributed in like manner as if said sums had been
specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further
appropriation and without fiscal year limitation for use by
the Commissioner of the United States Section of the
International Boundary and

[[Page H4910]]

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 ``Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the report of the Committee on
Appropriations accompanying this Act.
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify 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. (a) Funds provided by this Act for Project 99-D-
143, Mixed Oxide Fuel Fabrication Facility, and any funds
provided by prior Acts for such Project that remain
unobligated, may be made available only for construction and
project support activities for such Project.
(b) The Secretary of Energy may waive the requirement under
subsection (a) if the Secretary concurrently submits to the
Committees on Appropriations of both Houses of Congress--
(1) the commitment, certification, and details described in
section 3121(b) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1892); and
(2) the lifecycle cost estimate used to make such
certification.
(c) If the Secretary waives the requirements under
subsection (a), the Secretary may not use funds provided for
the Project described in such subsection to eliminate such
Project until the date that is 30 days after the submission
of the lifecycle cost estimate required under subsection
(b)(2).
Sec. 309. 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

[[Page H4911]]

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.
Sec. 310. (a) Report.--The Secretary of Energy shall submit
to Congress and the State of Nevada a report on the potential
of locating a reprocessing or recycling facility for spent
nuclear fuel near the Yucca Mountain site.
(b) Contents.--The Secretary shall include in the report
required under subsection (a) a description of--
(1) the energy technology benefits associated with a
reprocessing or recycling facility for spent nuclear fuel;
(2) the potential economic benefits for the host community
associated with such a facility, including employment,
infrastructure development, and workforce development
benefits;
(3) the energy and national security implications for the
supply and availability of nuclear fuel associated with such
a facility; and
(4) the potential for locating other nuclear fuel cycle
facilities near the Yucca Mountain site, such as an
enrichment facility for national defense purposes.
(c) Consultation.--In preparing the report required under
subsection (a), the Secretary shall consult with institutions
in the Nevada System of Higher Education, as defined by the
State of Nevada, with prior reprocessing research experience.
(d) Yucca Mountain Site Defined.--In this section, the term
``Yucca Mountain site'' has the meaning given that term in
section 2(30) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101(30)).

TITLE IV

INDEPENDENT AGENCIES

Appalachian Regional Commission

For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $155,000,000, to
remain available until expended.

Defense Nuclear Facilities Safety Board

salaries and expenses

For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $31,243,000, to remain available until
September 30, 2020.

Delta Regional Authority

salaries and expenses

For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382F(d), 382M, and 382N of said Act, $15,000,000, 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, $12,000,000, 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.

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, $953,050,000, including official
representation expenses not to exceed $25,000, to remain
available until expended, of which $47,700,000 shall be
derived from the Nuclear Waste Fund: 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
$763,640,000 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 $9,896,000
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 $189,410,000:
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, except that the amounts provided under this
proviso shall not be derived from fee revenues,
notwithstanding 42 U.S.C. 2214.

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 report of the Committee on
Appropriations accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which
funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or
activity, including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.

TITLE V

GENERAL PROVISIONS

Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the report of the
Committee on Appropriations

[[Page H4912]]

accompanying this Act, or any authority whereby a department,
agency, or instrumentality of the United States Government
may provide goods or services to another department, agency,
or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government
may be transferred to accounts funded in title III of this
Act, except pursuant to a transfer made by or transfer
authority provided in this Act or any other appropriations
Act for any fiscal year, transfer authority referenced in the
report of the Committee on Appropriations accompanying this
Act, or any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred,
and shall not replace or modify existing notification
requirements for each authority.
Sec. 503. 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. None of the funds made available by this Act may
be used to further implementation of the coastal and marine
spatial planning and ecosystem-based management components of
the National Ocean Policy developed under Executive Order No.
13547 of July 19, 2010.
Sec. 506. None of the funds made available in this Act, or
federal funds provided from any other source, may be used to
operate the Federal Columbia River Power System hydroelectric
dams in a manner that is inconsistent with the Army Corps of
Engineers' 2017 Fish Operations Plan.
Sec. 507. None of the funds made available by this Act may
be used for the removal of any federally owned or operated
dam unless the removal was previously authorized by Congress.
Sec. 508. None of the funds made available by this Act may
be used to conduct closure of adjudicatory functions,
technical review, or support activities associated with the
Yucca Mountain geologic repository license application, or
for actions that irrevocably remove the possibility that
Yucca Mountain may be a repository option in the future.

references to act

Sec. 509. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.

references to report

Sec. 510. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-697. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.

spending reduction account

Sec. 511. The amount by which the applicable allocation of
new budget authority made by the Committee on Appropriations
of the House of Representatives under section 302(b) of the
Congressional Budget Act of 1974 exceeds the amount of
proposed new budget authority is $0.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2019''.

DIVISION B--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2019

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Legislative
Branch for the fiscal year ending September 30, 2019, and for
other purposes, namely:

TITLE I

LEGISLATIVE BRANCH

HOUSE OF REPRESENTATIVES

Salaries and Expenses

For salaries and expenses of the House of Representatives,
$1,232,143,035, as follows:

House Leadership Offices

For salaries and expenses, as authorized by law,
$25,378,875, including: Office of the Speaker, $7,123,634,
including $25,000 for official expenses of the Speaker;
Office of the Majority Floor Leader, $2,642,739, including
$10,000 for official expenses of the Majority Leader; Office
of the Minority Floor Leader, $7,751,946, including $10,000
for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$2,197,163, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the
Chief Deputy Minority Whip, $1,700,079, including $5,000 for
official expenses of the Minority Whip; Republican
Conference, $2,186,819; Democratic Caucus, $1,776,495:
Provided, That such amount for salaries and expenses shall
remain available from January 3, 2019 until January 2, 2020.

Members' Representational Allowances

Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail

For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$573,630,000.

Committee Employees

Standing Committees, Special and Select

For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $127,903,173:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2020, except that
$4,000,000 of such amount shall remain available until
expended for committee room upgrading.

Committee on Appropriations

For salaries and expenses of the Committee on
Appropriations, $23,112,971, including studies and
examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance
with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for
services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31,
2020.

Tom Lantos Human Rights Commission

For salaries and expenses of the Tom Lantos Human Rights
Commission established under House Resolution 1451, One
Hundred Tenth Congress, $230,000: Provided, That such amount
shall remain available for such salaries and expenses from
January 3, 2019 until January 3, 2020.

Salaries, Officers and Employees

For compensation and expenses of officers and employees, as
authorized by law, $217,845,000, 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, $147,558,000,
of which $11,631,000 shall remain available until expended;
for salaries and expenses of the Office of the Inspector
General, $5,019,000; for salaries and expenses of the Office
of General Counsel, $1,502,000; for salaries and expenses of
the Office of the Parliamentarian, including the
Parliamentarian, $2,000 for preparing the Digest of Rules,
and not more than $1,000 for official representation and
reception expenses, $2,026,000; for salaries and expenses of
the Office of the Law Revision Counsel of the House,
$3,327,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $9,937,000; for salaries
and expenses of the Office of Interparliamentary Affairs,
$814,000; for other authorized employees, $584,000.

Allowances and Expenses

For allowances and expenses as authorized by House
resolution or law, $264,043,016, including: supplies,
materials, administrative costs and Federal tort claims,
$525,016; official mail for committees, leadership offices,
and administrative offices of the House, $190,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $239,000,000, to remain
available until March 31, 2020; Business Continuity and
Disaster Recovery, $16,186,000 of which $5,000,000 shall
remain available until expended; transition activities for
new members and staff, $3,000,000, to remain available until
expended; Wounded Warrior Program $2,750,000, 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

[[Page H4913]]

Representatives (including a Delegate or Resident
Commissioner to the Congress) unless the Member requests a
copy.
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.

delivery of congressional record

Sec. 112. (a) None of the funds made available in any
fiscal year may be used to deliver a printed copy of any
version of the Congressional Record to the office of a Member
of the House of Representatives (including a Delegate or
Resident Commissioner to the Congress).
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.

limitation on amount available to lease vehicles

Sec. 113. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount
that exceeds $1,000 for the vehicle in any month.

limitation on printed copies of u.s. code to house

Sec. 114. (a) None of the funds made available in any
fiscal year may be to provide an aggregate number of more
than 50 printed copies of any edition of the United States
Code to all offices of the House of Representatives.
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.

delivery of reports of disbursements

Sec. 115. (a) None of the funds made available in any
fiscal year may be used to deliver a printed copy of the
report of disbursements for the operations of the House of
Representatives under section 106 of the House of
Representatives Administration Reform Technical Corrections
Act (2 U.S.C. 5535) to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress).
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.

delivery of daily calendar

Sec. 116. (a) None of the funds made available in any
fiscal year may be used to deliver to the office of a Member
of the House of Representatives (including a Delegate or
Resident Commissioner to the Congress) a printed copy of the
Daily Calendar of the House of Representatives which is
prepared by the Clerk of the House of Representatives.
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.

delivery of congressional pictorial directory

Sec. 117. (a) None of the funds made available in any
fiscal year may be used to deliver a printed copy of the
Congressional Pictorial Directory to the office of a Member
of the House of Representatives (including a Delegate or
Resident Commissioner to the Congress).
(b) This section shall apply with respect to fiscal year
2019 and each succeeding fiscal year.

repeal of authorizations for former speakers

Sec. 118. (a) Repeal of Authorizations for Office Space,
Office Expenses, Franking and Printing Privileges, and
Staff.--The first section and sections 2, 4, 5, and 8 of
House Resolution 1238, Ninety-first Congress, agreed to
December 22, 1970 (as enacted into permanent law by chapter
VIII of the Supplemental Appropriations Act, 1971) (2 U.S.C.
5125(a), 5126, 5127, 5128, and 5129) are repealed.
(b) Conforming Amendment.--Subsection (b) of the first
section of Public Law 93-532 (2 U.S.C. 5125(b)) is repealed.
(c) Effective Date.--The amendments made by this section
shall apply with respect to any individual who serves as a
Representative in Congress during the One Hundred Fifteenth
Congress or any succeeding Congress.

adjustments to compensation

Sec. 119. Notwithstanding any other provision of law, no
adjustment shall be made under section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 4501)
(relating to cost of living adjustments for Members of
Congress) during fiscal year 2019.

transfer authority

Sec. 120. (a) Authority To Make Transfers Among House
Leadership Offices.--Section 101 of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 5507) is amended by adding
at the end the following new subsection:
``(f) Amounts appropriated for any fiscal year for the
House of Representatives under the heading `House Leadership
Offices' may be transferred among and merged with the various
offices and activities under such heading, effective upon the
expiration of the 21-day period (or such alternative period
that may be imposed by the Committee on Appropriations of the
House of Representatives) which begins on the date such
Committee has been notified of the transfer.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to fiscal year 2019 and each
succeeding fiscal year.

JOINT ITEMS

For Joint Committees, as follows:

Joint Economic Committee

For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.

Joint Committee on Taxation

For salaries and expenses of the Joint Committee on
Taxation, $11,169,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
For other joint items, as follows:

Office of the Attending Physician

For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,740,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned
to the Office of the Attending Physician, which shall be
advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and
other expenses are payable and shall be available for all the
purposes thereof, $3,798,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.

Office of Congressional Accessibility Services

Salaries and Expenses

For salaries and expenses of the Office of Congressional
Accessibility Services, $1,486,000, to be disbursed by the
Secretary of the Senate.

CAPITOL POLICE

Salaries

For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions
for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$374,804,000 of which overtime shall not exceed $47,000,000
unless the Committee on Appropriations of the House and
Senate are notified, to be disbursed by the Chief of the
Capitol Police or his designee.

General Expenses

For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and
reception expenses, $81,554,000, to be disbursed by the Chief
of the Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law
Enforcement Training Center for fiscal year 2019 shall be
paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.

OFFICE OF COMPLIANCE

Salaries and Expenses

For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $5,410,000, of which $550,000
shall remain available until September 30, 2019: 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.

Administrative Provision

relocation expenses

Sec. 130. (a) Authorizing Payment of Relocation Expenses.--
Amounts made available for salaries and expenses of the
Congressional Budget Office for a fiscal year may be used to
reimburse new employees of the Office for relocation expenses
if the Director of the Office determines that reimbursing
such expenses is of sufficient benefit or value to the
Office.
(b) Effective Date.--This section shall apply with respect
to fiscal year 2019 and each succeeding fiscal year.

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, $44,379,000, of which $17,731,000
shall remain available until September 30, 2023.

[[Page H4914]]

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 $127,552,000 shall remain available until September 30,
2023, and of which $62,000,000 shall remain available until
expended for the restoration and renovation of the Cannon
House Office Building; Provided, That of the amount made
available under this heading, $7,000,000 shall be derived by
transfer from the House Office Building Fund established
under section 176(d) of the Continuing Appropriations Act,
2017, as added by section 101(3) of the Further Continuing
Appropriation Act, 2017 (Public Law 114-254; 2 U.S.C. 2001
note).
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available
until expended.

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, $118,980,000, of which $36,292,000
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, $70,201,000, of which $42,079,000
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, $52,542,000, of which $26,605,000 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. 140. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or
programs for which the contractor is behind schedule or over
budget, unless the Architect of the Capitol, or agency-
employed designee, determines that any such deviations are
due to unforeseeable events, government-driven scope changes,
or are not significant within the overall scope of the
project and/or program.

scrims

Sec. 141. (a) None of the funds made available in any
fiscal year 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. 142. (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 or instrumentality of the
United States Government 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. 143. (a) Increase.--Section 1201(a)(1) of the
Legislative Branch Appropriations Act, 2003 (2 U.S.C.
1821(a)(1)) is amended by striking ``$100,000'' and inserting
``$250,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to fiscal year 2019 and each
succeeding fiscal year.

interagency details

Sec. 144. (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. 145. (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

[[Page H4915]]

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, $493,818,272, 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
$6,350,000: 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, $8,589,000 shall remain available until
expended for the digital collections and educational
curricula program: Provided further, That of the total amount
appropriated, $1,133,000 shall remain available until
expended for upgrade of the Legislative Branch Financial
Management System: Provided further, That of the total amount
appropriated, $20,000,000 is provided to enhance public
exhibits and visitor services at the Library to remain
available until expended, may be obligated and expended only
upon written approval by the Committee on Appropriations of
the House of Representatives and the Senate, following review
of a project plan.

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. 150. (a) In General.--For fiscal year 2019, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$194,608,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library
in appropriations Acts for the legislative branch.

GOVERNMENT PUBLISHING OFFICE

Congressional Publishing

(including transfer of funds)

For authorized publishing of congressional information and
the distribution of congressional information in any format;
publishing of Government publications authorized by law to be
distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to
be distributed without charge to the recipient, $79,000,000:
Provided, That this appropriation shall not be available for
paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners
or Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall
be available for the payment of obligations incurred under
the appropriations for similar purposes for fiscal year 2019:
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 any unobligated or
unexpended balances in this account or accounts for similar
purposes for fiscal year 2019 and each succeeding fiscal year
may be transferred to the Government Publishing Office
Business Operations Revolving Fund for carrying out the
purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives
and 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 any unobligated or unexpended balances in this account
or accounts for similar purposes for fiscal year 2019 and
each succeeding fiscal year may be transferred to the
Government Publishing Office Business Operations Revolving
Fund for carrying out the purposes of this heading, subject
to the approval of the Committees on Appropriations of the
House of Representatives and 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

[[Page H4916]]

$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, $578,916,653: Provided, That, in addition,
$23,800,000 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 construction of an Army facility at Redstone Arsenal
for the sole, unlimited use of GAO: 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.

references to act

Sec. 208. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.

references to report

Sec. 209. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-696. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.

spending reduction account

Sec. 210. The amount by which the applicable allocation of
new budget authority made by the Committee on Appropriations
of the House of Representatives under section 302(b) of the
Congressional Budget Act of 1974 exceeds the amount of
proposed new budget authority is $0.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2019''.

DIVISION C--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for military
construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2019, and
for other purposes, namely:

TITLE I

DEPARTMENT OF DEFENSE

Military Construction, Army

For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $1,001,768,000, 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,
$2,100,298,000, 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, $1,454,723,000, 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, $2,465,738,000,
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:

[[Page H4917]]

Provided further, That, of the amount, not to exceed
$195,345,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor: Provided
further, That the Director of the Missile Defense Agency
shall provide quarterly reports to the congressional defense
committees on the construction timeline and obligations for
the Poland Aegis Ashore complex.

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,
$180,122,000, 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, $50,163,000, to remain
available until September 30, 2023: Provided, That, of the
amount, not to exceed $4,055,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Air Force
Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: 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),
$322,390,000, 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:
Provided, That none of the funds provided under this heading
for family housing construction may be expended for family
housing improvements on Kwajalein Atoll until the Secretary
of the Army certifies to the congressional defense committees
that the new housing units represent the best value to the
taxpayer and that no reasonable alternatives exist at a lower
cost.

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

[[Page H4918]]

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 $15,000 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'', $44,100,000;
``Military Construction, Navy and Marine Corps'',
$317,800,000;
``Military Construction, Air Force'', $144,450,000;
``Military Construction, Army National Guard'',
$11,000,000;
``Military Construction, Air National Guard'', $62,000,000;
``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; and
``The fund established in section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374)'', $15,000,000:
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.

[[Page H4919]]

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. All amounts appropriated to ``Department of
Defense--Military Construction accounts for Army, Navy and
Marine Corps, Air Force and Defense-Wide'' pursuant to the
authorization of appropriations in the 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. 131. 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, Army'', $50,000,000;
``Military Construction, Navy and Marine Corps'',
$50,000,000;
``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.

TITLE II

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

compensation and pensions

(including transfer of funds)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $108,530,139,000, to remain available until expended,
of which $107,119,807,000 shall become available on October
1, 2019: Provided, That not to exceed $18,047,000 of the
amount made available for fiscal year 2020 under this heading
shall be reimbursed to ``General Operating Expenses, Veterans
Benefits Administration'', and ``Information Technology
Systems'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United
States Code, the funding source for which is specifically
provided as the ``Compensation and Pensions'' appropriation:
Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to
``Medical Care Collections Fund'' to augment the funding of
individual medical facilities for nursing home care provided
to pensioners as authorized.

readjustment benefits

For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $14,065,282,000, to remain available
until expended and to become available on October 1, 2019:
Provided, That expenses for rehabilitation program services
and assistance which the Secretary is authorized to provide
under subsection (a) of section 3104 of title 38, United
States Code, other than under paragraphs (1), (2), (5), and
(11) of that subsection, shall be charged to this account.

veterans insurance and indemnities

For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $111,340,000, which shall become available on October
1, 2019, and shall remain available until expended.

veterans housing benefit program fund

For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That, during fiscal year 2019, within the resources
available, not to exceed $500,000 in gross obligations for
direct loans are authorized for specially adapted housing
loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $200,612,000.

vocational rehabilitation loans program account

For the cost of direct loans, $39,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,037,000.
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, $1,149,000.

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, $2,922,000,000: 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 5 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,
$48,747,988,000, 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, 2018, under this heading,
$1,400,000,000 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.

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, $500,000,000 which shall
be in addition to funds previously appropriated under this
heading that become available on October 1, 2018: and, in
addition, $14,419,786,000, 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.

[[Page H4920]]

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.), $7,106,150,000, 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, $5,276,676,000, 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, $732,262,000,
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 .

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, $346,091,000, of
which not to exceed 5 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, $4,105,500,000, plus reimbursements: Provided,
That $1,235,320,000 shall be for pay and associated costs, of
which not to exceed 5 percent shall remain available until
September 30, 2020: Provided further, That $2,521,650,000
shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30,
2020: Provided further, That $348,530,000 shall be for
information technology systems development, and shall remain
available until September 30, 2020: Provided further, That
amounts made available for information technology systems
development may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be
obligated and expended for each development project:
Provided further, That amounts made available for salaries
and expenses, operations and maintenance, and information
technology systems development may be transferred among the
three subaccounts after the Secretary of Veterans Affairs
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued: Provided further, That amounts made
available for the ``Information Technology Systems'' account
for development may be transferred among projects or to newly
defined projects: Provided further, That no project may be
increased or decreased by more than $1,000,000 of cost prior
to submitting a request to the Committees on Appropriations
of both Houses of Congress to make the transfer and an
approval is issued, or absent a response, a period of 30 days
has elapsed: Provided further, That the funds made available
under this heading for information technology systems
development shall be for the projects, and in the amounts,
specified under this heading in the report accompanying this
Act.

veterans electronic health record

For activities related to implementation, preparation,
development, interface, management, rollout, and maintenance
of a Veterans Electronic Health Record system, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, and salaries and
expenses of employees hired under titles 5 and 38, United
States Code, $1,207,000,000, 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.

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.), $172,054,000, 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

[[Page H4921]]

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

[[Page H4922]]

``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 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. 220. 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. 221. 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. 222. 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. 223. 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. 224. 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. 225. 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. 226. 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. 227. 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. 228. 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. 229. 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. 230. 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. 231. (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.
Sec. 232. 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

[[Page H4923]]

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. 233. 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. 234. (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).
Sec. 235. 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. 236. 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. 237. 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. 238. 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) $100,000,000 shall be for National Cemetery
Administration projects within ``Department 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) $350,000,000 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 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, major construction
or minor construction project being funded with the
additional amounts made available in this section.

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,
$75,100,000, 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,
$33,600,000: 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 $1,000 for official
reception and representation expenses, $70,800,000, 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, $73,855,000, 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

[[Page H4924]]

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'', $261,250,000, 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: Provided further, That none of
the funds made available under this heading shall be for
construction of the High Value Detention Facility, Guantanamo
Bay, Cuba, unless authorized in an Act authorizing
appropriations for fiscal year 2019 for military
construction.

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'' $345,800,000, 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 submits to the
congressional defense committees a list of all of the
military construction projects associated with the European
Deterrence Initiative which the Secretary acticipates will be
carried out during each of the fiscal years 2019 through
2023.

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.

references to act

Sec. 513. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.

references to report

Sec. 514. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-673. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.

spending reduction account

Sec. 515. The amount by which the applicable allocation of
new budget authority made by the Committee on Appropriations
of the House of Representatives under section 302(b) of the
Congressional Budget Act of 1974 exceeds the amount of
proposed new budget authority is $0.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2019''.

The CHAIR. Are there any points of order against the bill?

Point of Order

Mr. HARPER. Mr. Chairman, I raise a point of order against the
following provision contained in H.R. 5895 because it violates clause 2
of House rule XXI.
This provision is on page 66, line 14, through page 66, line 20, and
relates to the Tom Lantos Human Rights Commission. Under clause 2(a)(1)
of rule XXI, ``an appropriation may not be reported in a general
appropriation bill . . . for an expenditure not previously authorized
by law. . . . ''
Mr. Chairman, the Committee on House Administration is responsible
for providing funding for House Committees, other than for the
Committee on House Appropriations.
Sections 5 and 7 of H. Res. 1451 of the Commission's enabling
resolution, which is carried forward through H. Res. 5, make clear the
Commission is not authorized to receive a direct appropriation. The
Commission's enabling resolution specifies the role of the Committee on
Foreign Affairs in providing staff and resources for the Commission, as
well as funding for the Commission.
In fact, consistent with H. Res. 1451, at the request of the
Committee on Foreign Affairs, the Committee on House Administration
adopted Committee Resolution 115-9 earlier this year authorizing
$200,000 from the Committee's reserve fund to provide for support for
Commission personnel.

[[Page H4925]]

In summary, Mr. Chairman, there is no authorization for the
Commission to receive a direct appropriation of funds, and I reiterate
my point of order.
I ask for a ruling of the Chair.
The CHAIR. Does any other Member wish to be heard on the point of
order?
If not, the Chair will rule.
The provision proposes an item of appropriation for the Tom Lantos
Human Rights Commission. Under clause 2(a) of rule XXI, such an item of
appropriation must be specifically authorized by law. The burden of
establishing the authorization in law rests in this instance with the
committee or other proponent of the provision.
Finding that this burden has not been carried, the point of order is
sustained and the provision is stricken from the bill.

announcement by the chair

The CHAIR. No further amendment to the bill, as amended, shall be in
order except those printed in part B of House Report 115-711 and pro
forma amendments described in section 4 of this resolution.

=========================== NOTE ===========================

June 7, 2018, on page H4925, the following appeared: Finding
that this burden has not been carried, the point of order is
sustained and the provision is stricken from the bill. No further
amendment to the bill, as amended, shall be in order except those
printed in part B of House Report 115-711 and pro forma amendments
described in section 4 of this resolution.

The online version has been corrected to read: Finding that this
burden has not been carried, the point of order is sustained and
the provision is stricken from the bill. ANNOUNCEMENT BY THE CHAIR
The CHAIR. No further amendment to the bill, as amended, shall be
in order except those printed in part B of House Report 115-711
and pro forma amendments described in section 4 of this
resolution.

========================= END NOTE =========================

Each further amendment printed in part B of the report shall be
considered only in the order printed in the report, may be offered only
by a Member designated in the report, shall be considered as read,
shall be debatable for the time specified in the report equally divided
and controlled by the proponent and an opponent, may be withdrawn by
the proponent at any time before action thereon, shall not be subject
to amendment except as provided by section 4 of House Resolution 918,
and shall not be subject to a demand for division of the question.

{time} 1630

Amendment No. 1 Offered by Mr. Collins of New York

The CHAIR. It is now in order to consider amendment No. 1 printed in
part B of House Report 115-711.
Mr. COLLINS of New York. Mr. Chairman, I have an amendment at the
desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 2, line 23, after the dollar amount, insert (increased
by $1,200,000).
Page 7, line 16, after the dollar amount, insert (reduced
by $1,200,000).

The CHAIR. Pursuant to House Resolution 918, the gentleman from New
York (Mr. Collins) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. COLLINS of New York. Mr. Chair, my amendment would increase the
Army Corps investigation account by $1.2 million.
Increased funding under this account will allow additional studies
that were previously authorized in the Water Resources Development Act
to be completed by the Army Corps.
One example is the Great Lakes Coastal Resiliency Study. This study
was authorized in 1986, and, although it is a priority of the Army
Corps, it has not been funded. This study pulls together Federal,
State, local, and private resources to create a strategy to preserve
and protect the shorelines of the Great Lakes.
Last year, my constituents in western New York felt the devastating
impact of high lake levels. We saw the worst flooding we have seen in
decades along Lake Ontario. The flooding destroyed homes and wreaked
havoc on businesses along the shoreline. This study will create a
comprehensive strategy to protect these communities so they do not
suffer again.
I look forward to working with my colleagues in Congress, as well as
the Army Corps, to ensure that studies like the Great Lakes Coastal
Resiliency Study receive funding.
Mr. Chair, I urge support of my amendment, and I reserve the balance
of my time.
Mr. SIMPSON. Mr. Chair, I claim time in opposition to the amendment,
although I am not opposed to the amendment.
The Acting CHAIR (Mr. Zeldin). Without objection, the gentleman from
Idaho is recognized for 5 minutes.
There was no objection.
Mr. SIMPSON. Mr. Chair, I understand the Great Lakes Coastal
Resiliency Study is of great importance to my colleague from New York
as well as other Members from the Great Lakes region. I would like to
note that the underlying bill includes funding and authority for new
studies, including a multipurpose study like the Great Lakes study.
I also remind my colleagues that the amendment increases the funding
level of an account. It does not direct the funding to any particular
activity. For that reason and because the amendment does not constitute
a major shift in funding between accounts, I would not oppose the
amendment.
Mr. Chair, I yield to the gentlewoman from Ohio (Ms. Kaptur), if she
has any comments to make.
Ms. KAPTUR. Mr. Chairman, I rise in strong support of my fellow Great
Lakes colleague's amendment and thank him for raising the issue.
I think the Great Lakes have finally arrived at the U.S. Army Corps
of Engineers. As the gentleman knows and as I have made clear to the
Corps, our Great Lakes Members and myself are very supportive of the
proposal for a Great Lakes Coastal Resiliency Study.
The study will take an inclusive view of how to make our coastline
more resilient, with an eye toward using more sustainable, green, or
natural infrastructure to reduce runoff, mitigate erosion and flooding,
and protect property. This approach will ultimately save money as the
Corps looks to fulfill its mission in the face of changing
environmental hazards.
And I have to say, over my many years of service, we finally have at
the Corps not just civil engineers, we have environmental engineers. We
have raised a new generation of Americans who understand the
relationship between structures and the environment. It is a new day at
the Corps, and nobody welcomes it more than this Member.
Mr. Chair, I want to thank the gentleman for offering this amendment,
and I urge my colleagues to support it.
Mr. SIMPSON. Mr. Chair, I yield back the balance of my time.
Mr. COLLINS of New York. Mr. Chair, I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Collins).
The amendment was agreed to.

Amendment No. 2 Offered by Mr. Abraham

The Acting CHAIR. It is now in order to consider amendment No. 2
printed in part B of House Report 115-711.
Mr. ABRAHAM. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 3, line 15, after the dollar amount, insert
``(increased by $17,410,000)''.
Page 32, line 1, after the dollar amount, insert ``(reduced
by $17,410,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from Louisiana (Mr. Abraham) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. ABRAHAM. Mr. Chairman, my amendment would increase the Corps of
Engineers construction account to address the $96 billion backlog in
construction projects across the country.
My amendment would offset this increase by reducing the Department of
Energy's departmental administration and bringing it closer in line
with the President's budget request.
Our water infrastructure is aging and deteriorating, and the Corps of
Engineers has failed to keep up with these projects across the country
because of the growing bureaucratic morass that delays construction and
leads to wasteful cost overruns.
While the Corps needs reforms to expedite project delivery, we in
Congress should also prioritize spending and provide more resources to
water infrastructure.
Projects in Louisiana would greatly benefit from increased
construction and operation and maintenance funding, especially projects
like the J. Bennett Johnston Waterway, the Ouachita-Black Rivers
Navigation Project, and the Madison Parish and Lake Providence Ports.
These projects are critical for the economy in the Mississippi Delta.
I commend Chairman Simpson for his leadership in increasing water
infrastructure funding since he has been chairman of the Energy and
Water Subcommittee.
This bill provides significant increases in the additional funding
pots for both construction and operation

[[Page H4926]]

and maintenance. This additional funding will increase the
opportunities for worthy projects to compete for limited dollars.
Although I intend to withdraw my amendment, Congress should continue
to provide more funding to projects across the country that improve
commerce, grow the economy, and that protect homes and businesses from
flooding. I hope to work with Chairman Simpson and his committee to
address the issue moving forward.
Mr. Chair, I reserve the balance of my time.
Mr. SIMPSON. Mr. Chair, I claim the time in opposition.
The Acting CHAIR. The gentleman from Idaho is recognized for 5
minutes.
Mr. SIMPSON. Mr. Chair, I want to assure my colleague that when the
Appropriations Committee develops its bills it takes into consideration
the requests and priorities of Members of the House. Funding levels in
the underlying bill reflect those requests, including those requests
from the gentleman from Louisiana.
Specifically, funding above the budget request for construction of
navigation projects totals $625 million, an increase of $176 million
above fiscal year 2018.
Additional funding for operation and maintenance of inland navigation
projects is at $50 million, an increase of $20 million above last
year's additional funding level.
While we can't specify funding for any particular project, we have
worked hard to ensure significant funding for which projects not in the
budget request can compete.
I would be happy to continue working with my colleague from Louisiana
to ensure significant funding for the critical water resources
infrastructure work of the Corps of Engineers, and I thank him for his
willingness to withdraw the amendment.
Mr. Chair, I yield back the balance of my time.
Mr. ABRAHAM. Mr. Chair, I thank the chairman for his commitment to
work with me on this issue, and I yield back the balance of my time.
Mr. Chair, I withdraw my amendment.
The Acting CHAIR. The amendment is withdrawn.

Amendment No. 3 Offered by Mr. Keating

The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part B of House Report 115-711.
Mr. KEATING. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 3, line 15, after the dollar amount, insert ``(reduced
by $7,000,000) (increased by $7,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from Massachusetts (Mr. Keating) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. KEATING. Mr. Chairman, this amendment would direct the Army Corps
to consider the historic and national significance of dredging projects
as the Corps makes its funding decisions.
In my area, this amendment will provide much-needed support for the
completion of the Plymouth Harbor dredging project in time for the
celebrations of the 400th anniversary of the Mayflower landing in
Plymouth and Provincetown, Massachusetts.
The year 2020 will be a momentous year for our country, as we
commemorate the 400th anniversary of the settlement at Plymouth by the
Pilgrims, the vital contributions of the Aquinnah and Mashpee Wampanoag
Tribes, and the significant events that followed, including the signing
of the Mayflower Compact, the 50-year Pilgrim-Wampanoag peace treaty,
and, of course, the first Thanksgiving.
For my entire time in Congress, I have worked closely with my
constituents to prepare for this commemoration of Plymouth 400. The
Plymouth Harbor dredging project has always been at the heart of these
preparations.
The dredging project is required ahead of the return to Plymouth of
the fully restored Mayflower II, a full-scale replica of the original
ship that brought the Pilgrims to Cape Cod in 1620. The Mayflower II
cannot return to her home in Plymouth Harbor unless much-needed
dredging work is completed.
We also anticipate a maritime salute to mark the return of the
Mayflower II as part of the commemoration, and the flotilla will need
safe passage in the harbor.
Furthermore, an uptick in marine traffic is also expected as
Americans and visitors from around the world travel to Plymouth to
participate in the 2020 celebration. It is therefore critical for
navigational safety concerns that this dredging occur.
This amendment will help ensure that one of the final pieces of the
2020 commemoration is completed and in place. We anticipate an
exceedingly memorable year for the people of our community, for
visitors across the country, and for a significant number of
international visitors as well.
Mr. Chair, I look forward to the completion of this project ahead of
the commemoration, which also, it is important to note, will bring in
significant added revenue and jobs.
I thank the chairman, and I urge my colleagues to support this
amendment.
I reserve the balance of my time.
Mr. SIMPSON. Mr. Chairman, I claim the time in opposition, although I
am not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman from Idaho is
recognized for 5 minutes.
There was no objection.
Mr. SIMPSON. Mr. Chair, I can certainly understand my colleague's
interest in this issue, and I agree that there are certain
circumstances where the Corps should consider more than just commercial
tonnage using a waterway when allocating funding. In fact, a report
accompanying the bill directs the Corps to consider several criteria
other than just tonnage.
Since the amendment does not upset the balance of priorities within
the bill nor direct funds to any particular project or activity, I will
not oppose the amendment.
I yield back the balance of my time.
Mr. KEATING. Mr. Chairman, I thank the chairman and staff for their
cooperation. And I also invite them to come to Plymouth in 2020 and
enjoy what will be an amazing international celebration and a
celebration of the beginning of our country as well.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Keating).
The amendment was agreed to.

Amendment No. 4 Offered by Mr. Beyer

The Acting CHAIR. It is now in order to consider amendment No. 4
printed in part B of House Report 115-711.
Mr. BEYER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 11, beginning on line 21, strike section 107.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from Virginia (Mr. Beyer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. BEYER. Mr. Chairman, this amendment seeks to preserve our current
Clean Water Act protections over our rivers, streams, and wetlands.
Our Nation's river system and wetlands provide values that no other
ecosystem can: natural water quality improvement; flood protection;
shoreline erosion control; recreation; general aesthetic appreciation;
and national products for our use at no cost.
Yet section 107 of this bill seeks to undermine protection of streams
and wetlands and the critical balance between protecting these waters
and the day-to-day operations of our Nation's farmers, ranchers, and
foresters.
Under current law, farmers, ranchers, and foresters can carry out
their normal operations in any water body without requiring a Clean
Water Act permit. What this means is that farmers can continue to plow
their fields--including potential wet areas that have been farmed for
decades--plant their seeds, and harvest their crops without ever having
to obtain approval under the Clean Water Act.
Any normal farming, ranching, or forestry exemption is going to
include

[[Page H4927]]

minor limitations. For example, a farmer cannot use the current
exemption to convert his farmland to a residential development without
obtaining a permit; a rancher can't use this exemption to plow under a
wetland to expand his grazing lands; and forestry operations can't use
this exemption to change the course of a local stream to improve
drainage on their growing lands.
In short, the way the Clean Water Act currently operates is to allow
normal ranching, farming, and forestry operations to continue without a
permit unless the activity either changes or converts the use of a
water body to a new purpose or impairs the historic flow or reach of a
stream or wetland. If the planned activity triggers either of these
limitations, current law obviously would require that activity to
obtain a permit.
Section 107 of this bill, in essence, would provide an absolute Clean
Water Act exemption for impacts to any streams or wetlands that happen
to be on agricultural, ranching, or forestry lands.
Mr. Chairman, this is a fundamental change to the Clean Water Act,
and it is one where the impacts have never been explored. This
amendment would be a significant departure from almost 40 years of
implementation of the Clean Water Act by Democrats and Republicans by
eliminating the existing provision requiring that the exemptions apply
only to normal--as in established, ongoing--farming practices.

{time} 1645

Mr. Chairman, we should not be using an appropriations bill to change
Federal policy related to the protection of our Nation's rivers and
streams. To the best of my knowledge, no hearings or investigations on
the impacts of this provision have ever been held.
If this Congress is interested in overturning almost 40 years of
Clean Water Act precedent, regular order would require hearings before
the House Committee on Transportation and Infrastructure and approval
by that committee before consideration on the floor.
This rider is bad policy for the protection of our environment, bad
policy for the protection of human health, and bad policy for the
protection of public safety.
Mr. Chairman, I urge support for my amendment, and I reserve the
balance of my time.
Mr. LaMALFA. Mr. Chairman, I claim the time in strong opposition to
this amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. LaMALFA. Mr. Chairman, this amendment would allow the regulatory
overreach that has been happening to the agriculture community through
misuse of the Clean Water Act.
The recapture provision of the Clean Water Act was never meant to
swallow the original intent of the agricultural exemptions, the clear
ag exemptions in the law. But that is exactly what has started
happening, and if this amendment passes, it will only get worse.
The agriculture industry is already one of the most overregulated in
the country, and there is little clarity for farmers and ranchers about
what exactly those regulations are and how they apply to their
operations.
This amendment provides additional uncertainty. It was never the
intention of the Clean Water Act to punish farmers for conducting
normal farming operations such as plowing or doing stock pond
maintenance, yet that is what is happening. Without the ability to
freely conduct these normal activities, farmers and ranchers are unable
to do their jobs and grow the food we need as a nation.
There is a difference between filling a river, a wetland, and plowing
the corner of your own field. These exemptions were constructed to
address that difference.
The ongoing expansion of enforcement under the Clean Water Act has
chipped away at the rights of landowners and has made it a danger to
farmers to effectively utilize their own property.
This hasn't been happening for 40 years. It was never the original
intent. This is a fairly recent expansion of the interpretation of the
law. Indeed, it is ridiculous that a farmer has to worry about being
slapped with a fine, in some cases millions of dollars. This has
occurred for simply conducting normal farming activities on their land
where there are clear exemptions for agriculture.
In my own district in northern California, there have already been
lawsuits against residents for farming without Federal permission.
Cases like these across the country cost farmers millions of dollars in
legal damages, and they risk running farmers out of business.
If this amendment is not defeated, these damages to the farm
community will only grow. It is not a situation we want to put upon an
industry that is already, in many cases, in financial crisis.
Farmers and ranchers deserve our support, and they deserve the
ability to make decisions about managing their land, whether it is
going to be in a crop this year or not, and not have the Federal
Government decide if it has been idle for a few years now that that is
an abandonment of their land. Market conditions and a lot of different
things affect what a farmer's decision is going to be; but, indeed, it
is their land without having more ambiguity and aggressive enforcements
over things that really clearly are exempt in the Clean Water Act. So
we don't need additional red tape, and we don't need these threats.
Mr. Chairman, I reserve the balance of my time.
Mr. BEYER. Mr. Chairman, I find myself confused by the comments of my
distinguished friend from California. Nothing has changed in the law in
40 years. This law has been applied under Democratic and Republican
Presidents and administrations.
The law is very clear that any normal farming use, forestry,
agriculture or ranching is exempt already. It is only a wholesale shift
from what the farm's original exemption was intended for that would
require a Clean Water Act permit.
So if a farmer is, in fact, going to turn out and develop houses, a
subdivision, you need a clean water permit. But there is nothing in
there that says you need a clean water permit to plow, to plant, or to
use the land as it has always been used.
My fear is that I don't know of any specific instances where there
has been an overinterpretation of existing law, but section 107 would
basically throw out the entire baby in order to fix an
overinterpretation problem by one or two agents of the Department of
Agriculture.
Essentially, section 107 says everything is accepted under the Clean
Water Act if it is agriculture, forestry, or ranching on that land.
Mr. Chairman, I reserve the balance of my time.
Mr. LaMALFA. Mr. Chairman, I would invite my friend, Mr. Beyer, to
come talk to the ranchers and farmers who are being hit with these new
interpretations and aggressive interpretations coming out of the
divisions of northern California to see what is happening to them for
simply applying farming techniques to their land.
Mr. Chairman, I yield to the gentleman from Idaho (Mr. Simpson).
Mr. SIMPSON. Mr. Chairman, I appreciate the gentleman for yielding.
Yes, it is true that this was written in 1977. The law has stayed the
same since 1977. That doesn't mean that the interpretation of the law
by agencies has been the same since then, and that interpretation has
changed over time.
In recent years, the Corps and the EPA have changed the
implementation of these provisions to significantly reduce the
application of the statutory exemptions. This language in the
underlying bill is intended to get us back to the original intent of
the law. That is all it is meant to do is get back to the original
intent of the law.

If the gentleman is correct and they are interpreting the law the
same as they have for 40 years, then this wouldn't be necessary. But
the fact is that is not the case. They have been changing the way they
implement this law. This is meant to get us back to the original
intent, and, therefore, I must oppose the amendment that would strike
this language.
Mr. LaMALFA. How much time do I have remaining, Mr. Chairman?
The Acting CHAIR. The gentleman from California has 5 seconds
remaining.
Mr. LaMALFA. Mr. Chairman, I reserve the balance of my time.

[[Page H4928]]

Mr. BEYER. Mr. Chairman, in closing, I respect the concern about an
overinterpretation of existing law that has been on the books for 40
years. The real challenge with section 107 is it throws out the entire
exemption process and makes everything legal.
Mr. Chairman, I yield back the balance of my time.
Mr. LaMALFA. Mr. Chairman, again, it has been a much more aggressive
interpretation of the exemptions under the Clean Water Act that were
clearly made by Congress to allow normal farming activities, the normal
crop rotation that you would use.
Indeed, if these activities were applied even more aggressively,
normal year-to-year crops could find themselves unable to be planted
because of plowing or disking or land planing, things that are
considered normal in the millions of acres we have in northern
California that are under agriculture.
So the activities of the EPA and the Army Corps go above the law to
impose these requirements, and they certainly expand the jurisdiction
of the Clean Water Act well beyond what Congress had ever intended 40-
plus years ago.
Mr. Chairman, I strongly oppose this amendment and urge my colleagues
to vote ``no.'' I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Beyer).
The amendment was rejected.

Amendment No. 5 Offered by Mr. Ruiz

The Acting CHAIR. It is now in order to consider amendment No. 5
printed in part B of House Report 115-711.
Mr. RUIZ. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 14, line 16, after the dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from California (Mr. Ruiz) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. RUIZ. Mr. Chairman, I rise to offer an amendment to H.R. 5895 to
provide $2 million in additional critical funding for Bureau of
Reclamation environmental restoration projects that will benefit our
public health within a region such as the Salton Sea in my
congressional district in southern California.
The Bureau of Reclamation is responsible for managing, developing,
and restoring our Nation's waters to support the interests of the
American people, and there are few interests more important than
protecting the public's health.
To demonstrate why projects that support the public's health are so
important, I want to talk about the Salton Sea, the largest inland body
of water in the entire State of California.
Located in Riverside and Imperial Counties, the Salton Sea was once
the jewel of the southern California desert, drawing thousands of
tourists, birdwatchers, and other outdoors and water sports
enthusiasts.
Having grown up near the Salton Sea, I have wonderful memories of
going fishing there with my father and picnicking with my family.
However, for decades now, deteriorating water quality and reduced
water inflows have made the declining lake bed of the Salton Sea a
public health danger to the residents in the surrounding area. If we do
not take decisive action now, the sea will harm the public's health in
cities all across southern California.
You see, as the sea dries and the water level recedes, the exposed
lake bed releases windblown contaminants containing selenium, arsenic,
and pesticides. These are in small particulate matter small enough to
go through your lungs and straight into your bloodstream.
Exposure to these contaminants has been shown to increase the number
and severity of asthma attacks, decrease the growth and development of
lung function in school-age children, and increase the risk of cardiac
disease, heart attacks, and mortality in adults.
In fact, children in this underserved area already have the highest
pediatric asthma hospitalization rate in the entire State of
California. So adding this insult and adding this exposure is going to
be devastating for the surrounding pediatric population.
As an emergency medicine doctor, I care deeply about the health of
our communities and have seen firsthand the effects of poor air quality
in these underserved communities. So the public health danger to
families and children from the Salton Sea is very real and must be
addressed at all levels of government--local, State, and Federal--and
through public-private partnerships. We are making progress.
I also appreciate the committee's strong support of the memorandum of
understanding that I helped broker between the Department of the
Interior and the State of California to support the State's mitigation
plan by including report language in the underlying bill.
In addition to the Salton Sea, funding for the Bureau of Reclamation
supports restoration projects across the Western United States that
protect public health. For example, in Congressman Ken Calvert's
district which neighbors my own district, the Bureau of Reclamation
helped to mitigate public health concerns and water quality issues at
Lake Elsinore.
Lake Elsinore, like the Salton Sea, has faced chronic challenges
relating to water level, water quality, and associated public health
concerns. However, a collaboration between the city of Lake Elsinore,
Elsinore Valley Municipal Water District, Riverside County, and the
Bureau of Reclamation came together to finally address these
challenges. Together they built levees to contain the lake, established
a supply of recycled water to help maintain water levels, and installed
aerators to prevent fish die-offs by keeping oxygen levels high.
So it can work. Lake Elsinore now supports many local businesses and
has a flourishing tourism industry. Most importantly, the water is now
safer for residents to enjoy all the benefits the lake has to offer,
including swimming and water sports.
There are countless other examples of Bureau of Reclamation
restoration projects helping to protect public health. That is why I
urge my colleagues to support my amendment and provide an additional $2
million to these types of projects. That is why, if we know that this
can work in other areas with pending public health crises, it can and
will work in my district with the Salton Sea if they are so fortunate
to receive some grant moneys and work in a collaborative way like Lake
Elsinore. The health of the American people must be put above politics.
Mr. Chairman, I reserve the balance of my time.
Mr. SIMPSON. Mr. Chairman, I claim the time in opposition to the
amendment, although I am not opposed to it.
The Acting CHAIR. Without objection, the gentleman from Idaho is
recognized for 5 minutes.
There was no objection.
Mr. SIMPSON. I understand the gentleman seeks to show support for
additional funding for projects such as the one important to his
district and his constituents.
I would note that the underlying bill includes a total of $379
million above the budget request for various types of projects that may
have public health benefits. Since the amendment before us does not
upset the balance of priorities within the bill nor direct funds to any
particular project or activity, I would not oppose the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. RUIZ. Mr. Chair, I want to thank the chairman for not opposing. I
also want to thank the ranking member for yielding me the time and
allowing all of this to proceed.
On behalf of those children with pediatric asthma, on behalf of our
seniors with COPD, chronic bronchitis, and on behalf of the doctors who
work in emergency departments, I truly want to bring this awareness to
everybody here that this is a pending public health nightmare
catastrophe that, if we do nothing, will cost up to $9 billion to
address the effects--the public health and the economic effects--that
this will do. So putting money in the front end is going to save money
in the back end, and it is going to prevent the bad health of our
pediatric and our senior populations.
Mr. Chairman, I thank the leadership for both listening,
understanding, and proceeding with this amendment.

[[Page H4929]]

Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Ruiz).
The amendment was agreed to.

Amendment No. 6 Offered by Ms. Michelle Lujan Grisham of New Mexico

The Acting CHAIR (Mr. Holding). It is now in order to consider
amendment No. 6 printed in part B of House Report 115-711.
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Chairman, I have an
amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 14, line 16, after the dollar amount, insert
``(decreased by $15,000,000)(increased by $15,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentlewoman
from New Mexico (Ms. Michelle Lujan Grisham) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from New Mexico.
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Chairman, 99.9 percent
of New Mexico is under drought conditions, including over 60 percent of
the State which is suffering from extreme drought or worse. It is so
dry that more than half the State is at significant risk for dangerous
and destructive wildfires, and long stretches of the Rio Grande
riverbed are already dry as a bone.

{time} 1700

As I speak, there are wildfires raging across the state, including a
massive fire in Ute Park, which is threatening multiple communities and
hundreds of buildings.
On top of that, last winter's mountain snowpack was the second lowest
on record, creating significant issues for New Mexico's agricultural
industry. Farmers are leaving fields unplanted and ranchers are
downsizing their herds. Many farmers and ranchers, including families
who have worked their land for generations, are worried that they will
not have the water to grow their crops or the hay to feed their
livestock in the months and years ahead.
Extreme drought is the new normal in large parts of the American
Southwest and we have to develop innovative technologies and management
practices to both preserve the water resources we have and increase
access to previously unusable water.
My amendment intends to prioritize $15 million for the Bureau of
Reclamation's water research and development programs. It is critical
that we make new investments to develop innovative methods to recycle,
reuse, and purify water for agricultural, environmental, residential,
and industrial uses.
This funding also supports the Brackish Groundwater National
Desalination Research Facility located in Alamogordo, New Mexico, that
develops more cost-effective and efficient ways to desalinate and
purify water. This cutting-edge facility brings together researchers
from a range of Federal agencies, universities, private companies, and
State and local governments to work collaboratively on sustainability
using billions of previously untapped brackish groundwater in New
Mexico.
Mr. Chairman, if we don't develop innovative water management
strategies to do more with less, we won't have the water we need to
plant our fields, feed our livestock, or grow New Mexico's economy.
Mr. Chairman, I urge my colleagues to support my amendment, and I
yield back the balance of my time.
Mr. SIMPSON. Mr. Chair, I claim the time in opposition, although I am
not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman from Idaho is
recognized for 5 minutes.
There was no objection.
Mr. SIMPSON. Mr. Chairman, I understand that the gentlewoman seeks to
show support for additional funding for water research and development
activities that are important to her district and to the country.
I would just like to clarify that the amendment does not direct funds
to any particular activities. For that reason and because it does not
upset the balance within the bill, I will not oppose the amendment.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from New Mexico (Ms. Michelle Lujan Grisham).
The amendment was agreed to.

Amendment No. 7 Offered by Mr. DeSaulnier

The Acting CHAIR. It is now in order to consider amendment No. 7
printed in part B of House Report 115-711.
Mr. DeSAULNIER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 15, line 17, after the dollar amount insert ``(reduced
by $5,000,000) (increased by $5,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from California (Mr. DeSaulnier) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from California.
Mr. DeSAULNIER. Mr. Chairman, this amendment seeks a modest amount of
dedicated funding for the repair and maintenance of existing equipment
in the migrating fish screen program.
Fish screens are an important part of the water supply infrastructure
of the Sacramento-San Joaquin Delta that help to protect fish in the
delta ecosystem. These fish screens work to prevent fish from being
drawn into various locations in the Bay-Delta Watershed where our water
supply takes in water. Fish screens in the delta are particularly
important for protecting multiple species listed or threatened as
endangered under the Endangered Species Act, including salmon,
steelhead, and delta smelt.
Fish screen components operate under water and are constantly exposed
to stress and damage that wears them down and makes them less
effective. Without proper upkeep, debris, sediment, and changes in
temperature can create gaps or holes in the screening material and
damage cleaning mechanisms.
While I appreciate that in its report the Appropriations Committee
has recognized the need for continued support of the fish screen
program overall, it is important that we include money specifically for
the maintenance and repair of existing equipment. My commonsense
amendment helps us to do that, I urge my colleagues to support it.
Mr. Chairman, I reserve the balance of my time.
Mr. SIMPSON. Mr. Chairman, I claim the time in opposition, although I
am not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman from Idaho is
recognized for 5 minutes.
There was no objection.
Mr. SIMPSON. Mr. Chairman, I understand that the gentleman seeks to
show support for additional funding for fish screen projects important
to his district and his constituents. I would simply note that this
account is one where we historically have given the administration,
Republican or Democratic, great flexibility in allocating the funds. If
there is widespread interest, we should take a comprehensive look at
funding levels within the program, not just adjust funding levels in
one activity.
Since the amendment does not direct funds to a specific activity and
because it does not upset the balance of the bill, I will not oppose
the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. DeSAULNIER. Mr. Chairman, I appreciate the gentleman's comments,
and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. DeSaulnier).
The amendment was agreed to.
The Acting CHAIR. The Chair understands that amendment No. 8 will not
be offered.

Amendment No. 9 Offered by Mr. Cohen

The Acting CHAIR. It is now in order to consider amendment No. 9
printed in part B of House Report 115-711.
Mr. COHEN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

[[Page H4930]]

Page 21, line 24, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 32, line 1, after the dollar amount, insert ``(reduced
by $2,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from Tennessee (Mr. Cohen) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. COHEN. Mr. Chair, I yield myself such time as I may consume.
I rise today to offer an amendment to increase funding for the Energy
Efficiency and Renewable Energy account by $2 million, specifically for
use in the SuperTruck II program.
The SuperTruck program was started by the Department of Energy under
President Obama and former Secretary of Energy Steven Chu to improve
freight and heavy-duty vehicle efficiency.
The Appropriations Committee acknowledged in the committee report the
success of the SuperTruck II program, noting these funds will help
SuperTruck II to continue to dramatically improve the freight
efficiency of heavy-duty class 8 long-haul and regional-haul vehicles
through system level improvements like the hybridization of vehicles,
saving more fuel while idling--that is something I saw in a field
demonstration and it is pretty amazing how they turn off at
intersections with lights, et cetera--engineering high-efficiency HVAC
technologies, and more.
This amendment to increase funding for the SuperTruck II program will
allow the Department of Energy to better achieve its freight efficiency
goals, and the amendment is fully offset by decreasing the departmental
administration account.
I would like to thank Chairman Simpson and Ranking Member Kaptur for
their hard work on this bill and for including this amendment. The
Rules Committee might have done that, but I don't think they would have
if there were objections from the chair and ranking member.
Mr. Chairman, I urge my colleagues to vote yes on the amendment, and
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Tennessee (Mr. Cohen).
The amendment was agreed to.

Amendment No. 10 Offered by Mr. Keating

The Acting CHAIR. It is now in order to consider amendment No. 10
printed in part B of House Report 115-711.
Mr. KEATING. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 21, line 24, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 32, line 1, after the dollar amount, insert ``(reduced
by $10,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from Massachusetts (Mr. Keating) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. KEATING. Mr. Chairman, my amendment seeks to provide adequate
resources for the marine and hydrokinetic energy resource supported by
the Department of Energy's Water Power Technologies Office.
Renewable power offers exciting and important security opportunities
for our energy future here in the United States. My amendment would
allocate resources to support these efforts, including for the
development of pilot project plans, development of prototype turbines
and associated undersea cables, as well as environmental impact
assessments.
In my district, there is an important research already underway in
marine and hydrokinetic energy technologies to tap the power of ocean
waves, tides, and currents to generate electricity.
For example, the Marine Energy Renewable Collaborative of New England
created the first permanent tidal power testing station in the entire
United States. This state-of-the-art testing station is collecting new
and valuable data every day on tidal power. Companies like MERCO in
Marion, Massachusetts, and Littoral Power in Fairhaven, Massachusetts,
are also pursuing this cutting-edge science in this emerging field of
energy projection.
Southeastern Massachusetts is a leader in the maritime economy. The
research and technologies being developed currently will enhance our
energy security for the future. We must make these investments today to
ensure our security, health, and economic competitiveness going
forward.
The power supplied by these marine and hydrokinetic technologies is
clean, predictable, and domestic. These technologies are
environmentally friendly and don't rely on the importation of energy
from foreign sources. They give us even more flexibility to keep our
energy prices low for families and businesses. Cheaper energy means
keeping business operating costs low so they can invest in more
employees and on products and research.
Supporting research in these technologies also means investigating
the potential positive and negative effects that they might hold. We
need to know more about water quality, our cultural and historic sites,
our electromagnetic devices, and our shellfish, fish stocks, marine
habitats, and large mammals.
This is a very important program for my region and for the country. I
thank my colleagues.
I will say, this is so technologically advanced, this is a real
tongue twister as I have gone through this whole thing, but don't let
that dissuade anyone going forward. This is the future. This is where
economic growth is already occurring in our region. We should do
everything in our power to help the development of this power.
Mr. Chairman, I reserve the balance of my time.
Mr. SIMPSON. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Idaho is recognized for 5
minutes.
Mr. SIMPSON. Mr. Speaker, I appreciate my colleague's passion for
research and development in the Water Power Technologies Office. He is
a strong advocate in his State for research in this important work.
Although I could not support the original amendment, I would
appreciate it if the gentleman would be willing to withdraw it and
instead work together as we move toward conference to discuss efficient
funding for the Water Power Technologies Office.
Mr. Chairman, I yield back the balance of my time.
Mr. KEATING. Mr. Chairman, I would like to thank Chairman Simpson for
that opportunity to work together. I think we can work together going
forward in the short term. Perhaps as this goes to conference, we can
look at working together in the long-term and really investigating the
importance of this new energy that can be developed here in the United
States so cleanly.
I yield back the balance of my time.
Mr. Chairman, I withdraw my amendment.
The Acting CHAIR. The amendment is withdrawn.

Amendment No. 11 Offered by Ms. Bonamici

The Acting CHAIR. It is now in order to consider amendment No. 11
printed in part B of House Report 115-711.
Ms. BONAMICI. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 21, line 24, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 32, line 1, after the dollar amount, insert ``(reduced
by $10,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentlewoman
from Oregon (Ms. Bonamici) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Oregon.
Ms. BONAMICI. Mr. Chair, I rise today to offer a bipartisan amendment
to increase investments in research and development that support marine
energy, hydropower, and pump storage.
I first want to thank Chairman Simpson and Ranking Member Kaptur for
their leadership in supporting the Water Power Technologies Office.
Robust funding for the Department of Energy's Water Power Technologies
Office will support investments in innovative hydropower, marine, and
hydrokinetic energy technologies.
This bipartisan amendment would increase funding for the Office of
Energy and Efficiency and Renewable Energy by $10 million for water
power and decrease funding for departmental administrative spending to
result in no additional cost.

[[Page H4931]]

Harnessing energy from waves, currents, and tides is an exciting
frontier in the renewable energy sector. Oregon State University, the
University of Washington, and the University of Alaska Fairbanks are
partnering to support marine renewable energy research and development
at the Pacific Marine Energy Center.
The center relies on Federal investments from the Department of
Energy to establish the Nation's fully energetic on-grid wave energy
test facility off the Oregon coast. This facility will be able to test
wave energy converters that capture the energy of ocean waves, current,
tides, and in-river resources and turn it into electricity.
Hydropower has tremendous potential to become the major source of
electricity for the United States and the world, but other countries
are ahead of us here. We must continue to develop clean and sustainable
energy sources, and that means supporting new solutions like marine and
hydrokinetic renewable energy.
We should be doing more to harness the power of water to meet our
Nation's clean energy needs, create good-paying jobs, and spur economic
growth in our communities.

{time} 1715

Mr. Chair, I again thank the chairman and ranking member for their
work on this issue and also Representatives Perry and Pingree for their
bipartisan leadership on water power.
Mr. Chairman, I reserve the balance of my time.
Mr. SIMPSON. Mr. Chair, I claim time in opposition to the amendment.
The Acting CHAIR. The gentleman from Idaho is recognized for 5
minutes.
Mr. SIMPSON. Mr. Chairman, similar to the previous amendment, I
appreciate my colleague's passion for this important research and
development and work done in the Water Power Technologies Office. They
are each strong advocates, and I recognize their leadership in their
States for this important work.
Although I could not support this amendment, I would again make the
offer that, if the gentlewoman is willing to withdraw the amendment, I
would work with her and others to make sure that we have sufficient
funding for the Water Power Technologies Office when we go to
conference.
Mr. Chair, I yield back the balance of my time.
Ms. BONAMICI. Mr. Chair, I appreciate that offer of the gentleman to
work together on this important issue with a lot of promise for
additional renewable energy jobs and sources.
So, Mr. Chairman, we do need to be making stronger investments in
clean and sustainable energy sources like water power. With that offer
to work together, I will withdraw this amendment but do hope that we
will work together going forward to increase funding for this very
important program.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I withdraw my amendment.
The Acting CHAIR. The amendment is withdrawn.

Amendment No. 12 Offered by Ms. Esty of Connecticut

The Acting CHAIR. It is now in order to consider amendment No. 12
printed in part B of House Report 115-711.
Ms. ESTY of Connecticut. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 21, line 24, after the dollar amount, insert
``(increased by $15,000,000)''.
Page 27, line 21, after the dollar amount, insert
``(reduced by $15,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentlewoman
from Connecticut (Ms. Esty) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Connecticut.
Ms. ESTY of Connecticut. Mr. Chair, I rise in support of my
amendment, which would protect millions of good-paying manufacturing
jobs across the country, including in my home State of Connecticut. My
amendment would restore $15 million to the Advanced Manufacturing
Office in fiscal year 2019.
The Department of Energy's Advanced Manufacturing Office is the only
technology development office in the Federal Government that is
dedicated to enhancing American manufacturing competitiveness.
Unfortunately, the appropriations bill before us here today cuts
funding to the Advanced Manufacturing Office by $45 million from the
FY18 enacted levels. That is a mistake.
One of the vital programs funded through the Advanced Manufacturing
Office is the Industrial Assessment Centers program. Industrial
Assessment Centers are located across the United States and provide
companies with the tools they need to promote energy efficiency.
A couple of years ago, I visited Forum Plastics, a plastic molding
company in Waterbury, Connecticut. Forum Plastics had recently
partnered with our regional Industrial Assessment Center at the
University of Massachusetts to carry out an audit of Forum Plastics'
energy costs and energy efficiency.
That audit showed the small company ways they could save energy,
reduce waste, and see cost savings. In fact, the audit helped Forum
Plastics develop more energy-efficient processes, which resulted in a
cost savings of nearly $25,000 the very next year.
For small and medium-size companies like Forum Plastics, savings like
this are real. They free up budgets to hire more employees, carry out
systems and equipment upgrades, and expand their facilities.
We know that much of America's innovation comes from exactly these
sort of small and medium-size companies that the Advanced Manufacturing
Office is designed to help. These companies are not able to afford
high-priced consultants or systems analysts but benefit greatly from
the analyses that the Industrial Assessment Centers offer.
This helps create jobs in our communities, helps support American
competitiveness, and ensures that taxpayer dollars support smaller
manufacturers that are the backbone of so many of our communities.
Mr. Chair, I urge support of my amendment, and I reserve the balance
of my time.
Mr. SIMPSON. Mr. Chair, I claim time in opposition to the amendment.
The Acting CHAIR. The gentleman from Idaho is recognized for 5
minutes.
Mr. SIMPSON. Mr. Chairman, I appreciate my colleague's advocacy for
the Advanced Manufacturing Office within the Energy Efficiency and
Renewable Energy account.
The Advanced Manufacturing Office performs research and development
to improve the productivity and energy efficiency of U.S.
manufacturing. This is important work, and I recognize my colleague's
leadership in highlighting the office.
While I could not support using the Nuclear Waste Disposal account as
an offset for the original amendment, I would appreciate my colleague's
willingness to offer to withdraw this amendment. I look forward to
working with my colleague as we move forward toward conference to
discuss sufficient funding for the Advanced Manufacturing Office.
Mr. Chair, I yield back the balance of my time.
Ms. ESTY of Connecticut. Mr. Chairman, I appreciate Chairman
Simpson's and Ranking Member Kaptur's support for the Advanced
Manufacturing Office, and I look forward to working with both of them
in the future to increase funding for these important programs for
fiscal year 2019.
Therefore, I will withdraw my amendment to restore $15 million to the
Advanced Manufacturing Office in fiscal year 2019.
Mr. Chairman, I yield back the balance of my time.
Mr. Chair, I withdraw my amendment.
The Acting CHAIR. The amendment is withdrawn.

Amendment No. 13 Offered by Ms. Tsongas

The Acting CHAIR. It is now in order to consider amendment No. 13
printed in part B of House Report 115-711.
Ms. TSONGAS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 21, line 24, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 32, line 1, after the dollar amount, insert ``(reduced
by $5,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentlewoman

[[Page H4932]]

from Massachusetts (Ms. Tsongas) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentlewoman from Massachusetts.
Ms. TSONGAS. Mr. Chair, my amendment increases funding by $5 million
for the Department of Energy's Office of Energy Efficiency and
Renewable Energy for the purposes of offshore wind job training grants.
The amendment is paid for by using an equal offset from the
Department's administration accounts.
According to the National Renewable Energy Laboratory, our Nation's
offshore wind energy potential is nearly double our total electricity
need. It is also an energy resource available to nearly every coastline
in the country, including the Great Lakes.
Offshore wind is broadly recognized as our Nation's next great energy
resource, one that has the potential to create tens of thousands of new
jobs in manufacturing, logistics, engineering, construction, and long-
term operations and maintenance of these projects.
This potential has been acknowledged by the Trump administration.
Secretary of the Interior Ryan Zinke recently spoke at an offshore wind
energy conference and said that offshore wind has more growth potential
than any other energy resource.
In fact, he also published an op-ed in The Boston Globe in April
underscoring the importance of offshore wind to the Trump
administration's all-of-the-above energy strategy and announced two new
proposed lease sales in Massachusetts for commercial wind development.
As he said in the op-ed--and we have it printed right here: ``The
Trump administration supports an all-of-the-above American energy
policy, and wind energy is an important part of the energy mix. Just
like the pioneers who drilled our Nation's first offshore wells in the
1890s, those men and women who construct wind turbines in American
waters in the years to come will continue to set our Nation toward
clean energy dominance.''
To realize the full potential of our Nation's offshore wind
resources, we must make sure that a cadre of American workers are fully
trained and ready to pave the way for growth and innovation in this
rapidly growing industry. This amendment makes a modest investment
toward this goal by specifically appropriating $5 million for offshore
wind job training grants at the Department of Energy.
Workforce development and education is one of several focus areas at
the Wind Energy Technologies Office, and grants funded by this
amendment would help develop curricula, apprenticeships, health and
safety certification programs, and other activities that help workers
transition to the offshore wind industry.
The Trump administration recently announced similar workforce
training grants for solar through DOE's Solar Energy Technologies
Office, and we should be doing the same for offshore wind workforce
development through DOE's Wind Energy Technologies Office.
Mr. Chair, I urge my colleagues to support American energy jobs by
voting ``yes'' on this amendment.
And I reserve the balance of my time.
Mr. SIMPSON. Mr. Chair, I claim time in opposition to the amendment.
The Acting CHAIR. The gentleman from Idaho is recognized for 5
minutes.
Mr. SIMPSON. Mr. Chair, this bill includes $84 million for research
and development on wind energy within the EERE account. That is more
than $53 million higher than the budget request--$53 million higher
than the budget request.
Research and development in the wind office was targeted to support
our Nation's wind turbine testing infrastructure and advanced solutions
to wind energy challenges. This is a strategic focus to lay the
foundation for technological innovations that can be picked up by
industry at a later stage.
While I support research and development on wind energy and recognize
my colleague's advocacy for these activities, focusing funds on job
training grants strays too far from the bill's strategic priorities.
Therefore, I must oppose the amendment and urge my colleagues to do the
same.
Mr. Chair, I reserve the balance of my time.
Ms. TSONGAS. Mr. Chair, this amendment really is a very modest
investment in our Nation's workforce and, therefore, worthy of
increased funding devoted to this purpose.
We can't just be investing in energy technologies; we need to be
investing in our people who will bring these technologies out of the
lab and into our homes and businesses.
Offshore wind has the potential to create tens of thousands of jobs
and make the United States a global industry leader.
The gentleman referenced some increases, but, even with this
amendment, funding for the Wind Energy Technologies Office is still
below last year's level.
Mr. Chair, I yield 1 minute to the gentlewoman from Ohio (Ms.
Kaptur), the ranking member.
Ms. KAPTUR. Mr. Chairman, I rise to strongly support Congresswoman
Tsongas' amendment.
In our country today, there are 12 wind projects in various stages of
development, spanning 10 States off the east, west, and Texas coasts
and, of course, in the Great Lakes as well. These offshore projects
alone represent over 5,000 megawatts of potential offshore development.
We don't have a kilowatt to waste.
These projects can create thousands of manufacturing, construction,
and supply-chain jobs across our country and drive billions of dollars
of local economic investment.
We know we will need workers to do these clean energy jobs. And I can
guarantee you those towers are very high. So I definitely support
funding for training activities in this regard for the future.
The Department of Energy already has workforce training grants for
solar, and, therefore, I would very much wish to carry over that effort
as well to the Wind Power Technologies Office.
Mr. Chairman, I congratulate the gentlewoman for offering this
important amendment, and I urge my colleagues to support the amendment.
Ms. TSONGAS. Mr. Chairman, I yield 15 seconds to my colleague from
Massachusetts (Mr. Keating).
Mr. KEATING. Mr. Chairman, there are people in our country who are
looking for jobs. We also have in our country jobs that are looking for
people. So this matches that up.
Research and development is important, but without people to be
trained to go forward it will come to no avail in our country. It is
important for our region; it is important for our country.
The Acting CHAIR. The time of the gentleman has expired.
Mr. SIMPSON. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts (Mr. Keating).
Mr. KEATING. Mr. Chair, I thank Chairman Simpson for yielding me
additional time. This gives me a brief time to tell how it is important
in my region as well as how real it is in our region.
In my district, a major offshore wind project just got the green
light to build an 800-megawatt wind farm 15 miles south of Martha's
Vineyard. It is going to bring with it hundreds and hundreds of new,
high-quality job opportunities in southeastern Massachusetts.
This requires skilled labor, and the amendment would try to connect
those workers with these skills and the training they need to take
advantage of these opportunities to these new jobs.
This is something that has to be done ahead of time in our country.
One of the biggest weaknesses we do have, I think, economically, is
that we have to prepare for the jobs that are here that we don't have
people for and the jobs that will grow that we don't have enough people
for. It is an opportunity to do this.
I thank the chairman again for yielding the time, and I thank the
leadership of the gentlewoman from Massachusetts, Ms. Tsongas.
Ms. TSONGAS. Mr. Chairman, I yield back the balance of my time.
Mr. SIMPSON. Mr. Chairman, I appreciate the gentleman and
gentlewoman's passion for this.
I have to oppose the amendment at this time but look forward to
working with the gentlewoman to try to address this issue as we move
forward in the future.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Massachusetts (Ms. Tsongas).

[[Page H4933]]

The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. TSONGAS. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from
Massachusetts will be postponed.

{time} 1730

Amendment No. 14 Offered by Mr. Soto

The Acting CHAIR. It is now in order to consider amendment No. 14
printed in part B of House Report 115-711.
Mr. SOTO. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 22, line 13, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 32, line 1, after the dollar amount, insert ``(reduced
by $1,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from Florida (Mr. Soto) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. SOTO. Mr. Chair, my amendment would increase funding for the
Cybersecurity, Energy Security, and Emergency Response program by $1
million and decrease the departmental administration fund within the
Department of Energy by an equal amount.
The new Office of Cybersecurity, Energy Security, and Emergency
Response addresses the emerging threats of tomorrow while protecting
the reliable flow of energy to America's broad population today by
improving energy infrastructure security and supporting the Department
of Energy's national security mission.
Being prepared and ready to respond quickly and effectively to all
hazards is crucial. We need to make sure we can improve the ability of
energy sector stakeholders to prevent, prepare for, and respond to
threats, hazards, natural disaster, and other supply disruptions.
Additionally, in today's highly interconnected world, reliable energy
delivery requires cyber resilient energy delivery systems.
This amendment would increase funds to focus on preparedness and
response activities to natural and manmade threats, ensuring a
stronger, more prosperous, and secure future for the Nation.
Mr. Chair, I thank the chairman for his support.
I urge my colleagues to support the amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Soto).
The amendment was agreed to.

Amendment No. 15 Offered by Mr. Soto

The Acting CHAIR. It is now in order to consider amendment No. 15
printed in part B of House Report 115-711.
Mr. SOTO. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 22, line 25, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 32, line 1, after the dollar amount, insert ``(reduced
by $1,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from Florida (Mr. Soto) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. SOTO. Mr. Chair, my amendment would increase funding for the
Electric Delivery program by $1 million and decrease the departmental
administrative fund within the Department of Energy by an equal amount.
This amendment is intended to increase funding for the new Electric
Delivery program's activities to accelerate discovery and innovation in
electrical transmission and distribution technologies and create next
generation devices, software, tools, and techniques to help modernize
the electric grid.
Additionally, I would like to take this opportunity to thank the
committee for all their work in advancing high-power capacity batteries
and grid restoration efforts in Puerto Rico.
First, I thank the committee for the inclusion of report language
discussing the potential benefits of high-power, high-capacity
batteries. These batteries could provide energy resilience in the face
of extreme weather disasters. These technologies could have prevented
hardships during last year's hurricane season and decrease reliance on
generators during emergencies.
In Florida, Hurricane Maria caused a prolonged power outage in
assisted living facilities that cost lives. This could have been
prevented, and this amendment assists in that.
Second, I thank the committee for the report language that supports
the Department's involvement in the grid restoration efforts in Puerto
Rico. Their continued effort and support provide technical assistance
as Puerto Rico works to rebuild its energy infrastructure and is
essential to long-term recovery.
Again, my amendment would increase funding for the Electric Delivery
program, which would advance our Nation's grid reliability and
resiliency.
I thank the chairman and the committee for their support, and I urge
my colleagues to support this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Soto).
The amendment was agreed to.

Amendment No. 16 Offered by Mr. Weber of Texas

The Acting CHAIR. It is now in order to consider amendment No. 16
printed in part B of House Report 115-711.
Mr. WEBER of Texas. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 23, line 12, after the dollar amount, insert
``(reduced by $35,000,000)(increased by $35,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from Texas (Mr. Weber) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. WEBER of Texas. Mr. Chairman, I rise to offer an amendment to
H.R. 5895, the Energy and Water Development and Related Agencies
Appropriations Act of 2019.
I want to thank the gentleman from Idaho, Representative Mike
Simpson, the chairman of the House Energy and Water Development, and
Related Agencies Appropriations Subcommittee for bringing a pro-science
bill to the floor that supports nuclear energy innovation. I strongly
support division A of this legislation and appreciate the chairman's
work on this bill.
Over the past 4 years, the Science, Space, and Technology Committee
championed legislation to provide the tools needed to develop advanced
nuclear reactor technology in these United States. My bill, the Nuclear
Energy Innovation Capabilities Act, passed the House three times last
Congress and, most recently, was included in H.R. 589, the Department
of Energy Research and Innovation Act, that passed the House in January
of last year.
A key part of this legislation authorizes DOE to construct a research
reactor. This reactor, or versatile neutron source, is critical for the
development of advanced reactor designs, materials, and nuclear fuels.
Access to fast neutrons currently only available for civilian research
in Russia is crucial for private sector development of next generation
materials and fuels needed for advanced nuclear reactor technology.
The versatile neutron source will also enable the Nuclear Regulatory
Commission to verify data on new fuels, materials, and designs more
efficiently, expediting regulatory approval for advanced nuclear
reactors.
Earlier this year, the House passed a second bill that authorizes
specific funding from within the DOE Office of Nuclear Energy for the
construction of that versatile neutron source. My bill, the Nuclear
Energy Research Infrastructure Act, included $100 million for this
project in fiscal year 2019.
While I am pleased to see the report for this legislation direct $65
million in funding for this facility, we must move forward on
construction for the versatile neutron source as quickly as possible.
My amendment is intended to increase funding for this vital project
from within the Office of Nuclear Energy to match the House-passed
authorization.

[[Page H4934]]

Modeling and simulation can accelerate R&D, but nuclear energy
research must be validated through a physical source like a research
reactor. Building this open-access user facility in the DOE national
lab system will facilitate nuclear energy research in the United
States, which otherwise simply will not take place. We cannot afford to
lose the ability to develop innovative nuclear technology right here at
home.
I want to again thank Chairman Simpson for his support of nuclear
energy research and for prioritizing the research infrastructure that
keeps America safe while keeping America globally competitive.
I am prepared to withdraw my amendment and to continue working with
the chairman to advance the House-passed authorization levels for this
important project in conference if I can get assurance from him.
I reserve the balance of my time.
Mr. SIMPSON. Mr. Chair, I claim time in opposition to the amendment,
even though I am not opposed to it.
The Acting CHAIR. Without objection, the gentleman from Idaho is
recognized for 5 minutes.
There was no objection.
Mr. SIMPSON. Mr. Chair, I thank my colleague for his amendment and
for his willingness to withdraw it and for the authorizer's strong
support for this bill.
I recognize the House-passed authorization for the versatile neutron
source is a priority of the Science, Space, and Technology Committee
and also of me.
I appreciate my colleague's highlighting these priorities, and I look
forward to working with him as we move into conference to ensure these
priorities have sufficient funding in the final legislation.
I yield back the balance of my time.
Mr. WEBER of Texas. Mr. Chair, I thank the gentleman, and I yield
back the balance of my time.
Mr. Chair, I withdraw my amendment.
The Acting CHAIR. The amendment is withdrawn.

Amendment No. 17 Offered by Ms. Esty of Connecticut

The Acting CHAIR. It is now in order to consider amendment No. 17
printed in part B of House Report 115-711.
Ms. ESTY of Connecticut. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 24, line 3, after the dollar amount, insert ``(reduced
by $20,000,000) (increased by $20,000,000)''.

Amendment No. 18 Offered by Mr. Beyer

The Acting CHAIR. It is now in order to consider amendment No. 18
printed in part B of House Report 115-711.
Mr. BEYER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 24, line 3, after the dollar amount, insert ``(reduced
by $28,310,000)''.
Page 30, line 7, after the dollar amount, insert
``(increased by $28,310,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from Virginia (Mr. Beyer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. BEYER. Mr. Chairman, the Beyer-Eshoo-Esty amendment simply
restores funding to the Advanced Research Project-Energy, ARPA-E, to
the FY18 enacted level that was already approved by this Congress
earlier this year.
ARPA-E was created to replicate the successful DARPA model by
incentivizing researchers to develop promising research into game-
changing technologies that can meet our future energy needs.
Mr. Chairman, despite the huge payoff, the private sector does not
often and cannot invest efficiently in kind of high-risk, high-reward
energy research. ARPA-E has already demonstrated incredible success in
advancing energy technology solutions that neither the public nor the
private sector has been willing or able to support in the past.
Since 2009, 136 of these projects have attracted more than $2.6
billion in private sector follow-on funding.
And please note, the amendment does not cut fossil energy research.
It simply reduces the plus-up for the account. The Fossil Energy R&D
will still receive $30 million more than last year and 50 percent more
than President Trump's FY19 request level.
I urge my colleagues to support the Beyer-Eshoo-Esty amendment to
make ARPA-E whole. ARPA-E is a smart bet on America's proven ability to
turn creative ideas into market-creating, job-growing businesses.
Mr. Chairman, I reserve the balance of my time.
Mr. JENKINS of West Virginia. Mr. Chairman, I rise in opposition to
the amendment.
The Acting CHAIR. The gentleman from West Virginia is recognized for
5 minutes.
Mr. JENKINS of West Virginia. Mr. Chairman, I yield 2 minutes to the
gentleman from West Virginia (Mr. McKinley).
Mr. McKINLEY. Mr. Chairman, I rise in opposition to this amendment,
but let's just step back a second. Here is the reality.
America and the entire world will be relying on fossil energy for
years to come. The Energy Information Administration estimates that, in
2040, fossil energy will still make up 78 percent of the energy used in
the world.

{time} 1745

Let's look at two examples of what America stands to lose if this
amendment is adopted.
The fossil R&D program has put America on the cusp of producing zero
carbon emissions from electric generation using the innovative and
unique Allam cycle.
The innovative NET Power plant in Texas was funded by DOE in its
research. It is amazing what they are doing using CO2 to
spin a turbine instead of as an emission.

[[Page H4935]]

To this end, Congress should be putting more money into this program
on research, not reducing it.
Secondly, the fossil R&D program also has had tremendous success in
extracting rare earth elements from coal and mine drainage. But,
currently, China controls over 90 percent of the world's rare earth
elements. These minerals are critical to our national defense and are
used in hybrid vehicles, wind turbines, fuel cells, and portable
electronics.
By adopting this amendment, we would be unnecessarily putting the
environment at risk and lose a potential key supply of rare earth
minerals.
Fossil fuels will be around for the foreseeable future. We should be
utilizing them in the cleanest, most efficient manner through research,
and all of that requires more research at the Federal level.
The House has soundly defeated a similar amendment in the past, and I
urge my colleagues to do so now as well.
Mr. BEYER. Mr. Chairman, there is virtually nothing my friend from
West Virginia said that I disagree with, except the idea that we are
somehow taking money from fossil fuel research that is untoward. Just
remember, this is a $30 million step up from last year and 50 percent
more than President Trump has even asked for.
Mr. Chairman, I yield 3 minutes to the gentlewoman from California
(Ms. Eshoo).
Ms. ESHOO. Mr. Chairman, I thank the gentleman for yielding.
I rise in strong support of this amendment, the Beyer-Eshoo-Esty
amendment, which restores funding to make it equal to the fiscal year
2018 level agreed to by Congress earlier this year for ARPA-E, which is
the Advanced Research Projects Agency-Energy.
ARPA-E is housed within the Department of Energy and invests in
emerging clean energy technologies to make our country more energy-
secure, reduce costs, and increase energy efficiency. So it is smart.
It is smart. That is what America has been known for, and we want to
retain that reputation.
The Agency specializes in high-risk, high-reward technologies that
are, in many instances, too risky for the private sector but have
enormous potential to change how we produce and consume energy.
ARPA-E is doing for energy development what the NIH does for medical
research. It provides early-stage support for new moonshot ideas that
have the potential to transform the everyday lives of Americans and our
economy.
ARPA-E is a product of the 2006 Innovation Agenda and was modeled
after the highly acclaimed DARPA, created 60 years ago in the
Department of Defense. It is credited with launching some of the most
successful technologies of our time, including GPS and the internet.
ARPA-E was created by Congress in 2007 with bipartisan support, it
was signed into law by a Republican President, and it has been a
resounding success.
In its 10-year history, the agency has funded over 660 projects that
have helped create 71 new companies; attracted over $2.6 billion in
private sector funding; led to the creation of 245 new patents; and
fostered over 1,700 peer-reviewed articles to further our understanding
of the energy ecosystem.
Mr. Chairman, the United States, I think, is really at an important
crossroads in our history. We will decide whether our country is going
to continue to lead the world in innovation.
Foreign competitors, such as China, are surging investments in new
R&D and threaten to overtake our country in that area. We must continue
our basic investments to ensure we remain the most innovative and
successful economy in the world, and this amendment helps to advance
this.
This has been bipartisan and overwhelmingly successful for our
country. Why would we turn the pages back?
So, for all these reasons and more, I urge my colleagues to support
this amendment.
Mr. JENKINS of West Virginia. Mr. Chairman, fossil energy helped make
America the great Nation it is today. West Virginia coal, for example,
helped forge the steel that built skyscrapers and won world wars.
The DOE Fossil Energy account helps our Nation develop the next
generation of fossil technologies. If we don't develop it, other
nations will. America must continue its energy dominance and
independence, and fossil fuels must play a critical role in our energy
strategy.
The Fossil Energy account invests in research and development for
coal, oil, and natural gas, which produce, as you have heard, more than
60 percent of our Nation's electricity.
The research being done at the National Energy Technology Laboratory
in Morgantown, West Virginia, and other locations is paying off. We are
seeing breakthroughs in coal use in energy production, as well as
carbon capture and storage technology.
These breakthroughs mean the United States does not need to rely on
unfriendly nations for energy anymore. Within 5 years, the United
States will become the largest producer in the world of crude oil,
bigger than Russia or Saudi Arabia.
Investing in fossil energy programs will fuel the next generation of
innovation and do so responsibly. Cutting this funding will only set
America back. We have abundant, reliable, domestic energy resources,
and abandoning this research will put our energy future in severe
jeopardy.
President Trump, just last week, took action to strengthen our
Nation's coal-fired power plants to protect our national security and
grid reliability.
Cutting this funding is irresponsible and jeopardizes our energy
independence. Therefore, I urge Members to vote against this amendment,
which would impose significant cuts to R&D funding for fossil energy
technology.
Mr. Chairman, I yield back the balance of my time.
Ms. KAPTUR. Mr. Chairman, as the designee of Ranking Member Lowey, I
move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Ms. KAPTUR. Mr. Chairman, I just wanted to point out that, if one
looks at the fine print in our bill, the account, actually, for fossil
is increased by over $50 million over the current year. That is a
pretty healthy increase.
We are not really cutting anything in that bill if we take the funds
that you are offering here. Fossil will still see a $30 million
increase over this year. It isn't being cut to the bones or anything
like that. In fact, we are adding flesh to the bones of the fossil
accounts.
I think it is important to support the Beyer-Eshoo-Esty proposal here
in this amendment because we are creating the future with ARPA-E.
Nobody knows what ARPA-E means in the average neighborhood of our
country. It really is not just the moonshot; it is the Mars-shot. It is
the highest level of energy research we do.
When I saw Members from Massachusetts down on the floor here a little
earlier, I thought to myself: When I saw the Russian tanker come in
last year with natural gas because parts of the East Coast couldn't
heat their homes in the wintertime, I have to tell you, I am worried.
Every American should be worried.
We should be developing energy on many fronts. An all-of-the-above
strategy is exactly what this country should be doing. We shouldn't be
peeling away funds for the highest level of research that we do in our
Nation.
Truly, ARPA-E helps us become a global leader. It is transformational
in what it does. It is a model for others to imitate. It is smart, it
is agile, it is fast-acting, it is nonbureaucratic, and it is bold--
qualities that both Republicans and Democrats like.
Last year, actually, many Republican officials and business leaders,
including the U.S. Chamber of Commerce, said ARPA-E is a blueprint for
smart Federal investments that boost our global competitiveness. And
surely it does, because I can remember a time when America was not
running its way to energy independence. It was, in fact, completely
dependent on imported sources of energy.
ARPA-E has been nothing short of remarkable. One hundred and thirty-
six projects have attracted over $2.6 billion in private sector follow-
on funding. I repeat: private sector.
While I do support fossil--and Ohio is a State right now where we
have a lot of coal, we have a lot of natural gas. We even have some oil
being brought up with the natural gas. I support all that. But we know
one thing about

[[Page H4936]]

that: it is finite. It is not going to be there for future generations.
ARPA-E leads us into a new future, and this amendment moves us in the
proper direction.
Mr. Chairman, I urge my colleagues to support the Beyer-Eshoo-Esty
amendment.
I yield back the balance of my time.
Mr. BEYER. Mr. Chairman, I simply add that we are not cutting the
fossil fuel research and development, which we do believe in. This is a
plus-up from last year of at least $30 million and 50 percent more than
President Trump has requested.
All we are simply doing is trying to appropriate to ARPA-E what was
enacted by this Congress and, also, to point out that ARPA-E does not
exclude fossil fuel research.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Beyer).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BEYER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Virginia
will be postponed.

Amendment No. 19 Offered by Mr. Smith of Texas

The Acting CHAIR. It is now in order to consider amendment No. 19
printed in part B of House Report 115-711.
Mr. SMITH of Texas. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 27, line 11, after the dollar amount, insert
``(reduced by $126,800,000) (increased by $126,800,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from Texas (Mr. Smith) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. SMITH of Texas. Mr. Chairman, I offer an amendment to H.R. 5895,
the Energy and Water Development and Related Agencies Appropriations
Act of 2019.
I first want to thank the gentleman from Idaho, Congressman Mike
Simpson, the chairman of the House Appropriations Energy and Water
Development and Related Agencies Subcommittee, for working with us to
develop a strong, pro-science appropriations bill.
I strongly support division A of this legislation, and I appreciate
the chairman's initiative in basic science research.
This amendment provides for critical facility upgrades and
construction of basic research infrastructure that are within the core
mission of the Department of Energy and will lead to scientific
discoveries that will maintain U.S. leadership in innovation and
technology.
In February, the House unanimously passed three bipartisan House
Science, Space, and Technology Committee research infrastructure bills:
H.R. 4376, the Department of Energy Research Infrastructure Act; H.R.
4377, the Accelerating American Leadership in Science Act; and H.R.
4378, the Nuclear Energy Research Infrastructure Act. These bills
authorized full funding for upgrades in construction of several high-
priority user facilities at DOE National Labs.
This amendment provides $76.8 million from within funds appropriated
to the Office of Science to meet the House-passed authorization levels
for four of the infrastructure projects included in these bills,
including the LINAC Coherent Light Source high energy upgrade, the
proton power upgrade to the Spallation Neutron Source, the construction
of the Spallation Neutron Source Second Target Station, and the
construction of the Facility for Rare Isotope Beams.
My amendment also fully supports basic research in fusion energy
science, a field that could lead to a revolutionary new energy source.
Specifically, it provides $50 million from within the funds
appropriated to the Office of Science for the direct U.S. commitment
for fiscal year 2019 to the construction of the International
Thermonuclear Experimental Reactor, or ITER, project.
While I am pleased that division A of this legislation provides $163
million for the agreed-to hardware and other in-kind contributions,
cash contributions to ITER are not designated in the bill. My amendment
is intended to address this issue and fully fund the U.S. commitment in
fiscal year 2019.
I want to also draw attention to another shared priority with the
chairman, reinstating the Low Dose Radiation Research Program at DOE.
This program is essential to understanding the health impact of low
doses of radiation.
There is a broad consensus within the radiobiology community that
more research is necessary for Federal agencies, physicians, and
related experts to make better-informed decisions regarding low-dose
radiation.

{time} 1800

Earlier this year, the House passed H.R. 4675, the Low Dose Radiation
Research Act, which authorizes $20 million in fiscal year 2019. I hope
we can work together to provide this funding for low dose radiation
research.
Mr. Chair, I again thank Chairman Simpson for his long-standing
support of basic research and investments in DOE's best-in-the-world
science facilities.
I greatly appreciate the effort the chairman has made to prioritize
fundamental science and our long-standing partnership to responsibly
fund DOE.
Mr. Chair, I am prepared to withdraw my amendment and to continue
working with the chairman to advance the House-passed authorization
levels for these important projects in conference.
Mr. Chair, I reserve the balance of my time.
Mr. SIMPSON. Mr. Chair, I claim the time in opposition to the
amendment, even though I am not opposed to it.
The Acting CHAIR. Without objection, the gentleman from Idaho is
recognized for 5 minutes.
There was no objection.
Mr. SIMPSON. Mr. Chair, I thank the chairman of the Science Committee
for his amendment and for the authorizers' strong support for this
bill. I recognize the House-passed authorizations for DOE research,
infrastructure construction and facilities upgrades, and the low dose
radiation research are priorities of the Science Committee.
I appreciate the chairman highlighting these priorities and I look
forward to working with him as we move to conference to ensure these
projects receive sufficient funding.
Mr. Chair, I yield back the balance of my time.
Mr. SMITH of Texas. Mr. Chair, I appreciate Chairman Simpson's
commitment and support.
I yield back the balance of my time.
Mr. Chair, I withdraw my amendment.
The Acting CHAIR. The amendment is withdrawn.

Amendment No. 20 Offered by Mr. Keating

The Acting CHAIR (Mr. Thompson of Pennsylvania). It is now in order
to consider amendment No. 20 printed in part B of House Report 115-711.
Mr. KEATING. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 27, line 21, after the dollar amount, insert
``(reduced by $5,000,000)(increased by $5,000,000)''.

[[Page H4937]]

Pilgrim has been operating for over 45 years in Massachusetts, and
its spent fuel has been stored there ever since.
The Pilgrim Plant is slated to retire in 2019, almost exactly 1 year
from today. The spent fuel there needs to be addressed. My community in
Plymouth and those around the country are asking legitimate questions
on how the safety and security of these materials can be increased.
We have an opportunity to dig deeper into these questions and find
better answers for my constituents and for people around the country
who have a nuclear power plant nearby.
New advanced research should examine how the safety and security of
spent fuel pools can be improved.
Additionally, the safe transfer of materials to dry casks deserves to
be reexamined, as does the design and long-term integrity of dry casks.
Furthermore, research into the transportation and ultimate disposal of
spent fuel is crucial in identifying the best and safest long-term
solutions. They too need to be examined and improved.
My amendment supports further research into these areas so that when
nuclear energy is part of our communities, we are able to ensure, as
best we can, that spent nuclear fuel is secure and not posing
unnecessary threats.
Mr. Chair, I thank my colleagues for their consideration of this
amendment and urge their support.
Mr. Chair, I reserve the balance of my time.
Ms. KAPTUR. Mr. Chair, I claim the time in opposition to the
amendment, even though I am not opposed to it.
The Acting CHAIR. Without objection, the gentlewoman from Ohio is
recognized for 5 minutes.
There was no objection.
Ms. KAPTUR. Mr. Chair, I rise to support my good colleague,
Congressman Keating, and his amendment dealing with spent nuclear fuel.
We need a solution all across our country to spent nuclear fuel
stored on dozens and dozens of sites across our country.
We thought we had a solution. $14 billion has been invested in the
Yucca Mountain facility, and yet because of opposition from those who
were not consulted in Nevada before that site was constructed, our
Nation has been at a standstill. So I want to compliment the gentleman
from Massachusetts for bringing up this issue.
Northern Ohio, a vast region that I and other Ohio Members represent,
has more than one nuclear power plant that is faced with spent nuclear
fuel onsite.
We know that the Department of Energy is doing tremendous work in
this arena, very fine work, but we simply can't continue to just keep
talking about this. We actually have to begin to store fuel in a much
safer way.
This amendment would build on the work that DOE has been doing to
continue to invest in such a critically important area as spent nuclear
fuel and its permanent storage.
Mr. Chair, I urge my colleagues to support the Keating amendment, and
I yield back the balance of my time.
Mr. KEATING. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Keating).
The amendment was agreed to.
The Acting CHAIR. It is now in order to consider amendment No. 21
printed in part B of House Report 115-711.

Amendment No. 22 Offered by Mr. Langevin

The Acting CHAIR. It is now in order to consider amendment No. 22
printed in part B of House Report 115-711.
Mr. LANGEVIN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 27, line 11, after the dollar amount, insert
``(reduced by $3,000,000) (increased by $3,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from Rhode Island (Mr. Langevin) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. LANGEVIN. Mr. Chairman, I offer this amendment today to direct $3
million to the Office of Science within the Department of Energy for
important nuclear fusion science work being done across the country.
Specifically, these funds would support divertor test tokamak
research and development. The fusion community has identified the need
for a tokamak specifically designed for divertor testing as a necessary
research facility to drive divertor innovation.
Fusion science, Mr. Chairman, is the future of energy production,
offering unique and substantial advantages compared to other
approaches. Fusion power is a safe, clean, and sustainable energy
source that could provide the United States with energy independence
and a nearly limitless energy supply. The future is closer than we
think. Sustainable fusion energy production is a very real possibility
within the next 10 years.
However, there are outstanding technical issues that must be solved
before we can harness fusion as a practical energy source. Among them
is dealing with extreme temperatures generated through the process,
over a million degrees. A tokamak designed with divertor tests in mind
could test potential solutions to this problem.
These funds support the immediate need of design conceptualization,
which will help keep the United States as a world leader in this area.
We must seize this opportunity and vigorously pursue this research and
development work.
This work may also have critical national security implications. The
House Report accompanying H.R. 5515, the fiscal year 2019 National
Defense Authorization Act that recently passed the House, contains
language asking the Department of Defense to explore this technology
and its potential use towards our national security objectives.
History has shown, Mr. Chairman, that research funding fosters
innovative ideas and new technologies that can produce order-of-
magnitude improvements over those presently employed. The current
fusion science research program suggests promising advancements in
plasma and material science, which could readily support defense
initiatives. To ensure this critical work continues and that we
capitalize on its findings, Congress must act to fund this important
work.
Mr. Chair, I thank Chairman Simpson and Ranking Member Kaptur for
taking my request into consideration. This investment is critical in
providing for our collective national and energy security, and I
respectfully urge its adoption.
Mr. Chair, I thank my colleagues for the consideration of this
amendment. I think it is important to try and meet the future energy
needs and national security needs of our country, and I again urge its
adoption.
Mr. Chair, I yield back of balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Rhode Island (Mr. Langevin).
The amendment was agreed to.

Amendment No. 23 Offered by Mr. Kihuen

The Acting CHAIR. It is now in order to consider amendment No. 23
printed in part B of House Report 115-711.
Mr. KIHUEN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 27, line 21, after the dollar amount, insert
``(reduced by $190,000,000)''.
Page 64, line 6, after the dollar amount, insert
``(increased by $190,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 918, the gentleman
from Nevada (Mr. Kihuen) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Nevada.
Mr. KIHUEN. Mr. Chairman, I come to the floor to discuss the State of
Nevada's fierce opposition to using Yucca Mountain as a nuclear waste
dump.
While I appreciate having the opportunity to speak to you today, I am
extremely frustrated with the recent actions Congress has taken to
revive this project.
Mr. Chairman, Yucca Mountain lies in my congressional district. In
the 30 years since Congress passed the ``Screw Nevada'' bill, Congress
has wasted $3.7 billion of taxpayers' money on a project that Nevada
has repeatedly said will not happen.

[[Page H4938]]

And now, this Congress wants to continue to egregiously spend money
on this failed project in fiscal year 2019 appropriations.
So once again, I am here to fight to prevent nuclear waste from ever
coming to my home State of Nevada. That is why I have introduced an
amendment to H.R. 5895, the Energy and Water Development and Related
Agencies Appropriations Act of 2019.
My amendment, Mr. Chairman, would strike $190 million for the
licensing of the nuclear waste depository at Yucca Mountain.
I routinely hear from my Republican colleagues on the need to reduce
our deficit and debt. I fully agree with the sentiment. Congress should
not waste another $190 million of taxpayer money on a project that will
not come to fruition.
But you should support my amendment not just on the fiscal basis. Mr.
Chairman, my home State of Nevada, which has no nuclear energy-
producing facilities, should not be the dumping ground for the rest of
the country's nuclear waste.
And this is not just an issue facing Nevadans. It is an issue that
impacts constituents from 329 congressional districts in 44 States and
Washington, D.C.
Putting a nuclear repository in Nevada's backyard means that this
high level nuclear waste must travel through your backyards first as
well.
Your constituents will see high level nuclear waste transported
through their communities on rail and by truck. A simple car crash or
train derailment will leave your constituents at risk and cost our
taxpayers more money to clean up the mess.
It is clear that reopening Yucca Mountain is fiscally unsound,
presents threats to people across the country, and is unwanted by the
people of Nevada. That is why I encourage you to support my amendment
to prevent nuclear waste from ever coming to Nevada.
Mr. Chair, I yield 2 minutes to the gentlewoman from Nevada (Ms.
Rosen), my colleague.

{time} 1815

Ms. ROSEN. Mr. Chairman, I rise in support of our amendment, which
would strike funding for the Yucca Mountain project.
Like the vast majority of Nevadans, I firmly oppose any attempt to
turn my State into the Nation's nuclear waste dump. Dumping nuclear
waste at Yucca Mountain wouldn't only endanger the health and safety of
my constituents, who live just 90 miles away in the Las Vegas Valley,
it would threaten millions of Americans in 44 States.
This ill-conceived plan would mean transporting tens of thousands of
metric tons of radioactive waste across this country. Those shipments
of hazardous material would travel on our highways and railways to
Nevada through over 329 congressional districts on a weekly basis for
more than 50 years.
Finally, reviving Yucca Mountain would jeopardize military testing
and training at our defense facilities.
Our amendment would strike $190 million for the licensing for this
administration's plan to turn Nevada into a dumping ground. That is the
bulk of the funding for this dangerous failure of a project. We
shouldn't waste another dime of taxpayer money on failed efforts to try
to send nuclear waste to Yucca Mountain.
It is time to move on from this reckless and costly project, so I
urge my colleagues to support our amendment to remove this licensing
funding and, instead, work with us on alternative solutions that
repurpose Yucca Mountain into something that can create jobs and keep
our families safe.
Mr. SHIMKUS. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. SHIMKUS. Mr. Chairman, let me be clear what this amendment does.
This is 1,000 pages of the safety and evaluation report by the
Nuclear Regulatory Commission--5 volumes. The Nuclear Regulatory
Commission is our independent safety agency on all things nuclear.
What my colleague from Nevada's amendment does is strip the money for
what they keep telling me they want. They want to prove the science.
They want to say it is not safe. The Nuclear Regulatory Commission says
it is safe for a million years.
Now, if my colleagues from Nevada want to debate the science, then
they can do that, per the Nuclear Waste Policy Act, through the
licensing project. But, no, they don't want to put their science up
against our independent nuclear safety agency. They want to adjudicate
this in the court of public opinion and deprive the money to have that
final science debate.
So this amendment is really an anti-science amendment to not debate
the NRC's finding, because we know that in their conclusion they say
storing nuclear waste in a long-term geological repository--and this is
the world consensus--in a deep geological repository is what the
world's scientists say is the safest way to store spent nuclear fuel
and defense waste.
That is not just the United States. That is France. That is Norway.
That is Great Britain. That is many of our allies and friends and their
scientists. Again, 1,000 pages, 5 volumes, public record.
This amendment takes that money away so we don't have a debate on the
science. It is either in the desert underneath a mountain, 1,000 feet
above the ground table, 1,000 feet below the top of the mountain, or it
is on the Pacific Ocean. Those are the choices that we had debated in
H.R. 3053.
And not only that, the Chamber as a whole, in a bipartisan manner,
said--340 Members--actually, more Democrats supported H.R. 3053 than
opposed it--340-72. Why? Because we have a national problem which
requires a national solution. We have to keep our promises.
These are the operating commercial and nuclear reactors. This doesn't
even talk about the defense issue. The national media from around the
country is on our side as far as moving forward if the science is found
to be reliable.
The Nuclear Regulatory Commission says a million years. The State of
Nevada says: Not so. Let's have the debate. Let's not strip the money
away to have that final debate. That is why I ask my colleagues to
reject this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. KIHUEN. Mr. Chairman, I reserve the balance of my time.
Mr. SHIMKUS. Mr. Chairman, I am glad this amendment came, because our
job now is to educate, not only the State of Nevada, but it is also to
educate our colleagues from across the country that the science debate,
the final decision needs to be through the licensing.
The Nuclear Regulatory Commission, our independent Federal nuclear
safety agency, says it will be safe for a million years. Nevada says:
Not so. Let's have the debate. Let's not strip the money.
Mr. Chairman, I yield back the balance of my time.
Mr. KIHUEN. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Nevada (Mr. Kihuen).
The amendment was rejected.
The Acting CHAIR. The Committee will rise informally.
The Speaker pro tempore (Mr. Shimkus) assumed the chair.

____________________