[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5895 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 449
115th CONGRESS
2d Session
H. R. 5895
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 12, 2018
Received; read the first time
June 13, 2018
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes.
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
(increased by $1,200,000), 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 (reduced by $7,000,000) (increased by $7,000,000), 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 (increased by $1,000,000),
to remain available until expended, of which such sums as are necessary
to cover the Federal share of eligible operation and maintenance costs
for coastal harbors and channels, and for inland harbors shall be
derived from the Harbor Maintenance Trust Fund; of which such sums as
become available from the special account for the Corps of Engineers
established by the Land and Water Conservation Fund Act of 1965 shall
be derived from that account for resource protection, research,
interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available; and
of which such sums as become available from fees collected under
section 217 of Public Law 104-303 shall be used to cover the cost of
operation and maintenance of the dredged material disposal facilities
for which such fees have been collected: Provided, That 1 percent of
the total amount of funds provided for each of the programs, projects,
or activities funded under this heading shall not be allocated to a
field operating activity prior to the beginning of the fourth quarter
of the fiscal year and shall be available for use by the Chief of
Engineers to fund such emergency activities as the Chief of Engineers
determines to be necessary and appropriate, and that the Chief of
Engineers shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities proportionally in
accordance with the amounts provided for the programs, projects, or
activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $200,000,000, to remain
available until September 30, 2020.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $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 (reduced by $1,200,000) (reduced by $1,030,000),
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 (reduced by $2,000,000) (increased by
$2,000,000) (reduced by $15,000,000) (increased by $15,000,000), 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 (reduced by $5,000,000)
(increased by $5,000,000), to be derived from such sums as may be
collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the funds
made available under this heading may be used for the acquisition or
leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $35,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
CALFED implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2020, $61,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in 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
(increased by $2,000,000) (increased by $1,000,000), 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 (increased by $1,000,000), 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 (increased by $1,000,000), 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 (reduced by $20,000,000) (increased by
$20,000,000), 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:
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 (reduced by $3,000,000) (increased by $3,000,000), 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 (reduced
by $5,000,000) (increased by $5,000,000), 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 (reduced by $2,000,000) (reduced by $1,000,000) (reduced
by $1,000,000) (reduced by $1,000,000) (increased by $1,000,000)
(reduced by $1,000,000), to remain available until September 30, 2020,
including the hire of passenger motor vehicles and official reception
and representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $96,000,000 in fiscal year
2019 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2019 appropriation from the general fund estimated at not more than
$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
(increased by $24,000,000), to remain available until expended:
Provided, That of such amount, $102,022,000 shall be available until
September 30, 2020, for program direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, 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 (reduced by
$24,000,000), to remain available until September 30, 2020, including
official reception and representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, 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 (reduced by $1,000,000) (increased by
$1,000,000), 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 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 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 (reduced by $1,000,000) (increased by
$1,000,000), 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 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.
Sec. 512. None of the funds made available by this Act may be used
to sell the transmission assets of the Bonneville Power Administration,
the Southwestern Power Administration, the Western Area Power
Administration, or the Tennessee Valley Authority.
Sec. 513. The amounts otherwise provided by this Act are revised
by reducing the amount made available for ``Corps of Engineers-Civil--
Investigations'', and increasing the amount made available for the same
account, by $3,000,000.
Sec. 514. None of the funds made available by this Act for
``Department of Energy--Energy Programs--Science'' may be used in
contravention of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.).
Sec. 515. None of the funds made available by this Act may be used
to purchase heavy water from Iran.
Sec. 516. The amounts otherwise provided by this Act are revised
by reducing the amount made available for ``Corps of Engineers-Civil--
Construction'', and increasing the amount made available for the same
account, by $100,000,000.
Sec. 517. None of the funds made available by this Act may be used
to enforce the criteria of abandonment described in provision G of
provision V of the rule published in the Federal Register at 58 Fed.
Reg. 45008 (relating to Clean Water Act Regulatory Programs).
Sec. 518. None of the funds made available by this Act may be used
to prepare, propose, or promulgate any regulation or guidance that
references or relies on the analysis contained in--
(1) ``Technical Support Document: Social Cost of Carbon for
Regulatory Impact Analysis Under Executive Order 12866'',
published by the Interagency Working Group on Social Cost of
Carbon, United States Government, in February 2010;
(2) ``Technical Support Document: Technical Update of the
Social Cost of Carbon for Regulatory Impact Analysis Under
Executive Order 12866'', published by the Interagency Working
Group on Social Cost of Carbon, United States Government, in
May 2013 and revised in November 2013;
(3) ``Revised Draft Guidance for Federal Departments and
Agencies on Consideration of Greenhouse Gas Emissions and the
Effects of Climate Change in NEPA Reviews'', published by the
Council on Environmental Quality on December 24, 2014 (79 Fed.
Reg. 77801);
(4) ``Technical Support Document: Technical Update of the
Social Cost of Carbon for Regulatory Impact Analysis Under
Executive Order 12866'', published by the Interagency Working
Group on Social Cost of Carbon, United States Government, in
July 2015;
(5) ``Addendum to the Technical Support Document on Social
Cost of Carbon for Regulatory Impact Analysis Under Executive
Order 12866: Application of the Methodology to Estimate the
Social Cost of Methane and the Social Cost of Nitrous Oxide'',
published by the Interagency Working Group on Social Cost of
Greenhouse Gases, United States Government, in August 2016; or
(6) ``Technical Support Document: Technical Update of the
Social Cost of Carbon for Regulatory Impact Analysis Under
Executive Order 12866'', published by the Interagency Working
Group on Social Cost of Greenhouse Gases, United States
Government, in August 2016.
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 (increased by $250,000) (increased by $500,000), as
follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $25,378,875,
including: Office of the Speaker, $7,123,634, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,642,739, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,751,946, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $2,197,163,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip,
$1,700,079, including $5,000 for official expenses of the Minority
Whip; Republican Conference, $2,186,819; Democratic Caucus, $1,776,495:
Provided, That such amount for salaries and expenses shall remain
available from January 3, 2019 until January 2, 2020.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $573,630,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $127,903,173: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2020, except that $4,000,000 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$23,112,971, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2020.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $217,845,000 (increased by $500,000), 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 (increased
by $500,000), 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 (increased by $250,000), 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 (increased by $250,000), to remain available
until expended; Office of Congressional Ethics, $1,670,000; and
miscellaneous items including purchase, exchange, maintenance, repair
and operation of House motor vehicles, interparliamentary receptions,
and gratuities to heirs of deceased employees of the House, $722,000.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2019. Any amount remaining after all
payments are made under such allowances for fiscal year 2019 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made,
for reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the
House of Representatives shall have authority to prescribe regulations
to carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
delivery of bills and resolutions
Sec. 111. (a) None of the funds made available in any fiscal year
may be used to deliver a printed copy of a bill, joint resolution, or
resolution to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress) unless
the Member requests a copy.
(b) This section shall apply with respect to fiscal year 2019 and
each succeeding fiscal year.
delivery of congressional record
Sec. 112. (a) None of the funds made available in any fiscal year
may be used to deliver a printed copy of any version of the
Congressional Record to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress).
(b) This section shall apply with respect to fiscal year 2019 and
each succeeding fiscal year.
limitation on amount available to lease vehicles
Sec. 113. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an
aggregate amount that exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 114. (a) None of the funds made available in any fiscal year
may be to provide an aggregate number of more than 50 printed copies of
any edition of the United States Code to all offices of the House of
Representatives.
(b) This section shall apply with respect to fiscal year 2019 and
each succeeding fiscal year.
delivery of reports of disbursements
Sec. 115. (a) None of the funds made available in any fiscal year
may be used to deliver a printed copy of the report of disbursements
for the operations of the House of Representatives under section 106 of
the House of Representatives Administration Reform Technical
Corrections Act (2 U.S.C. 5535) to the office of a Member of the House
of Representatives (including a Delegate or Resident Commissioner to
the Congress).
(b) This section shall apply with respect to fiscal year 2019 and
each succeeding fiscal year.
delivery of daily calendar
Sec. 116. (a) None of the funds made available in any fiscal year
may be used to deliver to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress) a printed copy of the Daily Calendar of the House of
Representatives which is prepared by the Clerk of the House of
Representatives.
(b) This section shall apply with respect to fiscal year 2019 and
each succeeding fiscal year.
delivery of congressional pictorial directory
Sec. 117. (a) None of the funds made available in any fiscal year
may be used to deliver a printed copy of the Congressional Pictorial
Directory to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress).
(b) This section shall apply with respect to fiscal year 2019 and
each succeeding fiscal year.
repeal of authorizations for former speakers
Sec. 118. (a) Repeal of Authorizations for Office Space, Office
Expenses, Franking and Printing Privileges, and Staff.--The first
section and sections 2, 4, 5, and 8 of House Resolution 1238, Ninety-
first Congress, agreed to December 22, 1970 (as enacted into permanent
law by chapter VIII of the Supplemental Appropriations Act, 1971) (2
U.S.C. 5125(a), 5126, 5127, 5128, and 5129) are repealed.
(b) Conforming Amendment.--Subsection (b) of the first section of
Public Law 93-532 (2 U.S.C. 5125(b)) is repealed.
(c) Effective Date.--The amendments made by this section shall
apply with respect to any individual who serves as a Representative in
Congress during the One Hundred Fifteenth Congress or any succeeding
Congress.
adjustments to compensation
Sec. 119. Notwithstanding any other provision of law, no
adjustment shall be made under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of living
adjustments for Members of Congress) during fiscal year 2019.
transfer authority
Sec. 120. (a) Authority To Make Transfers Among House Leadership
Offices.--Section 101 of the Legislative Branch Appropriations Act,
1993 (2 U.S.C. 5507) is amended by adding at the end the following new
subsection:
``(f) Amounts appropriated for any fiscal year for the House of
Representatives under the heading `House Leadership Offices' may be
transferred among and merged with the various offices and activities
under such heading, effective upon the expiration of the 21-day period
(or such alternative period that may be imposed by the Committee on
Appropriations of the House of Representatives) which begins on the
date such Committee has been notified of the transfer.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2019 and each succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$11,169,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,740,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned to
the Office of the Attending Physician, which shall be advanced
and credited to the applicable appropriation or appropriations
from which such salaries, allowances, and other expenses are
payable and shall be available for all the purposes thereof,
$3,798,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,486,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $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 (reduced by $250,000).
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.
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 (reduced by $500,000), 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 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.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $93,407,000, of
which not more than $39,218,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2019 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess of the
amount authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $6,272,000 shall be derived from
collections during fiscal year 2019 under sections 111(d)(2),
119(b)(3), 803(e), 1005, and 1316 of such title: Provided further, That
the total amount available for obligation shall be reduced by the
amount by which collections are less than $45,490,000: Provided
further, That $4,328,000 shall be derived from prior year unobligated
balances: Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an ``International
Copyright Institute'' in the Copyright Office of the Library of
Congress for the purpose of training nationals of developing countries
in intellectual property laws and policies: Provided further, That not
more than $6,500 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and reception
expenses for activities of the International Copyright Institute and
for copyright delegations, visitors, and seminars: Provided further,
That, notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $125,688,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication,
or preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress unless such
publication has obtained prior approval of either the Committee on
House Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate: Provided further, That this
prohibition does not apply to publication of non-confidential
Congressional Research Service (CRS) products: Provided further, That a
non-confidential CRS product includes any written product containing
research or analysis that is currently available for general
congressional access on the CRS Congressional Intranet, or that would
be made available on the CRS Congressional Intranet in the normal
course of business and does not include material prepared in response
to Congressional requests for confidential analysis or research.
Books for the Blind and Physically Handicapped
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $52,783,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 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 $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.
Sec. 211. None of the funds made available by this Act may be used
to purchase plastic drinking straws.
Sec. 212. None of the funds made available by this Act may be used
to enforce the amendment made by section 1501(d) of the Legislative
Branch Appropriations Act, 2010 (Public Law 111-68; 123 Stat. 2041).
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: 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 (reduced by
$5,000,000) (increased by $5,000,000), to remain available until
expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $330,660,000, to remain available
until September 30, 2023: 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 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.
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 (reduced by $1,000,000) (increased by $1,000,000)
(reduced by $1,000,000) (increased by $1,000,000) (reduced by
$5,000,000) (increased by $5,000,000) (reduced by $28,872,000)
(increased by $28,872,000) (increased by $5,000,000) (increased by
$5,000,000) (increased by $8,000,000), 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 (reduced by
$5,000,000) (reduced by $5,000,000) (reduced by $8,000,000), plus
reimbursements, shall become available on October 1, 2019, and shall
remain available until September 30, 2020: Provided, That, of the
amount made available on October 1, 2019, under this heading,
$2,000,000,000 shall remain available until September 30, 2021.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$7,106,150,000 (reduced by $5,000,000) (increased by $5,000,000)
(reduced by $1,500,000) (increased by $1,500,000), 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 (reduced by $1,000,000)
(increased by $1,000,000), 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 (reduced by
$1,000,000) (increased by $1,000,000), of which not to exceed 10
percent shall remain available until September 30, 2020.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $1,127,486,000, of which
$647,486,000 shall remain available until September 30, 2023; and of
which $480,000,000 shall remain available until expended, of which
$400,000,000 shall be available for seismic improvement projects and
seismic program management activities, including for projects that
would otherwise be funded by the Construction, Minor Projects, Medical
Facilities or National Cemetery Administration accounts: Provided,
That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and investment strategy studies
funded through the advance planning fund and the planning and design
activities funded through the design fund, including needs assessments
which may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those capital
investments funded through this account and contracting officers who
manage specific major construction projects, and funds provided for the
purchase, security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none of the
funds made available under this heading shall be used for any project
that has not been notified to Congress through the budgetary process or
that has not been approved by the Congress through statute, joint
resolution, or in the explanatory statement accompanying such Act and
presented to the President at the time of enrollment: Provided
further, That funds made available under this heading for fiscal year
2019, for each approved project shall be obligated: (1) by the awarding
of a construction documents contract by September 30, 2019; and (2) by
the awarding of a construction contract by September 30, 2020:
Provided further, That the Secretary of Veterans Affairs shall promptly
submit to the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above: Provided further , That notwithstanding the requirements of
section 8104(a) of title 38, United States Code, amounts made available
under this heading for seismic improvement projects and seismic program
management activities shall be available for the completion of both new
and existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$649,514,000, to remain available until September 30, 2023, along with
unobligated balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds made available under this heading
shall be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $150,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2019 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2019, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers
among the ``Medical Services'', ``Medical Community Care'', and
``Medical Support and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may take place
only after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to or from
the ``Medical Facilities'' account may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2018.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2019, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2019 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2019 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, the Office of Employment
Discrimination Complaint Adjudication, the Office of Accountability and
Whistleblower Protection, and the Office of Diversity and Inclusion for
all services provided at rates which will recover actual costs but not
to exceed $48,431,000 for the Office of Resolution Management,
$4,333,000 for the Office of Employment Discrimination Complaint
Adjudication, $17,700,000 for the Office of Accountability and
Whistleblower Protection, and $3,230,000 for the Office of Diversity
and Inclusion: Provided, That payments may be made in advance for
services to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems'' accounts for
use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State of
Alaska and Indian tribes and tribal organizations which are party to
the Alaska Native Health Compact with the Indian Health Service, to
provide healthcare, including behavioral health and dental care, to
veterans in rural Alaska. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska''
shall mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2019 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs 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 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.
Sec. 239. For an additional amount for the Department of Veterans
Affairs, $1,138,000,000 for the programs and activities authorized in
the VA MISSION Act of 2018 and the amendments made by such Act, which
shall be in addition to amounts otherwise made available in this Act
for such purpose, of which--
(1) $600,000,000 shall become available for the Veterans
Community Care Program under section 1703 of title 38, United
States Code, as amended by the VA MISSION Act of 2018, on the
effective date specified in section 101(b) of such Act; and
(2) $253,000,000 shall be available for the Family
Caregivers Program under section 1720G of title 38, United
States Code, as amended by such Act:
Provided, That amounts made available under this section shall remain
available until September 30, 2020.
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 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.
Sec. 516. None of the funds made available by this Act may be used
by the Secretary of Veterans Affairs in contravention of subchapter III
of chapter 20 of title 38, United States Code.
Sec. 517. The amounts otherwise provided by this Act are revised
by reducing the amount made available for ``Department of Veterans
Affairs--Departmental Administration--Information Technology Systems''
(and the amount specified under such heading for operations and
maintenance), and by increasing the amount made available in fiscal
year 2019 for ``Veterans Health Administration--Medical Services'', by
$2,500,000 and $2,000,000, respectively.
Sec. 518. None of the funds made available by this Act may be used
by the Secretary of Veterans Affairs to implement, administer, or
enforce section 17.3240 of title 38, Code of Federal Regulations, as
proposed in 82 Fed. Reg. 48018 (October 16, 2017).
Sec. 519. None of the funds appropriated or otherwise made
available by this division may be used to convey the 17.1 acres of land
and the 126 existing housing units known as Shenandoah Square and
located in Mountain View, California.
Sec. 520. None of the funds made available by this Act may be used
by the Secretary of Veterans Affairs to transfer funds made available
for the following programs:
(1) The Homeless Providers Grant and Per Diem program.
(2) The Domiciliary Care for Homeless Veterans program.
(3) The Supportive Services for Veteran Families program.
(4) The Department of Housing and Urban Development
Department of Veterans Affairs Supported Housing (HUD-VASH)
programs.
Sec. 521. None of the funds made available by this Act may be used
to propose, plan for, or execute a new or additional Base Realignment
and Closure (BRAC) round.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2019''.
Passed the House of Representatives June 8, 2018.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 449
115th CONGRESS
2d Session
H. R. 5895
_______________________________________________________________________
AN ACT
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2019, and for other
purposes.
_______________________________________________________________________
June 13, 2018
Read the second time and placed on the calendar