Highlights:
This bill provides FY2019 appropriations for several federal agencies. The bill includes 3 of the 12 regular FY2019 appropriations bills:
The departments and agencies funded in the bill include:
The bill also includes additional military construction funds which are designated as Overseas Contingency Operations (OCO)/ Global War on Terrorism funds and are not subject to discretionary spending limits.
Full Summary:
Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019
(Sec. 3) Specifies that, unless this bill expressly provides otherwise, references to "this Act" included in a division shall be treated as referring only to the provisions of that division.
(Sec. 4) Specifies that this bill provides appropriations for FY2019.
DIVISION A--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
Energy and Water Development and Related Agencies Appropriations Act, 2019
This division provides FY2019 appropriations for:
TITLE I--CORPS OF ENGINEERS--CIVIL
Provides appropriations to the Corps of Engineers for authorized civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts.
Provides appropriations to the Corps of Engineers for:
(Sec. 101) Prohibits the reprogramming of funds provided by this title except in specified circumstances.
(Sec. 102) Requires the Corps of Engineers to allocate funds provided in this division in accordance with the provisions of this division and the joint explanatory statement.
(Sec. 103) Prohibits funds provided by this title from being used for a contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated. Includes exception for funds made available through reprogramming.
(Sec. 104) Permits the Corps of Engineers to transfer to the U.S. Fish and Wildlife Service up to $5.4 million in Operation and Maintenance funds to mitigate for fisheries lost due to Corps of Engineers projects.
(Sec. 105) Prohibits funds provided by this division from being used for an open lake placement of dredged material originating from Lake Erie or its tributaries unless it is approved under a state water quality certification pursuant to the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Requires the Corps of Engineers to continue upland placement of the dredged material until an open lake placement for dredged materials is approved under a state water quality certification.
(Sec. 106) Requires acquisitions funded by this title to comply with regulations that prohibit the Department of Defense from purchasing buoy chain unless it is procured from a U.S. manufacturer.
(Sec. 107) Prohibits funds provided by this division from being used for a water supply reallocation study under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946.
(Sec. 108) Prohibits funds provided by this division from being used to require a permit for the discharge of dredged or fill material under the Clean Water Act for specified agricultural activities.
(Sec. 109) Prohibits funds provided by this division or available in the revolving fund established by the Civil Functions Appropriations Act of 1954 from being used for a new hopper dredge.
(Sec. 110) Prohibits funds from being used to reorganize or to transfer the civil works functions or authority of the Corps of Engineers or the Secretary of the Army to another department or agency.
TITLE II--DEPARTMENT OF THE INTERIOR
Provides appropriations to the Department of the Interior for the Central Utah Project.
Provides appropriations to the Bureau of Reclamation for:
Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles.
(Sec. 201) Specifies the circumstances in which Reclamation may reprogram or transfer funds provided by this title.
(Sec. 202) Prohibits funds provided by this division from being used to determine the final point of discharge for the interceptor drain for the San Luis Unit until Interior and California develop a plan to minimize any detrimental effect of the San Luis drainage waters. Requires the plan to conform to California water quality standards as approved by the Environmental Protection Agency.
Directs Interior to classify the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program as either reimbursable or nonreimbursable and collected until fully repaid pursuant to specified alternative repayment plans.
Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of the service or studies.
(Sec. 203) Specifies that, from November 1 through April 30, water users may use their diversion structures for the purpose of recharging the Eastern Snake Plain Aquifer when Interior 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) Amends the Omnibus Public Land Management Act of 2009 to extend the authority of the Bureau of Reclamation to conduct feasibility studies on certain projects that address water shortages within the Snake, Boise, and Payette River systems in Idaho.
(Sec. 205) Amends the Energy and Water Development and Related Agencies Appropriations Act, 2015 to: (1) extend the authorization for Interior pilot projects to increase Colorado River System water in Lake Mead and the initial units of Colorado River Storage Project reservoirs to address the effects of historic drought conditions, and (2) prohibit Interior from funding the pilot projects in the Upper Colorado River Basin without the participation of the Upper Colorado River Commission.
Amends the Secure Water Act of 2009 to increase from $450 million to $480 million the authorization of appropriations for grants and cooperative agreements for water management improvement.
(Sec. 206) Amends the Fort Peck Reservation Rural Water System Act of 2000 to extend the authorization for the Fort Peck/Dry Prairie Rural Water Project in Montana.
TITLE III--DEPARTMENT OF ENERGY
Provides appropriations to the Department of Energy (DOE) for Energy Programs, including:
Provides appropriations for the Atomic Energy Defense Activities of the National Nuclear Security Administration (NNSA), including:
Provides appropriations for Environmental and Other Defense Activities, including:
Provides appropriations for the Power Marketing Administrations, including:
Provides appropriations for the Federal Energy Regulatory Commission.
(Sec. 301) Prohibits funds provided by this title from be used for programs, projects, or activities that have not been funded by Congress.
Prohibits specified grants, contracts, allocations, and agreements unless Congress is notified in advance.
Prohibits funds from being used for certain multiyear Department of Energy--Energy Programs activities unless specified conditions are met and Congress is notified.
Establishes requirements and restrictions for the reprogramming of funds provided in this title.
Permits unexpended balances of prior appropriations provided for activities in this division to be transferred and merged with appropriations accounts established in this division.
(Sec. 302) Deems funds appropriated by this division for intelligence activities to be specifically authorized by Congress during FY2019 until the enactment of the Intelligence Authorization Act for FY2019.
(Sec. 303) Prohibits funds provided by this title from being used to construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Enterprise Assessments to ensure compliance with nuclear safety requirements.
(Sec. 304) Prohibits funds provided by this title from being used to approve certain critical decisions for construction projects exceeding $100 million until a separate independent cost estimate has been developed for the project for that critical decision.
(Sec. 305) Specifies congressional notification requirements and limitations regarding transfers of funds from DOE's Working Capital Fund.
(Sec. 306) Prohibits Defense Nuclear Nonproliferation funds from being used to enter into new contracts with, or new agreements for federal assistance to, the Russian Federation. Permits DOE to waive the prohibition if the activity is in the national security interests of the United States and a report justifying the waiver is submitted to Congress.
(Sec. 307) Prohibits DOE from establishing any new regional petroleum product reserve unless funding is explicitly requested in advance and approved by Congress in an appropriations Act.
(Sec. 308) Authorizes DOE to draw down and sell refined petroleum product from the Strategic Petroleum Reserve (SPR) upon a determination by the President in this fiscal year that:
Specifies that the proceeds from the sale must be deposited into the SPR Petroleum Account and remain available for obligation without fiscal year limitation, consistent with the Energy Policy and Conservation Act.
TITLE IV--INDEPENDENT AGENCIES
Provides appropriations for independent agencies, including:
(Sec. 401) Requires the NRC to comply with specified internal procedures when responding to congressional requests for information, consistent with Department of Justice guidance for all federal agencies.
(Sec. 402) Specifies the circumstances in which funds provided by this title may be reprogrammed.
TITLE V--GENERAL PROVISIONS
(Sec. 501) Prohibits funds provided by this division from being used to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate with Members of Congress as permitted under current law.
(Sec. 502) Specifies restrictions and requirements for transfers of funds into and out of accounts funded by this division.
(Sec. 503) Prohibits funds provided by this division from being used to contravene Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations).
(Sec. 504) Prohibits the use of funds provided by this division for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.
(Sec. 505) Provides additional appropriations to the Bureau of Reclamation Water and Related Resources account to be transferred to Reclamation's Upper Colorado River Basin Fund to carry out certain environmental stewardship and endangered species recovery efforts.
DIVISION B--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2019
Legislative Branch Appropriations Act, 2019
This division provides appropriations for Congress and the agencies that serve Congress.
It includes funding for the House of Representatives, the Senate, and Joint Items such as the Joint Economic Committee, the Joint Committee on Taxation, and the Office of the Attending Physician.
It also provides appropriations for:
TITLE I--LEGISLATIVE BRANCH
Provides appropriations to the Senate for:
(Sec. 101) Requires amounts remaining in the Senators' Official Personnel and Office Expense Account be used for deficit or debt reduction.
(Sec. 102) Amends the Federal Election Campaign Act of 1971 to require Senate political committees to file certain campaign finance designations, statements, and reports directly with the Federal Election Commission instead of with the Secretary of the Senate.
(Sec. 103) Extends the authority for the Senate National Security Working Group through 2020.
Provides appropriations to the House of Representatives for:
(In this division, the term "Member of the House of Representatives" also includes a Delegate or Resident Commissioner to the Congress.)
(Sec. 110) Requires amounts remaining in Members' Representational Allowances after all payments are made for FY2019 to be used for deficit or debt reduction.
(Sec. 111) Prohibits funds provided in any fiscal year from being used to deliver a printed copy of a bill, joint resolution, or resolution to the office of a Member of the House of Representatives unless the Member requests a copy.
(Sec. 112) Prohibits funds provided in any fiscal year from being used to deliver a printed copy of the Congressional Record to the office of a Member of the House of Representatives.
(Sec. 113) Prohibits funds provided by this division from being used to make payments from any Members' Representational Allowance to lease a vehicle, excluding mobile district offices, in an aggregate amount that exceeds $1,000 for the vehicle in any month.
(Sec. 114) Prohibits funds provided in any fiscal year from being used to provide an aggregate number of more than 50 printed copies of any edition of the U.S. Code to all offices of the House of Representatives.
(Sec. 115) Prohibits funds provided in any fiscal year from being used to deliver a printed copy of the report of disbursements for the operations of the House of Representatives to the office of a Member of the House of Representatives.
(Sec. 116) Prohibits funds provided in any fiscal year from being used to deliver to the office of a Member of the House Representatives a printed copy of the Daily Calendar of the House of Representatives prepared by the Clerk of the House of Representatives.
(Sec. 117) Prohibits funds provided in any fiscal year from being used to deliver a printed copy of the Congressional Pictorial Directory to the office of a Member of the House of Representatives.
(Sec. 118) Repeals the authorizations for office space, office expenses, franked mail and printing privileges, and staff for former Speakers of the House of Representatives.
(Sec. 119) Provides transfer authority for funds provided for House Leadership Offices.
(Sec. 120) Establishes and authorizes FY2019 appropriations for an allowance for compensating interns who serve in the offices of Members of the House of Representatives.
Specifies that: (1) each office may not use more than $20,000 of the allowance per year, and (2) this provision has no effect on the use of the Members' Representational Allowance to compensate interns.
Provides appropriations for Joint Items, including:
Provides appropriations for:
Provides appropriations to the Architect of the Capitol (AOC) for:
(Sec. 130) Prohibits funds provided by this division for the AOC from being used to make incentive or award payments to contractors for work that is behind schedule or over budget, unless the deviations are due to unforeseeable events, government-driven scope changes, or are insignificant within the overall scope of the project or program.
(Sec. 131) Prohibits funds provided by this division from being used for scrims (coverings for buildings that are being renovated) containing photographs of building facades during restoration or construction projects performed by the AOC.
(Sec. 132) Amends the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States, with respect to the Capitol Police and Buildings and Ground Account, to: (1) specify that the uses for the account include AOC resilience and security programs; and (2) permit the AOC, with congressional approval, to receive interagency transfers of funds to carry out the purposes of the account.
(Sec. 133) Modifies the AOC's small purchase contracting authority to permit the AOC to use special simplified procedures for purchases of property and services if the aggregate amount does not exceed $250,000.
(Sec. 134) Permits the AOC to enter into a joint agency agreement to provide for interagency employee detailees.
(Sec. 135) Permits the AOC to accept, or authorize an AOC employee to accept, payments from nonfederal sources for travel, subsistence, and related expenses for the attendance of an employee (or the spouse of an employee) at a meeting or similar function relating to the employee's official duties.
Provides appropriations to the Library of Congress (LOC) for:
(Sec. 140) Limits the FY2019 obligational authority of the LOC for reimbursable and revolving fund activities funded from sources other than appropriations.
Provides appropriations to the Government Publishing Office for:
Provides appropriations to:
TITLE II--GENERAL PROVISIONS
(Sec. 201) Prohibits funds provided by this division from being used for the maintenance or care of private vehicles, except for emergency assistance and cleaning, as provided under regulations for the House and Senate parking facilities.
(Sec. 202) Prohibits funds provided by this division from remaining available for obligation beyond FY2019 unless expressly provided in this division.
(Sec. 203) Provides that: (1) rates of compensation or designations of offices or positions included in this division that are either not established by the Legislative Pay Act of 1929 or are contrary to that Act are considered permanent law, and (2) provisions in this division for official congressional expenses and clerk hire for Senators and Members of the House of Representatives are permanent law.
(Sec. 204) Limits contracts for certain consulting services to those where expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law or under an executive order issued under existing law.
(Sec. 205) Permits legislative branch entities participating in the Legislative Branch Financial Managers Council to use funds provided for administrative expenses to pay a share of the cost of the council if the total cost shared among all participating entities does not exceed $2,000.
(Sec. 206) Prohibits funds provided by this division from being transferred to any department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to authority provided by an appropriations Act.
(Sec. 207) Prohibits the AOC from using funds provided by this division to eliminate or restrict guided Capitol tours led by congressional employees and interns other than through regulations authorized by the Capitol Visitor Center of 2008, subject to an exception permitting tours to be suspended for security or related reasons.
(Sec. 208) Prohibits funds provided by this division from being used to acquire telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation or a high-impact or moderate-impact information system unless the agency, office, or entity acquiring the system meets certain requirements for reviews, assessments, reports, and mitigation strategies for risks.
(Sec. 209) Prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.
(Sec. 210) Requires agencies and offices funded by this division to confer and coordinate with their food service providers, in consultation with disability advocacy groups, to eliminate or reduce plastic waste, including waste from plastic straws, explore the use of biodegradable items, and increase recycling and composting opportunities.
(Sec. 211) Requires agencies, offices, and entities funded by this division to report to Congress regarding the estimated dollar amounts for cost-of-living adjustments (COLAs) included in the FY2019 budget request for each appropriations account. Specifies that, if executive branch agencies do not receive a COLA, the legislative branch entities may only spend the reported dollar amounts after receiving congressional approval.
(Sec. 212) Prohibits COLAs for Members of Congress during FY2019.
DIVISION C--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2019
This division provides FY2019 appropriations to the Department of Defense (DOD) for military construction, military family housing, the U.S. share of the North Atlantic Treaty Organization Security Investment Program, and base closures and realignments.
The division also provides appropriations to the Department of Veterans Affairs (VA) for veterans benefit and health care programs, departmental administration, and the National Cemetery Administration.
Related agencies and programs funded in the division include:
The division also includes additional military construction funds which are designated as Overseas Contingency Operations (OCO)/ Global War on Terrorism funds and are not subject to discretionary spending limits.
TITLE I--DEPARTMENT OF DEFENSE
Provides appropriations to the Department of Defense (DOD) for Military Construction for:
Provides appropriations to DOD for the North Atlantic Treaty Organization (NATO) Security Investment Program.
Provides appropriations for the DOD Base Closure Account.
Provides appropriations to DOD for Construction and Operation and Maintenance of Family Housing for:
Provides appropriations to DOD for: (1) the Family Housing Improvement Fund, and (2) the Military Unaccompanied Housing Improvement Fund.
(Sec. 101) Prohibits funds provided by this title from being used for payments exceeding $25,000 under a cost-plus-a-fixed-fee contract for construction in the United States without a specific DOD approval in writing. Includes an exception for work that is to be performed in Alaska.
(Sec. 102) Permits construction funds provided by this title to be used for hiring passenger motor vehicles.
(Sec. 103) Permits construction funds provided by this title to be used for advances to the Federal Highway Administration for the construction of access roads DOD has certified as important to national defense.
(Sec. 104) Prohibits funds provided by this title from being used to begin construction of new bases in the United States without a specific appropriation.
(Sec. 105) Prohibits funds provided by this title from being used to purchase land or land easements in excess of 100% of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command. Includes exceptions for: (1) determinations of value by a federal court, (2) purchases negotiated by the Attorney General or a designee, (3) values less than $25,000, and (4) DOD determinations that the purchase is in the public interest.
(Sec. 106) Prohibits funds provided by this title from being used to acquire land, provide for site preparation, or install utilities for family housing, except housing for which appropriations have been provided.
(Sec. 107) Prohibits funds provided by this title for minor construction from being used to transfer or relocate any activity from one base or installation to another without notifying Congress in advance.
(Sec. 108) Prohibits funds provided by this title from being used to procure steel for construction unless American producers, fabricators, and manufacturers have been allowed to compete for the procurement.
(Sec. 109) Prohibits funds provided to DOD for military construction or family housing during the current fiscal year from being used to pay real property taxes in any foreign nation.
(Sec. 110) Prohibits funds provided by this title from being used to initiate a new installation overseas without notifying Congress in advance.
(Sec. 111) Prohibits funds provided by this title from being used for architect and engineer contracts estimated to exceed $500,000 for projects in Japan, NATO member countries, or countries bordering the Arabian Gulf unless the contracts are awarded to U.S. firms or U.S. firms in joint ventures with host nation firms.
(Sec. 112) Prohibits funds provided by this title for military construction in U.S. territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf from being used to award a contract over $1 million to a foreign contractor. Includes exceptions.
(Sec. 113) Requires DOD to notify Congress in advance of the plans and scope of any proposed military exercise involving U.S. personnel if the construction costs are anticipated to exceed $100,000.
(Sec. 114) Permits funds appropriated to DOD for construction in prior years to be used for construction projects authorized during the current session of Congress.
(Sec. 115) Permits expired or lapsed funds to be used to pay for supervision, inspection, overhead, engineering, and design costs for military construction or family housing projects being completed with lapsed or expired funds.
(Sec. 116) Permits funds provided for the construction of military projects to be available for five years if the funds for the project: (1) are obligated from funds available for military construction, and (2) do not exceed the amount appropriated or permitted by law for the project.
(Sec. 117) Permits the following transfers if Congress is notified and specified conditions are met:
Specifies that the transferred funds shall be available for DOD loans or loan guarantees pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities.
(Sec. 118) Permits the transfer of funds from the DOD Base Closure Account to the fund established to pay expenses associated with the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 119) Specifies that funds for operation and maintenance of family housing in this title shall be the only source of funds for repair and maintenance of all family housing units, including general or flag officer quarters. Sets forth limitations and requirements for expenditures for maintenance and repair of general or flag officer quarters.
(Sec. 120) Appropriates funds contained in the Ford Island Improvement Account to remain available until expended or transferred.
(Sec. 121) Permits the transfer of unobligated balances of expired military construction and family housing funds into the Foreign Currency Fluctuations--Construction--Defense account.
(Sec. 122) Prohibits the Army from using funds provided by this division to relocate a unit that: (1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated under current law, and (2) is located at a military installation where the total number of Army civilian employees and contractor personnel exceeds 10% of the regular and reserve Army personnel assigned to the installation. Includes an exception if the Army notifies Congress of the relocation's compliance with Army Regulation 5-10 concerning stationing actions.
(Sec. 123) Permits funds provided to an account in this title to be transferred among projects and activities within the account subject to specified DOD reprogramming guidelines for military and family housing construction.
(Sec. 124) Prohibits funds provided by this title from being used for the planning, design, and construction of projects at Arlington National Cemetery.
(Sec. 125) Provides specified additional funds to remain available through FY2023 for unfunded military construction priorities.
(Sec. 126) Rescinds specified unobligated balances from the following VA accounts and programs:
(Sec. 127) Defines "congressional defense committees" to include the House and Senate Armed Services Committees and Appropriations Subcommittees on Military Construction and Veterans Affairs.
(Sec. 128) Prohibits funds provided by this division from being used for the closure or realignment of the U.S. Naval Station, Guantanamo Bay, Cuba.
(Sec. 129) Prohibits funds from being used to consolidate or relocate any element of a U.S. Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer (RED HORSE) squadron outside of the United States until the Air Force: (1) submits to Congress an analysis and comparison of the cost and investment required to consolidate or relocate a RED HORSE squadron outside of the United States versus within the United States, and (2) certifies to Congress that the preferred site yields the greatest savings.
(Sec. 130) Provides additional appropriations for completion of the Defense Access Roads project and land acquisition for Arlington National Cemetery.
(Sec. 131) Requires specified FY2019 Military Construction--Defense-Wide funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2019 to be immediately available and allotted to contract for the full scope of authorized projects.
(Sec. 132) Provides additional military construction funds to the Air Force and the Navy and Marine Corps to remain available through FY2023 for enhancing force protection and safety at military installations.
TITLE II--DEPARTMENT OF VETERANS AFFAIRS
Provides appropriations to the Veterans Benefits Administration (VBA) for:
Provides appropriations to the Veterans Health Administration (VHA) for:
Provides appropriations to the National Cemetery Administration.
Provides appropriations to the VA for Departmental Administration, including:
(Sec. 201) Specifies transfer authorities and requirements for the VBA.
(Sec. 202) Specifies transfer authorities and requirements for the VHA.
(Sec. 203) Permits appropriations provided by this title for salaries and expenses to be used for employment of temporary or intermittent experts and consultants, hire of passenger vehicles, lease of a facility or land or both, and uniforms.
(Sec. 204) Prohibits appropriations in this title other than Construction--Major Projects and Construction--Minor Projects from being used for land acquisition for or construction of any new hospital or home.
(Sec. 205) Requires the VA to be reimbursed for medical services it provides to any person not defined as a beneficiary under specified laws.
(Sec. 206) Permits appropriations provided by this title for Compensation and Pensions, Readjustment Benefits, and Veterans Insurance and Indemnities to be used for payment of prior year accrued obligations for the accounts recorded in the last quarter of FY2018.
(Sec. 207) Permits appropriations provided by this title to be used to pay specified prior year obligations. Requires obligations from trust fund accounts to be paid only from the Compensation and Pensions account.
(Sec. 208) Requires the VA to use surplus earnings from the National Service Life Insurance Fund, the Veterans' Special Life Insurance Fund, and the United States Government Life Insurance Fund to reimburse the General Operating Expenses--Veterans Benefits Administration and Information Technology Systems accounts for the costs to administer the insurance programs during FY2019.
(Sec. 209) Permits amounts deducted from enhanced-use lease proceeds for reimbursement of expenses from a prior year to be obligated in the year in which the proceeds are received.
(Sec. 210) Permits funds provided by this title for salaries and other administrative expenses to be used to reimburse the following offices for services provided, subject to specified limits:
(Sec. 211) Requires the VA to collect third-party reimbursement information prior to providing hospital care, nursing home care, or medical services for a non-service connected disability. Permits the VA to recover reasonable charges for care from anyone who has not provided the required disclosures.
(Sec. 212) Permits enhanced-use leasing revenues to be deposited into the Construction--Major Projects and Construction--Minor Projects accounts to be used for construction, alterations, and improvements of VA medical facilities.
(Sec. 213) Permits funds provided for Medical Services to be used for: (1) furnishing recreational facilities, supplies, and equipment; and (2) funeral and burial expenses for beneficiaries receiving care from the VA.
(Sec. 214) Permits funds deposited in the Medical Care Collections Fund to be transferred to the Medical Services and Medical Community Care accounts and remain available until expended for the purposes of those accounts.
(Sec. 215) Permits the VA to enter into agreements with Federally Qualified Health Centers in 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. Defines "rural Alaska" as those lands which are not within the boundaries of the municipality of Anchorage or the Fairbanks North Star Borough.
(Sec. 216) Permits funds deposited into the Department of Veterans Affairs Capital Asset Fund to be transferred to the Construction--Major Projects and Construction--Minor Projects accounts to remain available until expended.
(Sec. 217) Requires the VA to report quarterly to Congress on the financial status of the VA.
(Sec. 218) Permits specified FY2019 VA funds to be transferred to or from the Information Technology Systems account if approved by Congress.
(Sec. 219) Permits specified FY2019 VA funds provided for medical accounts, Construction--Minor Projects, and Information Technology Systems to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.
(Sec. 220) Permits specified FY2020 VA advance funding provided for medical accounts to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.
(Sec. 221) Permits transfers from the Medical Care Collections Fund to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for the operation of combined federal medical facilities.
(Sec. 222) Requires specified funds from medical accounts to be transferred to the DOD-VA Health Care Sharing Incentive Fund to remain available until expended.
(Sec. 223) Prohibits the VA from using funds to replace the current system that the Veterans Integrated Service Networks use to select and contract for diabetes monitoring supplies and equipment.
(Sec. 224) Directs the VA to notify Congress of all bid savings in major construction projects that total at least $5 million or 5% of the programmed amount of the project, whichever is less.
(Sec. 225) Prohibits funds provided for the Construction--Major Projects account from being used to increase the scope of a project above the original budget request without congressional approval.
(Sec. 226) Requires the VA to submit to Congress quarterly reports containing performance measures and data from each VBA regional office.
(Sec. 227) Directs the VA to notify Congress before organizational changes that result in the transfer of 25 or more full-time equivalent staff from one organizational unit to another.
(Sec. 228) Requires the VA to report to Congress quarterly regarding any single national outreach and awareness marketing campaign exceeding $2 million.
(Sec. 229) Permits the VA to transfer funds to the Medical Services account if the transfer is necessary to address the needs of the VHA, meets specified requirements, and is approved by the Office of Management and Budget and Congress.
(Sec. 230) Permits FY2019 funds provided for the Board of Veterans Appeals and General Operating Expenses--Veterans Benefits Administration to be transferred between those accounts if Congress approves the transfer.
(Sec. 231) Prohibits the VA from reprogramming more than $7 million in funds among major construction projects or programs without congressional approval.
(Sec. 232) Requires the VA to ensure that the toll-free suicide hotline authorized under current law: (1) provides individuals who contact the hotline with immediate assistance from a trained professional, and (2) adheres to all requirements of the American Association of Suicidology.
Prohibits funds provided by this division from being used to enforce or otherwise carry out any executive action that prohibits the VA from appointing an individual to occupy a vacant civil service position, or establishing a new civil service position, with respect to the hotline.
Requires the VA to study the effectiveness of the hotline based on an analysis of national suicide data and data collected from the hotline.
(Sec. 233) Prohibits funds from being used to close, conduct an environmental assessment, or diminish services at certain VA medical facilities as part of a planned realignment of VA services until the VA submits to Congress a national realignment strategy and specified details.
(Sec. 234) Requires the VA to use the breast cancer screening guidelines issued on May 10, 2017, by the VHA National Center for Health Promotion and Disease Prevention.
(Sec. 235) Permits VA Medical Services funds to 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. Defines a "covered veteran" as a veteran who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment.
(Sec. 236) Rescinds specified funds provided by the Consolidated Appropriations Act, 2018 for the VHA Medical Support and Compliance Account.
(Sec. 237) Prohibits funds from being used to: (1) convert to contractor performance an activity or function performed by more than 10 federal employees unless the conversion is based on the result of a public-private competition and meets specified criteria, or (2) conduct studies comparing the costs of private and government provision of certain VHA products and services without a specific appropriation for that purpose.
(Sec. 238) Specifies that certain restrictions and requirements that apply to the use of funds to convert an activity of an executive agency to contractor performance do not apply to the conversion of an activity or function of the VHA, VBA, or National Cemetery Administration to contractor performance by a business concern that is at least 51% owned by one or more Indian Tribes or one or more Native Hawaiian Organizations.
(Sec. 239) Requires the VA to discontinue using Social Security numbers to identify individuals in all VA information systems. Includes an exception if the number is required to obtain information from an information system that is not under the jurisdiction of the VA.
(Sec. 240) Applies to FY2019 and FY2020 VA Medical Services funds a requirement for the VA to treat a marriage and family therapist that meets specified educational and licensing requirements as qualified to serve as a VA therapist.
(Sec. 241) Prohibits the VA from transferring funds from the Filipino Veterans Equity Compensation Fund to any other VA account.
(Sec. 242) Permits FY2019 and FY2020 Medical Services funds to be used to carry out and expand the pilot program for providing child care assistance to veterans receiving health care.
(Sec. 243) Applies to FY2019 and FY2020 VA funds a provision that specifies documentation that DOD may accept to verify that a coastwise merchant seaman performed active duty service under honorable conditions. Permits the individuals whose service is recognized as honorable to be: (1) awarded an appropriate medal, ribbon, or other military decoration based on the service; and (2) honored as a veteran with benefits limited to those described in this provision.
(Sec. 244) Permits the VA to use funds provided by this title to ensure that the ratio of veterans to full-time employment equivalents within any rehabilitation program does not exceed 125 veterans to one full-time employment equivalent. Requires the VA to report to Congress on rehabilitation programs including: (1) an assessment of the veteran-to-staff ratio for each program, and (2) recommendations to reduce the veteran-to-staff ratio for each program.
(Sec. 245) Prohibits the VA from using funds provided by this title to enter into an agreement related to resolving a dispute or claim with an individual that would restrict the individual from speaking to members of Congress or their staff on any topic not otherwise prohibited from disclosure or required by federal law or required by executive order to be kept secret in the interest of national defense or the conduct of foreign affairs.
(Sec. 246) Applies to FY2019 and FY2020 VA funds a requirement for certain details to be included in the budget justification documents submitted to Congress for the Construction--Major Projects account.
(Sec. 247) Prohibits funds provided by this division from being used to conduct research using canines unless: (1) the scientific objectives of the study can only be met by research with canines, (2) the study has been directly approved by the Secretary of Veterans Affairs, and (3) the study is consistent with the revised VA canine research policy document. Specifies reporting requirements for canine research.
(Sec. 248) Provides additional appropriations to the VA for infrastructure improvements, including new construction, for the following accounts and activities:
(Sec. 249) Requires departments and agencies funded by this division to provide an Inspector General (IG) funded by this division with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. Requires each IG to comply with specified statutory limitations on disclosure of the information provided.
(Sec. 250) Requires the VA to submit to Congress a plan to: (1) reduce the chances that clinical mistakes by VA employees will result in adverse events that require institutional or clinical disclosures, (2) prevent any unnecessary hardship for patients and families impacted by the adverse events.
(Sec. 251) Prohibits funds provided by this division from being used in a manner that would increase wait times for veterans seeking care at VA medical facilities.
(Sec. 252) Prohibits VHA funds provided by this division from being used to convert any program which received specific purpose funds in FY2018 to a general purpose funded program unless Congress is notified in advance and approves the proposal.
TITLE III--RELATED AGENCIES
Provides appropriations for related agencies, including:
(Sec. 301) Permits funds from concessions at Army National Military Cemeteries to be used to support activities at the cemeteries.
TITLE IV--OVERSEAS CONTINGENCY OPERATIONS
Provides appropriations to DOD for Overseas Contingency Operations Military Construction projects for the:
Designates the amounts provided in this title as for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985.
(Sec. 401) Specifies that funds designated in this division by Congress for Overseas Contingency Operations/Global War on Terrorism are only available if the President subsequently designates the amounts and transmits the designations to Congress.
(Sec. 402) Prohibits funds provided by this title for military construction projects outside of the United States from being used for planning and design of any project associated with the European Deterrence Initiative until DOD submits to Congress a list of the military construction projects associated with initiative that DOD anticipates will be carried out in each year during FY2020-FY2024.
TITLE V--GENERAL PROVISIONS
(Sec. 501) Prohibits the obligation of funds in this division beyond the current fiscal year unless expressly permitted in this division.
(Sec. 502) Prohibits the use of funds provided by this division for programs, projects, or activities not in compliance with federal laws related to risk assessment, the protection of private property rights, or unfunded mandates.
(Sec. 503) Encourages all departments and agencies funded in this division to expand their use of "E-Commerce" technologies and procedures.
(Sec. 504) Specifies the congressional committees that are to receive all reports and notifications required by this division.
(Sec. 505) Prohibits the transfer of funds to any part of the U.S. government without authority provided by an appropriations law.
(Sec. 506) Prohibits funds provided by this division from being used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the House of Representatives.
(Sec. 507) Requires agencies to post reports submitted to Congress on the public website of the agency. Includes exceptions for national security and confidential or proprietary information.
(Sec. 508) Prohibits the use of funds provided by this division for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.
(Sec. 509) Prohibits the use of funds provided by this division for first-class travel by an employee of the executive branch.
(Sec. 510) Prohibits the use of funds provided by this division for any contract where the contractor has not complied with E-Verify requirements for verification of eligibility for employment.
(Sec. 511) Prohibits DOD or the VA from using funds provided by this division to purchase or lease a new vehicle except in accordance with Presidential Memorandum--Federal Fleet Performance, dated May 24, 2011.
(Sec. 512) Prohibits the use of funds provided by this division for the renovation, expansion, or construction of any facility in the United States to house any individual detained at the U.S. Naval Station at Guantanamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or under the control of DOD. Includes an exception for modification to the facility at Guantanamo Bay.
[115th Congress Public Law 244]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 2897]]
Public Law 115-244
115th Congress
An Act
Making consolidated appropriations for Energy and Water Development, the
Legislative Branch, Military Construction, Veterans Affairs, and Related
Agencies for the fiscal year ending September 30, 2019, and for other
purposes. <<NOTE: Sept. 21, 2018 - [H.R. 5895]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Energy and
Water, Legislative Branch, and Military Construction and Veterans
Affairs Appropriations Act, 2019.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy and Water, Legislative Branch,
and Military Construction and Veterans Affairs Appropriations Act,
2019''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
DIVISION A--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION B--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2019
Title I--Legislative Branch
Title II--General Provisions
DIVISION C--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--General Provisions
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2019.
[[Page 132 STAT. 2898]]
DIVISION A--ENERGY <<NOTE: Energy and Water Development and Related
Agencies Appropriations Act, 2019.>> AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood and
storm damage reduction, shore protection, aquatic ecosystem restoration,
and related needs; for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm damage
reduction, shore protection, and aquatic ecosystem restoration projects,
and related efforts prior to construction; for restudy of authorized
projects; and for miscellaneous investigations, and, when authorized by
law, surveys and detailed studies, and plans and specifications of
projects prior to construction, $125,000,000, to remain available until
expended: <<NOTE: Studies.>> Provided, That the Secretary shall
initiate six new study starts during fiscal year 2019: Provided
further, That the Secretary shall not deviate from the new starts
proposed in the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law (but
such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,183,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects, except for Chickamauga Lock,
Tennessee River, Tennessee, which shall be 15 percent during the fiscal
year covered by this Act, shall be derived from the Inland Waterways
Trust Fund, except as otherwise specifically provided for in law:
Provided,
[[Page 132 STAT. 2899]]
That the Secretary shall initiate five new construction starts during
fiscal year 2019: Provided further, That <<NOTE: Deadline.>> for new
construction projects, project cost sharing agreements shall be executed
as soon as practicable but no later than September 30, 2019: Provided
further, That no allocation for a new start shall be considered final
and no work allowance shall be made until the Secretary provides to the
Committees on Appropriations of both Houses of Congress an out-year
funding scenario demonstrating the affordability of the selected new
starts and the impacts on other projects: Provided further, That the
Secretary may not deviate from the new starts proposed in the work plan,
once the plan has been submitted to the Committees on Appropriations of
both Houses of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $368,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for inland
harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; providing
security for infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor channels
provided by a State, municipality, or other public agency that serve
essential navigation needs of general commerce, where authorized by law;
surveying and charting northern and northwestern lakes and connecting
waters; clearing and straightening channels; and removing obstructions
to navigation, $3,739,500,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor Maintenance Trust
Fund; of which such sums as become available from the special account
for the Corps of Engineers established by the Land and Water
Conservation Fund Act of 1965 shall be derived from that account for
resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which such fees have been collected: Provided,
That 1 percent of the total amount of funds provided for each of the
programs, projects, or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use by the
Chief of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate, and that the Chief
of Engineers shall allocate during the fourth
[[Page 132 STAT. 2900]]
quarter any remaining funds which have not been used for emergency
activities proportionally in accordance with the amounts provided for
the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $200,000,000, to remain
available until September 30, 2020.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $150,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $193,000,000, to remain available until September 30, 2020, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this title
shall be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may be used to
fund the supervision and general administration of emergency operations,
repairs, and other activities in response to any flood, hurricane, or
other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2020: Provided, That <<NOTE: Work
plan.>> not more than 25 percent of such amount may be obligated or
expended until the Assistant Secretary submits to the Committees on
Appropriations of both Houses of Congress a work plan that allocates at
least 95 percent of the additional funding provided under each heading
in this title, as designated under such heading in the joint explanatory
statement accompanying this Act, to specific programs, projects, or
activities.
[[Page 132 STAT. 2901]]
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2019, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House and
Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the House
and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That <<NOTE: Notification.>> the Chief
of Engineers shall notify the House and Senate Committees on
Appropriations of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up to
a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--
The <<NOTE: Applicability.>> reprogramming guidelines in
paragraphs (6), (7), and (8) shall apply
[[Page 132 STAT. 2902]]
to the Investigations, Construction, and Operation and
Maintenance portions of the Mississippi River and Tributaries
Account, respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees on
Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing authorities
program.
(d) <<NOTE: Reports.>> Not later than 60 days after the date of
enactment of this Act, the Secretary shall submit a report to the House
and Senate Committees on Appropriations to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year which shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed in
the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in this
Act solely in accordance with the provisions of this Act and the joint
explanatory statement accompanying this Act, including the determination
and designation of new starts.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost due
to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or tributaries
thereto, unless it is approved under a State water quality certification
pursuant to section 401 of the Federal Water Pollution Control Act (33
U.S.C. 1341): Provided, That until an open lake placement alternative
for dredged material is approved under a State water quality
certification, the Corps of Engineers shall continue upland placement of
such dredged material consistent with the requirements of section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available in this title may be
used for any acquisition of buoy chain that is not consistent with 48
CFR 225.7007, subsections (a)(1) and (a)(2).
[[Page 132 STAT. 2903]]
Sec. 107. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of July
24, 1946 (60 Stat. 636, ch. 595).
Sec. 108. None of the funds made available by this Act may be used
to require a permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for the
activities identified in subparagraphs (A) and (C) of section 404(f)(1)
of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
Sec. 109. For fiscal year 2019, none of the funds provided in this
Act or available in the revolving fund established by the Civil
Functions Appropriations Act of 1954 (33 U.S.C. 576(a)) may be obligated
or expended on a new hopper dredge.
Sec. 110. None of the funds made available by this Act or any other
Act may be used to reorganize or to transfer the Civil Works functions
or authority of the Corps of Engineers or the Secretary of the Army to
another department or agency.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $15,000,000, to remain available until expended, of
which $898,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission: Provided, That of the amount provided under
this heading, $1,398,675 shall be available until September 30, 2020,
for expenses necessary in carrying out related responsibilities of the
Secretary of the Interior: Provided further, That for fiscal year 2019,
of the amount made available to the Commission under this Act or any
other Act, the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $1,391,992,000, to remain available until expended, of which
$67,393,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $5,551,000
[[Page 132 STAT. 2904]]
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 <<NOTE: Grants.>> within
available funds, $250,000 shall be for grants and financial assistance
for educational activities: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 6806 shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further, That of the amounts provided herein, funds may be used for
high-priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat restoration,
improvement, and acquisition provisions of the Central Valley Project
Improvement Act, $62,008,000, to be derived from such sums as may be
collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the funds
made available under this heading may be used for the acquisition or
leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $35,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
CALFED implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to
[[Page 132 STAT. 2905]]
remain available until September 30, 2020, $61,000,000, to be derived
from the Reclamation Fund and be nonreimbursable as provided in 43
U.S.C. 377: Provided, That no part of any other appropriation in this
Act shall be available for activities or functions budgeted as policy
and administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act for
Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2019, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval
is received from the Committees on Appropriations of the House
of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $400,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) <<NOTE: Definition.>> For purposes of this section, the term
transfer means any movement of funds into or out of a program, project,
or activity.
[[Page 132 STAT. 2906]]
(d) <<NOTE: Reports.>> The Bureau of Reclamation shall submit
reports on a quarterly basis to the Committees on Appropriations of the
House of Representatives and the Senate detailing all the funds
reprogrammed between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not later than 60
days after the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of California
of a plan, which shall conform to the water quality standards of the
State of California as approved by the Administrator of the
Environmental Protection Agency, to minimize any detrimental effect of
the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal reclamation
law.
Sec. 203. Hereinafter, <<NOTE: Time period. Consultation.>>
notwithstanding any other provision of law, during the period from
November 1 through April 30, water users may use their diversion
structures for the purpose of recharging the Eastern Snake Plain
Aquifer, when the Secretary, in consultation with the Advisory Committee
and Water District 1 watermaster, determines there is water available in
excess of that needed to satisfy existing Minidoka Project storage and
hydropower rights and ensure operational flexibility.
Sec. 204. Section 9001(d) of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1295) is amended by striking
``10'' and inserting ``20''.
Sec. 205. (a) Section 206(c)(2) of the Energy and Water Development
and Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 note;
Public Law 113-235) is amended by striking ``2018.'' and inserting the
following: ``2022: Provided, That the Secretary shall not fund pilot
projects in the Upper Colorado River Basin without the participation of
the Upper Colorado River Division States, acting through the Upper
Colorado River Commission.''.
(b) Section 9504(e) of the Secure Water Act of 2009 (42 U.S.C.
10364(e)) is amended by striking ``$450,000,000'' and inserting
``$480,000,000''.
Sec. 206. Section 9 of the Fort Peck Reservation Rural Water System
Act of 2000 (Public Law 106-382; 114 Stat. 1457, 123 Stat. 2856, 128
Stat. 164) is amended by striking ``2020'' each place it appears in
subsections (a)(1) and (b) and inserting ``2026''.
[[Page 132 STAT. 2907]]
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $2,379,000,000, to remain
available until expended: Provided, That of such amount, $162,500,000
shall be available until September 30, 2020, for program direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security, and
emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $120,000,000, to remain available until expended: Provided,
That of such amount, $11,500,000 shall be available until September 30,
2020, for program direction.
Electricity Delivery
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $156,000,000, to remain available until
expended: Provided, That of such amount, $17,000,000 shall be available
until September 30, 2020, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, $1,326,090,000, to remain available until expended:
Provided, That of such amount, $80,000,000 shall be available until
September 30, 2020, for program direction.
[[Page 132 STAT. 2908]]
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant or
facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $740,000,000, to remain available until expended: Provided, That
of such amount $61,070,000 shall be available until September 30, 2020,
for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $10,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42 U.S.C.
6201 et seq.), $235,000,000, to remain available until expended:
Provided, That, <<NOTE: 42 USC 6241 note.>> as authorized by section
404 of the Bipartisan Budget Act of 2015 (Public Law 114-74; 42 U.S.C.
6239 note), the Secretary of Energy shall draw down and sell not to
exceed $300,000,000 of crude oil from the Strategic Petroleum Reserve in
fiscal year 2019: Provided further, That the proceeds from such
drawdown and sale shall be deposited into the ``Energy Security and
Infrastructure Modernization Fund'' during fiscal year 2019: Provided
further, That such amounts shall be made available and shall remain
available until expended for necessary expenses to carry out the Life
Extension II project for the Strategic Petroleum Reserve.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy Policy
and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C.
6241, 6239 note), and section 5010 of the 21st Century Cures Act (Public
Law 114-255), $10,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42
[[Page 132 STAT. 2909]]
U.S.C. 6201 et seq.), $10,000,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $125,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $310,000,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$841,129,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$11,000,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992, including for the purchase of not to
exceed one ambulance for replacement only.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 16 passenger motor vehicles
including one bus, and one airplane for replacement only,
$6,585,000,000, to remain available until expended: Provided, That of
such amount, $183,000,000 shall be available until September 30, 2020,
for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $366,000,000, to remain available until expended:
Provided, That of such amount, $31,250,000 shall be available until
September 30, 2020, for program direction.
[[Page 132 STAT. 2910]]
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $33,000,000 is appropriated, to
remain available until September 30, 2020: Provided further, That up to
$33,000,000 of fees collected in fiscal year 2019 pursuant to section
1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting
collections under this heading and used for necessary administrative
expenses in this appropriation and shall remain available until
September 30, 2020: Provided further, That to the extent that fees
collected in fiscal year 2019 exceed $33,000,000, those excess amounts
shall be credited as offsetting collections under this heading and
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such fees are
received during fiscal year 2019 (estimated at $15,000,000) and (2) to
the extent that any remaining general fund appropriations can be derived
from fees collected in previous fiscal years that are not otherwise
appropriated, so as to result in a final fiscal year 2019 appropriation
from the general fund estimated at $0: Provided further, That the
Department of Energy shall not subordinate any loan obligation to other
financing in violation of section 1702 of the Energy Policy Act of 2005
or subordinate any Guaranteed Obligation to any loan or other debt
obligations in violation of section 609.10 of title 10, Code of Federal
Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2020.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $1,000,000, to
remain available until September 30, 2020.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $18,000,000, to remain available until expended:
Provided, That, of the amount appropriated under this heading,
$4,800,000 shall be available until September 30, 2020, for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes
[[Page 132 STAT. 2911]]
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$261,858,000, to remain available until September 30, 2020, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of
work are offset by revenue increases of the same or greater amount:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $96,000,000 in fiscal year
2019 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2019 appropriation from the general fund estimated at not more than
$165,858,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$51,330,000, to remain available until September 30, 2020.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one ambulance for replacement only, $11,100,000,000, to
remain available until expended: Provided, That of such amount,
$102,022,000 shall be available until September 30, 2020, for program
direction.
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed three aircraft, $1,949,000,000, to remain available until
expended: Provided, That of such amount, $25,000,000 shall be made
available for design activities supporting the dilute and dispose
strategy for plutonium disposition: Provided further, That none of the
funds made available under this heading
[[Page 132 STAT. 2912]]
shall be made available for the construction activities or acquisition
of equipment for the Surplus Plutonium Disposition Project: Provided
further, That of the unobligated balances from prior year appropriations
available under this heading, $19,000,000 is hereby rescinded: Provided
further, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,788,618,000,
to remain available until expended, of which, $85,500,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such amount,
$48,709,000 shall be available until September 30, 2020, for program
direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $410,000,000, to remain
available until September 30, 2020, including official reception and
representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one passenger minivan for replacement only,
$6,028,600,000, to remain available until expended: Provided, That of
such amount, $298,500,000 shall be available until September 30, 2020,
for program direction: Provided further, That of the unobligated
balances from prior year appropriations available under this heading,
$4,600,000 is hereby rescinded: Provided further, That no amounts may
be rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 132 STAT. 2913]]
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $860,292,000, to remain available until expended: Provided,
That of such amount, $295,432,000 shall be available until September 30,
2020, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed $5,000:
Provided, That during fiscal year 2019, no new direct loan obligations
may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,500,000, including official reception
and representation expenses in an amount not to exceed $1,500, to remain
available until expended: Provided, That notwithstanding 31 U.S.C. 3302
and section 5 of the Flood Control Act of 1944, up to $6,500,000
collected by the Southeastern Power Administration from the sale of
power and related services shall be credited to this account as
discretionary offsetting collections, to remain available until expended
for the sole purpose of funding the annual expenses of the Southeastern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2019 appropriation estimated at not more than $0: Provided further,
That notwithstanding 31 U.S.C. 3302, up to $55,000,000 collected by the
Southeastern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
[[Page 132 STAT. 2914]]
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power Administration,
$45,802,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), up to $35,402,000 collected by the Southwestern
Power Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of funding the
annual expenses of the Southwestern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2019 appropriation estimated at not more
than $10,400,000: Provided further, That notwithstanding 31 U.S.C.
3302, up to $50,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to recover
purchase power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for the
sole purpose of making purchase power and wheeling expenditures:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and wheeling
expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $265,142,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $265,142,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $175,770,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2019 appropriation
estimated at not more than $89,372,000, of which $89,372,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $225,442,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling
[[Page 132 STAT. 2915]]
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $1,568,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954 (68
Stat. 255): Provided, That notwithstanding the provisions of that Act
and of 31 U.S.C. 3302, up to $1,340,000 collected by the Western Area
Power Administration from the sale of power and related services from
the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until expended
for the sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2019 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2019, the
Administrator of the Western Area Power Administration may accept up to
$372,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further, That
any such funds shall be available without further appropriation and
without fiscal year limitation for use by the Commissioner of the United
States Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams in
accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, official reception and representation expenses not to exceed
$3,000, and the hire of passenger motor vehicles, $369,900,000, to
remain available until expended: Provided, That <<NOTE: 42 USC 7171
note.>> 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
[[Page 132 STAT. 2916]]
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) <<NOTE: Notification. Time period.>> 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) <<NOTE: Reports.>> 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.
[[Page 132 STAT. 2917]]
(d) Except as provided in subsections (e), (f), and (g), the amounts
made available by this title shall be expended as authorized by law for
the programs, projects, and activities specified in the ``Conference''
column in the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the joint explanatory statement
accompanying this Act.
(e) <<NOTE: Notification. Time period.>> The amounts made available
by this title may be reprogrammed for any program, project, or activity,
and the Department shall notify, and obtain the prior approval of, the
Committees on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause any
program, project, or activity funding level to increase or decrease by
more than $5,000,000 or 10 percent, whichever is less, during the time
period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) <<NOTE: Waiver authority.>> 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) <<NOTE: Notification. Deadline.>> 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
[[Page 132 STAT. 2918]]
cost exceeds $100,000,000, until a separate independent cost estimate
has been developed for the project for that critical decision.
Sec. 305. The <<NOTE: Notifications.>> 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) <<NOTE: Waiver authority. Determination.>> 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) <<NOTE: Effective date. Reports.>> 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) <<NOTE: Cost estimate.>> a cost estimate for the
establishment, operation, and maintenance of the reserve,
including funding sources;
(3) <<NOTE: Plan.>> 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) <<NOTE: Estimate.>> the estimate of the total inventory
of the reserve.
Sec. 308. Notwithstanding <<NOTE: Determination. President.>>
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.
[[Page 132 STAT. 2919]]
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, and for expenses necessary
for the Federal Co-Chairman and the Alternate on the Appalachian
Regional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$165,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $31,000,000, to
remain available until September 30, 2020: Provided, That none of the
funds made available by this or any prior Act for the salaries and
expenses of the Defense Nuclear Facilities Safety Board shall be
available to implement any reform and reorganization plan of the Defense
Nuclear Facilities Safety Board, including the plan announced on August
15, 2018, unless any such reform and reorganization plan is specifically
authorized by law.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, notwithstanding sections 382F(d), 382M, and 382N of said Act,
$25,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $15,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title III,
Public Law 105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50
percent for non-distressed communities: Provided further, That
notwithstanding any other provision of law regarding payment of a non-
Federal share in connection with a grant-in-aid program, amounts under
this heading shall be available for the payment of such
[[Page 132 STAT. 2920]]
a non-Federal share for programs undertaken to carry out the purposes of
the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $20,000,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code:
Provided further, That during fiscal year 2019, the duties and authority
of the Federal Cochairperson shall be assumed by the Northern Border
Regional Commission Program Director if the position of the Federal
Cochairperson and Alternate Federal Cochairperson is vacant.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $898,350,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2020,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the Commission:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $770,477,000
in fiscal year 2019 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That of the amounts
appropriated under this heading, not less than $10,300,000 shall be for
activities related to the development of regulatory infrastructure for
advanced nuclear technologies, and $16,080,000 shall be for
international activities, except that the amounts provided under this
proviso shall not be derived from fee revenues, notwithstanding 42
U.S.C. 2214: Provided further, That the sum herein appropriated shall
be reduced by the amount of revenues received during fiscal year 2019 so
as to result in a final fiscal year 2019 appropriation estimated at not
more than $127,873,000: Provided further, That of the amounts
appropriated under this heading, $10,000,000 shall be for university
research and development in areas relevant to the Commission's mission,
and $5,000,000 shall be for a Nuclear Science and Engineering Grant
Program that will support multiyear projects that do not align with
programmatic missions but are
[[Page 132 STAT. 2921]]
critical to maintaining the discipline of nuclear science and
engineering.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$12,609,000, to remain available until September 30, 2020: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,355,000 in fiscal year 2019
shall be retained and be available until September 30, 2020, for
necessary salaries and expenses in this account, notwithstanding section
3302 of title 31, United States Code: Provided further, That the sum
herein appropriated shall be reduced by the amount of revenues received
during fiscal year 2019 so as to result in a final fiscal year 2019
appropriation estimated at not more than $2,254,000: Provided further,
That of the amounts appropriated under this heading, $1,103,000 shall be
for Inspector General services for the Defense Nuclear Facilities Safety
Board, which shall not be available from fee revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,600,000, to be
derived from the Nuclear Waste Fund, to remain available until September
30, 2020.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information,
consistent with Department of Justice guidance for all federal agencies.
Sec. 402. (a) <<NOTE: Notification. Time period.>> 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Notification. Deadline.>> 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.
[[Page 132 STAT. 2922]]
(c) Except as provided in subsections (a), (b), and (d), the amounts
made available by this title for ``Nuclear Regulatory Commission--
Salaries and Expenses'' shall be expended as directed in the joint
explanatory statement accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory Commission
shall be available for obligation or expenditure through a reprogramming
of funds that increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act.
(e) <<NOTE: Reports.>> The Commission shall provide a monthly
report to the Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or activity,
including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the joint
explanatory statement accompanying this Act, or any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced in
the joint explanatory statement accompanying this Act, or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(c) <<NOTE: Reports.>> 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
[[Page 132 STAT. 2923]]
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) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 505. For an additional amount for ``Department of the
Interior--Bureau of Reclamation--Water and Related Resources'',
$21,400,000, to remain available until expended, for transfer to
Reclamation's Upper Colorado River Basin Fund to carry out environmental
stewardship and endangered species recovery efforts pursuant to the
Grand Canyon Protection Act of 1992 (Public Law 102-575), Public Law
106-392, the Colorado River Basin Project Act (43 U.S.C. 1551(b)), and
the Act of April 11, 1956 (commonly known as the ``Colorado River
Storage Project Act'') (43 U.S.C. 620n).
This division may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2019''.
DIVISION B--LEGISLATIVE <<NOTE: Legislative Branch Appropriations Act,
2019. 2 USC 60a note.>> BRANCH APPROPRIATIONS ACT, 2019
TITLE I
LEGISLATIVE BRANCH
SENATE
Payment to Widows and Heirs of Deceased Members of Congress
For payment to Cindy H. McCain, <<NOTE: Cindy H. McCain.>> widow of
John Sidney McCain III, late a Senator from the State of Arizona,
$174,000.
Expense Allowances
For expense allowances of the Vice President, $18,760; the President
Pro Tempore of the Senate, $37,520; Majority Leader of the Senate,
$39,920; Minority Leader of the Senate, $39,920; Majority Whip of the
Senate, $9,980; Minority Whip of the Senate, $9,980; President Pro
Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $4,690 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $4,690 for each Chairman; in
all, $189,840.
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
[[Page 132 STAT. 2924]]
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $208,390,812, which shall be paid
from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,484,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $744,466.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $319,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,399,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,455,424.
committee on appropriations
For salaries of the Committee on Appropriations, $15,496,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,704,000 for each such committee; in all, $3,408,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $843,402.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,740,905 for each such committee; in all,
$3,481,810.
office of the chaplain
For Office of the Chaplain, $474,886.
office of the secretary
For Office of the Secretary, $26,315,000.
[[Page 132 STAT. 2925]]
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $84,157,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,900,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $59,912,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $6,278,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,176,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for the
Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of the
Senate, section 112 of the Supplemental Appropriations and Rescission
Act, 1980 (Public Law 96-304), and Senate Resolution 281, 96th Congress,
agreed to March 11, 1980, $133,265,000, of which $26,650,000 shall
remain available until September 30, 2021.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$10,036,000 of which $6,436,000 shall remain available until September
30, 2023 and of which $3,600,000 shall remain available until expended.
[[Page 132 STAT. 2926]]
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $126,595,000, which shall remain available until September
30, 2023.
miscellaneous items
For miscellaneous items, $18,871,410 which shall remain available
until September 30, 2021.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$429,000,000 of which $20,128,950 shall remain available until September
30, 2021 and of which $5,000,000 shall be allocated solely for the
purpose of providing financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal year or fiscal years for
which such amounts are made available. Any unexpended balances under
such allowances remaining after the end of the period of availability
shall be returned to the Treasury in accordance with the undesignated
paragraph under the center heading ``GENERAL PROVISION'' under chapter
XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and
used for deficit reduction (or, if there is no Federal budget deficit
after all such payments have been made, for reducing the Federal debt,
in such manner as the Secretary of the Treasury considers appropriate).
filing by senate candidates with commission
Sec. 102. Section 302(g) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30102(g)) is amended to read as follows:
``(g) Filing With the Commission.--All designations, statements, and
reports required to be filed under this Act shall be filed with the
Commission.''.
extension of authority
Sec. 103. Section 21(d) of Senate Resolution 64 of the One Hundred
Thirteenth Congress, 1st session (agreed to on March
[[Page 132 STAT. 2927]]
5, 2013), as amended by section 178 of the Continuing Appropriations
Act, 2017 (division C of Public Law 114-223), is further amended by
striking ``December 31, 2018'' and inserting ``December 31, 2020''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,232,663,035, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $25,378,875,
including: Office of the Speaker, $7,123,634, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,642,739, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,751,946, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $2,197,163,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $1,700,079,
including $5,000 for official expenses of the Minority Whip; Republican
Conference, $2,186,819; Democratic Caucus, $1,776,495: Provided, That
such amount for salaries and expenses shall remain available from
January 3, 2019 until January 2, 2020.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $573,630,000.
Intern Allowance
For payments from the allowance established under section 120 of
this Act for the compensation of interns who serve in the offices of
Members of the House of Representatives, $8,800,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $127,903,173: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2020, except that $4,000,000 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$23,112,971, including studies and examinations of executive agencies
and temporary personal services for such committee, to be
[[Page 132 STAT. 2928]]
expended in accordance with section 202(b) of the Legislative
Reorganization Act of 1946 and to be available for reimbursement to
agencies for services performed: Provided, That such amount shall
remain available for such salaries and expenses until December 31, 2020.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $220,345,000, including: for salaries and expenses of
the Office of the Clerk, including the positions of the Chaplain and the
Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000 is
for the Family Room and not more than $2,000 is for the Office of the
Chaplain, $28,305,000; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of Garages
and the Office of Emergency Management, and including not more than
$3,000 for official representation and reception expenses, $18,773,000
of which $5,524,000 shall remain available until expended; for salaries
and expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception expenses,
$148,058,000, of which $11,631,000 shall remain available until
expended; for salaries and expenses of the Office of the Inspector
General, $5,019,000; for salaries and expenses of the Office of General
Counsel, $1,502,000; for salaries and expenses of the Office of the
Parliamentarian, including the Parliamentarian, $2,000 for preparing the
Digest of Rules, and not more than $1,000 for official representation
and reception expenses, $2,026,000; for salaries and expenses of the
Office of the Law Revision Counsel of the House, $3,327,000; for
salaries and expenses of the Office of the Legislative Counsel of the
House, $11,937,000; for salaries and expenses of the Office of
Interparliamentary Affairs, $814,000; for other authorized employees,
$584,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $253,493,016, including: supplies, materials, administrative costs
and Federal tort claims, $525,016; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $228,200,000, to remain available
until March 31, 2020; Business Continuity and Disaster Recovery,
$16,186,000 of which $5,000,000 shall remain available until expended;
transition activities for new members and staff, $3,000,000, to remain
available until expended; Wounded Warrior Program $3,000,000, to remain
available until expended; Office of Congressional Ethics, $1,670,000;
and miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of the House,
$722,000.
[[Page 132 STAT. 2929]]
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) <<NOTE: 2 USC 5347.>> 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) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2019 and each succeeding fiscal year.
delivery of congressional record
Sec. 112. (a) <<NOTE: 2 USC 5348.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: 2 USC 5349.>> 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.
[[Page 132 STAT. 2930]]
(b) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2019 and each succeeding fiscal year.
delivery of reports of disbursements
Sec. 115. (a) <<NOTE: 2 USC 5350.>> 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) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2019 and each succeeding fiscal year.
delivery of daily calendar
Sec. 116. (a) <<NOTE: 2 USC 5351.>> 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) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2019 and each succeeding fiscal year.
delivery of congressional pictorial directory
Sec. 117. (a) <<NOTE: 2 USC 5352.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Applicability. 2 USC 5125 note.>> Effective Date.--The
amendments made by this section shall apply with respect to any
individual who serves as a Representative in Congress during the One
Hundred Fifteenth Congress or any succeeding Congress.
transfer authority
Sec. 119. (a) Authority To Make Transfers Among House Leadership
Offices.--Section 101 of the Legislative Branch Appropriations Act, 1993
(2 U.S.C. 5507) is amended by adding at the end the following new
subsection:
[[Page 132 STAT. 2931]]
``(f) <<NOTE: Time period.>> 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) <<NOTE: Applicability. 2 USC 5507 note.>> Effective Date.--The
amendment made by subsection (a) shall apply with respect to fiscal year
2019 and each succeeding fiscal year.
allowance for compensation of interns in member offices
Sec. 120. (a) <<NOTE: 2 USC 5322a.>> Establishment of Allowance.--
There is established for the House of Representatives an allowance which
shall be available for the compensation of interns who serve in the
offices of Members of the House of Representatives.
(b) Cap on Amount Available Per Office.--An office of a Member of
the House of Representatives may not use more than $20,000 of the
allowance under this section during any calendar year.
(c) <<NOTE: Applicability.>> Benefit Exclusion.--Section 104(b) of
the House of Representatives Administrative Reform Technical Corrections
Act (2 U.S.C. 5321(b)) shall apply with respect to an intern who is
compensated under the allowance under this section in the same manner as
such section applies with respect to an intern who is compensated under
the Members' Representational Allowance.
(d) No Effect on Payment of Interns Under Members' Representational
Allowance.--Nothing in this section may be construed to affect the use
of the Members' Representational Allowance for the compensation of
interns, as provided under section 104 of the House of Representatives
Administrative Reform Technical Corrections Act (2 U.S.C. 5321).
(e) Definitions.--In this section--
(1) the term ``intern'' has the meaning given such term in
section 104(c)(2) of the House of Representatives Administrative
Reform Technical Corrections Act (2 U.S.C. 5321(c)(2)); and
(2) the term ``Member of the House of Representatives''
means a Representative in, or a Delegate or Resident
Commissioner to, the Congress.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $8,800,000 for fiscal year 2019.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
[[Page 132 STAT. 2932]]
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) <<NOTE: Reimbursements.>> $2,740,000 for reimbursement
to the Department of the Navy for expenses incurred for staff
and equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $3,798,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,486,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including overtime,
hazardous duty pay, and Government contributions for health, retirement,
social security, professional liability insurance, and other applicable
employee benefits, $374,804,000 of which overtime shall not exceed
$43,668,000 unless the Committee on Appropriations of the House and
Senate are notified, to be disbursed by the Chief of the Capitol Police
or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances,
[[Page 132 STAT. 2933]]
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be expended on
the certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $81,504,000, to be
disbursed by the Chief of the Capitol Police or his designee: Provided,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Center for fiscal year 2019 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as authorized
by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C.
1385), $6,332,670, of which $1,000,000 shall remain available until
September 30, 2020: Provided, That not more than $500 may be expended
on the certification of the Executive Director of the Office of
Compliance in connection with official representation and reception
expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $50,737,000: Provided, that the Director shall use not less
than $500,000 of the amount made available under this heading for (1)
improving technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to Members
of Congress, employees of Members of Congress, and the public, and (2)
to increase the availability of models, economic assumptions, and data
for Members of Congress, employees of Members of Congress, and the
public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation expenses,
to be expended as the Architect of the Capitol may approve; for purchase
or exchange, maintenance, and operation of a passenger motor vehicle,
$103,962,000.
[[Page 132 STAT. 2934]]
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $43,992,000, of which $17,344,000 shall remain available
until September 30, 2023.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $16,761,000, of which $5,519,000 shall remain
available until September 30, 2023.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $187,098,000, of which $65,552,000 shall
remain available until September 30, 2023, and of which $62,000,000
shall remain available until expended for the restoration and renovation
of the Cannon House Office Building; Provided, That of the amount made
available under this heading, $7,000,000 shall be derived by transfer
from the House Office Building Fund established under section 176(d) of
the Continuing Appropriations Act, 2017, as added by section 101(3) of
the Further Continuing Appropriation Act, 2017 (Public Law 114-254; 2
U.S.C. 2001 note).
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available until
expended.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$93,562,000, of which $31,162,000 shall remain available until September
30, 2023.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $114,050,000, of which $31,362,000 shall remain available
until September 30, 2023: Provided, That not more than $9,000,000 of
the funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2019.
[[Page 132 STAT. 2935]]
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$68,525,000, of which $40,403,000 shall remain available until September
30, 2023.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $57,714,000, of which
$31,777,000 shall remain available until September 30, 2023.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $14,759,000, of which $3,559,000 shall
remain available until September 30, 2023: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established under
section 307E of the Legislative Branch Appropriations Act, 1989 (2
U.S.C. 2146), upon vouchers approved by the Architect of the Capitol or
a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $23,322,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 130. None of the funds made available in this Act for the
Architect of the Capitol may be used to make incentive or award payments
to contractors for work on contracts or programs for which the
contractor is behind schedule or over budget, unless the Architect of
the Capitol, or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program.
scrims
Sec. 131. (a) None of the funds made available by this Act may be
used for scrims containing photographs of building facades during
restoration or construction projects performed by the Architect of the
Capitol.
(b) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2019 and each succeeding fiscal year.
[[Page 132 STAT. 2936]]
security programs
Sec. 132. (a) Purpose of Programs.--Section 906(b) of the 2002
Supplemental Appropriations Act for Further Recovery From and Response
To Terrorist Attacks on the United States (2 U.S.C. 1865(b)) is amended
to read as follows:
``(b) Funds in the account shall be used by the Architect of the
Capitol for all necessary expenses for--
``(1) resilience and security programs of the Architect of
the Capitol; and
``(2) the maintenance, care, and operation of buildings,
grounds, and security enhancements for facilities of the United
States Capitol Police and for other facilities associated with
such resilience and security programs at any location.''.
(b) Transfers of Funds.--Section 906 of such Act (2 U.S.C. 1865) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c)(1) For carrying out the purposes of the account, the Architect
of the Capitol may receive transfers of appropriations from any agency
of the Legislative Branch upon the approval of--
``(A) the Committee on Appropriations of the House of
Representatives, in the case of a transfer from an office of the
House of Representatives;
``(B) the Committee on Appropriations of the Senate, in the
case of a transfer from an office of the Senate; or
``(C) the Committees on Appropriations of the House of
Representatives and the Senate, in the case of a transfer from
any other office of the Government.
``(2) Amounts transferred under this subsection shall be merged with
the account and made available under this section.
``(3) <<NOTE: Applicability.>> This subsection shall apply with
respect to fiscal year 2019 and each succeeding fiscal year.''.
increase in threshold for small purchase contracting authority
Sec. 133. (a) 2 U.S.C. 1821 is amended by adding before
``Notwithstanding any other provision of law--'' the following text:
``To promote efficiency and economy in contracting and to avoid
unnecessary burdens, the Architect of the Capitol is granted authority
to utilize special simplified procedures for purchases of property and
services the aggregate amount of which does not exceed $250,000.''.
(b) <<NOTE: Applicability. 2 USC 1821 note.>> The amendment made by
subsection (a) shall apply with respect to fiscal year 2019 and each
succeeding fiscal year.
interagency details
Sec. 134. (a) Authorizing Details of Employees Under Joint Agency
Agreements.--In addition <<NOTE: 2 USC 1835.>> 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)
[[Page 132 STAT. 2937]]
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) <<NOTE: Time period.>> 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) <<NOTE: Applicability.>> Effective Date.--This section shall
apply with respect to fiscal year 2019 and each succeeding fiscal year.
acceptance of travel expenses from non-federal sources
Sec. 135. (a) <<NOTE: 2 USC 1873.>> 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) <<NOTE: Applicability.>> 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
[[Page 132 STAT. 2938]]
buildings; special clothing; cleaning, laundering and repair of
uniforms; preservation of motion pictures in the custody of the Library;
operation and maintenance of the American Folklife Center in the
Library; preparation and distribution of catalog records and other
publications of the Library; hire or purchase of one passenger motor
vehicle; and expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by the Board,
$480,052,000, of which not more than $6,000,000 shall be derived from
collections credited to this appropriation during fiscal year 2019, and
shall remain available until expended, under the Act of June 28, 1902
(chapter 1301; 32 Stat. 480; 2 U.S.C. 150): Provided, That the Library
of Congress may not obligate or expend any funds derived from
collections under the Act of June 28, 1902, in excess of the amount
authorized for obligation or expenditure in appropriations Acts:
Provided further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than $6,000,000:
Provided further, That of the total amount appropriated, not more than
$12,000 may be expended, on the certification of the Librarian of
Congress, in connection with official representation and reception
expenses for the Overseas Field Offices: Provided further, That of the
total amount appropriated, $8,855,000 shall remain available until
expended for the digital collections and educational curricula program:
Provided further, That of the total amount appropriated, $1,318,000
shall remain available until expended for upgrade of the Legislative
Branch Financial Management System: Provided further, That of the total
amount appropriated, $250,000 shall remain available until expended for
the Surplus Books Program to promote the program and facilitate a
greater number of donations to eligible entities across the United
States: Provided further, That of the total amount appropriated,
$2,383,000 shall remain available until expended for the Veterans
History Project to continue digitization efforts of already collected
materials, reach a greater number of veterans to record their stories,
and promote public access to the Project.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $93,407,000, of
which not more than $39,218,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2019 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any funds
derived from collections under such section, in excess of the amount
authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $6,272,000 shall be derived from
collections during fiscal year 2019 under sections 111(d)(2), 119(b)(3),
803(e), 1005, and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the amount by which
collections are less than $45,490,000: Provided further, That
$4,328,000 shall be derived from prior year unobligated balances:
Provided further, That not more than $100,000 of the amount appropriated
is available for the maintenance of an ``International Copyright
Institute'' in the Copyright Office of the Library of Congress for the
purpose of
[[Page 132 STAT. 2939]]
training nationals of developing countries in intellectual property laws
and policies: Provided further, That not more than $6,500 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for
activities of the International Copyright Institute and for copyright
delegations, visitors, and seminars: Provided further, That,
notwithstanding any provision of chapter 8 of title 17, United States
Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $125,688,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public General
Bills), to be issued by the Library of Congress unless such publication
has obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee on Rules
and Administration of the Senate: Provided further, That this
prohibition does not apply to publication of non-confidential
Congressional Research Service (CRS) products: Provided further, That a
non-confidential CRS product includes any written product containing
research or analysis that is currently available for general
congressional access on the CRS Congressional Intranet, or that would be
made available on the CRS Congressional Intranet in the normal course of
business and does not include material prepared in response to
Congressional requests for confidential analysis or research.
Books for the Blind and Physically Handicapped
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $52,783,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2019, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $194,608,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from
[[Page 132 STAT. 2940]]
sources other than appropriations to the Library in appropriations Acts
for the legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing of
Government publications authorized by law to be distributed to Members
of Congress; and publishing, and distribution of Government publications
authorized by law to be distributed without charge to the recipient,
$79,000,000: Provided, That this appropriation shall not be available
for paper copies of the permanent edition of the Congressional Record
for individual Representatives, Resident Commissioners or Delegates
authorized under section 906 of title 44, United States Code: Provided
further, That this appropriation shall be available for the payment of
obligations incurred under the appropriations for similar purposes for
preceding fiscal years: Provided further, That <<NOTE: Time
period. Effective date.>> 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 <<NOTE: Deadline.>> unobligated or unexpended balances of
expired discretionary funds made available under this heading in this
Act for this fiscal year may be transferred to, and merged with, funds
under the heading ``Government Publishing Office Business Operations
Revolving Fund'' no later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the purposes
for which appropriated, to be available for carrying out the purposes of
this heading, subject to the approval of the Committee on Appropriations
of the House of Representatives and the Senate: Provided further, That
notwithstanding sections 901, 902, and 906 of title 44, United States
Code, this appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications and their distribution to the
public, Members of Congress, other Government agencies, and designated
depository and international exchange libraries as authorized by law,
$32,000,000: Provided, That amounts of not
[[Page 132 STAT. 2941]]
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 <<NOTE: Deadline.>>
unobligated or unexpended balances of expired discretionary funds made
available under this heading in this Act for this fiscal year may be
transferred to, and merged with, funds under the heading ``Government
Publishing Office Business Operations Revolving Fund'' no later than the
end of the fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated, to be
available for carrying out the purposes of this heading, subject to the
approval of the Committee on Appropriations of the House of
Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $6,000,000, to remain available until expended, for
information technology development and facilities repair: Provided,
That the Government Publishing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Publishing Office Business Operations Revolving Fund:
Provided further, That not more than $7,500 may be expended on the
certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses:
Provided further, That the Business Operations Revolving Fund shall be
available for the hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection with travel
expenses of the advisory councils to the Director of the Government
Publishing Office shall be deemed necessary to carry out the provisions
of title 44, United States Code: Provided further, That the Business
Operations Revolving Fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent of
the annual rate of basic pay for level V of the Executive Schedule under
section 5316 of such title: Provided further, That activities financed
through the Business Operations Revolving Fund may provide information
in any format: Provided further, That the Business Operations Revolving
Fund and the funds provided under the heading ``Public Information
Programs of the Superintendent of Documents'' may not be used for
contracted security services at Government Publishing Office's passport
facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in
[[Page 132 STAT. 2942]]
connection with official representation and reception expenses;
temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than the daily
equivalent of the annual rate of basic pay for level IV of the Executive
Schedule under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance with
section 3324 of title 31, United States Code; benefits comparable to
those payable under sections 901(5), (6), and (8) of the Foreign Service
Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations
prescribed by the Comptroller General of the United States, rental of
living quarters in foreign countries, $589,749,653: Provided, That, in
addition, $35,900,000 of payments received under sections 782, 791,
3521, and 9105 of title 31, United States Code, shall be available
without fiscal year limitation: Provided further, That this
appropriation and appropriations for administrative expenses of any
other department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental Audit
Forum shall be available to finance an appropriate share of either
Forum's costs as determined by the respective Forum, including necessary
travel expenses of non-Federal participants: <<NOTE: Reimbursements.>>
Provided further, That payments hereunder to the Forum may be credited
as reimbursements to any appropriation from which costs involved are
initially financed: Provided further, That this appropriation shall be
available to transfer amounts to the Department of the Army for the
expenses of constructing an Army facility at Redstone Arsenal for the
sole, unlimited use of the Government Accountability Office, and
(notwithstanding section 1502(a) of title 31, United States Code) shall
be available to transfer such amounts without regard to the fiscal year
in which such expenses are incurred: Provided further, That hereafter,
amounts appropriated for the salaries and expenses of the Government
Accountability Office shall be available to transfer to the Department
of the Army for the maintenance of such facility.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$5,600,000: Provided, That <<NOTE: Russia.>> 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.
[[Page 132 STAT. 2943]]
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
[[Page 132 STAT. 2944]]
by, or transfer authority provided in, this Act or any other
appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of Congress
and other offices of the House of Representatives and Senate, unless
through regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise made
available under this Act may be used to acquire telecommunications
equipment produced by Huawei Technologies Company, ZTE Corporation or a
high-impact or moderate-impact information system, as defined for
security categorization in the National Institute of Standards and
Technology's (NIST) Federal Information Processing Standard Publication
199, ``Standards for Security Categorization of Federal Information and
Information Systems'' unless the agency, office, or other entity
acquiring the equipment or system has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform acquisition
decisions for high-impact and moderate-impact information
systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) <<NOTE: Consultation. Assessment. China. Iran. North
Korea. Russia.>> in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity, conducted an
assessment of any risk of cyber-espionage or sabotage associated
with the acquisition of such system, including any risk
associated with such system being produced, manufactured, or
assembled by one or more entities identified by the United
States Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or subsidized by
the People's Republic of China, the Islamic Republic of Iran,
the Democratic People's Republic of Korea, or the Russian
Federation.
(b) <<NOTE: Consultations.>> None of the funds appropriated or
otherwise made available under this Act may be used to acquire a high-
impact or moderate impact information system reviewed and assessed under
subsection (a) unless the head of the assessing entity described in
subsection (a) has--
[[Page 132 STAT. 2945]]
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) <<NOTE: Determination.>> determined, in consultation
with NIST and the Federal Bureau of Investigation, that the
acquisition of such system is in the vital national security
interest of the United States; and
(3) <<NOTE: Reports.>> reported that determination to the
Committees on Appropriations of the House of Representatives and
the Senate in a manner that identifies the system intended for
acquisition and a detailed description of the mitigation
strategies identified in (1), provided that such report may
include a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities or other official government activities.
plastic waste reduction
Sec. 210. All <<NOTE: Coordination. Consultation.>> agencies and
offices funded by this division that contract with a food service
provider or providers shall confer and coordinate with such food service
provider or providers, in consultation with disability advocacy groups,
to eliminate or reduce plastic waste, including waste from plastic
straws, explore the use of biodegradable items, and increase recycling
and composting opportunities.
agency cost of living adjustments
Sec. 211. (a) <<NOTE: Reports. Estimate.>> Each agency, office, or
other entity that is provided appropriations under this Division shall
report to the Committees on Appropriations of the House and Senate, not
less than 30 days after enactment of this Act, specifying the dollar
amount estimated for cost-of-living adjustments that was included in the
fiscal year 2019 budget request for each appropriations account.
(b) In the event that Executive Branch agencies do not receive a
cost-of-living adjustment, such dollar amount reported pursuant to
subsection (a) may be obligated and expended only upon written approval
by the Chair and ranking minority member of the Subcommittee on the
Legislative Branch of the Committee on Appropriations of the House of
Representatives and by the Chair and ranking minority member of the
Subcommittee on the Legislative Branch of the Committee on
Appropriations of the Senate.
(c) Pursuant to subsection (b), the agencies, offices, or other
entities of the House of Representatives and the Senate require only the
written approval of the Committee on Appropriations of their respective
Chamber.
[[Page 132 STAT. 2946]]
adjustments to compensation
Sec. 212. Notwithstanding <<NOTE: 2 USC 4501 note.>> any other
provision of law, no adjustment shall be made under section 601(a) of
the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) (relating to
cost of living adjustments for Members of Congress) during fiscal year
2019.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2019''.
DIVISION C--MILITARY <<NOTE: Military Construction, Veterans Affairs,
and Related Agencies Appropriations Act, 2019.>> CONSTRUCTION, VETERANS
AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the functions of the Commander
in Chief, $1,021,768,000, to remain available until September 30, 2023:
Provided, That, <<NOTE: Determination. Notification.>> of this amount,
not to exceed $110,068,000 shall be available for study, planning,
design, architect and engineer services, and host nation support, as
authorized by law, unless the Secretary of the Army determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $2,118,619,000, to remain available until September 30,
2023: Provided, That, <<NOTE: Determination. Notification.>> of this
amount, not to exceed $185,542,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$1,440,323,000, to remain available until September 30, 2023: Provided,
That, <<NOTE: Determination. Notification.>> of this amount, not to
exceed $206,577,000
[[Page 132 STAT. 2947]]
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of the Air
Force determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$2,550,728,000, to remain available until September 30, 2023: Provided,
That <<NOTE: Determination.>> 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, <<NOTE: Determination. Notification.>> of the
amount, not to exceed $192,345,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $190,122,000, to remain available until September
30, 2023: Provided, That, <<NOTE: Determination. Notification.>> 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, <<NOTE: Determination. Notification.>> 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
[[Page 132 STAT. 2948]]
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, <<NOTE: Determination. Notification.>> 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, <<NOTE: Determination. Notification.>> of the
amount, not to exceed $4,695,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $38,063,000, to
remain available until September 30, 2023: Provided,
That, <<NOTE: Determination. Notification.>> 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
[[Page 132 STAT. 2949]]
(including international military headquarters) and for related expenses
for the collective defense of the North Atlantic Treaty Area as
authorized by section 2806 of title 10, United States Code, and Military
Construction Authorization Acts, $171,064,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $342,000,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $330,660,000, to remain available
until September 30, 2023.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $376,509,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $104,581,000, to remain
available until September 30, 2023.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $314,536,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $78,446,000, to remain available until
September 30, 2023.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $317,274,000.
[[Page 132 STAT. 2950]]
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 <<NOTE: Determination.>> 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
[[Page 132 STAT. 2951]]
(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 <<NOTE: Notification.>> 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 <<NOTE: Contracts. Japan.>> 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 <<NOTE: Contracts.>> 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 <<NOTE: Time period.>> 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
[[Page 132 STAT. 2952]]
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 <<NOTE: Determination.>> 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 <<NOTE: Loans.>> 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 <<NOTE: 10 USC 2821 note.>> any other
provision of law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including general or
flag officer quarters: Provided, That not more than $35,000 per unit
may be spent annually for the maintenance and repair of any general or
flag officer quarters without 30 days prior notification, or 14 days for
a notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, except that an after-the-fact
notification shall be submitted if the limitation
[[Page 132 STAT. 2953]]
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 <<NOTE: Reports.>> 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 <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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.
[[Page 132 STAT. 2954]]
Sec. 125. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2023:
``Military Construction, Army'', $94,100,000;
``Military Construction, Navy and Marine Corps'',
$196,850,000;
``Military Construction, Air Force'', $118,450,000;
``Military Construction, Army National Guard'', $22,000,000;
``Military Construction, Air National Guard'', $54,000,000;
``Military Construction, Army Reserve'', $23,000,000; and
``Military Construction, Air Force Reserve'', $84,800,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military department's
unfunded priority list for fiscal year 2019 submitted to Congress:
Provided further, That such projects are subject to authorization prior
to obligation and expenditure of funds to carry out construction:
Provided further, That <<NOTE: Deadline. Expenditure plan.>> not later
than 30 days after enactment of this Act, the Secretary of the military
department concerned, or his or her designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
(rescissions of funds)
Sec. 126. Of the unobligated balances available to the Department
of Defense from prior appropriation Acts, the following funds are hereby
rescinded from the following accounts in the amounts specified:
``NATO Security Investment Program'', $25,000,000;
``Military Construction, Air Force'', $31,158,000;
``Military Construction, Army National Guard'', $10,000,000;
``Family Housing Construction, Navy and Marine Corps'',
$2,138,000; and
``The fund established in section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374)'', $15,333,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Sec. 127. For <<NOTE: Definition.>> 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 <<NOTE: Analysis. Reports. Certification.>> 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
[[Page 132 STAT. 2955]]
Operational Repair Squadron Engineer (RED HORSE) outside of the United
States until the Secretary of the Air Force: (1) completes an analysis
and comparison of the cost and infrastructure investment required to
consolidate or relocate a RED HORSE squadron outside of the United
States versus within the United States; (2) provides to the Committees
on Appropriations of both Houses of Congress (``the Committees'') a
report detailing the findings of the cost analysis; and (3) certifies in
writing to the Committees that the preferred site for the consolidation
or relocation yields the greatest savings for the Air Force: Provided,
That the term ``United States'' in this section does not include any
territory or possession of the United States.
Sec. 130. Notwithstanding section 124 of this Act, for an
additional amount for ``Military Construction, Army'' in this title,
$30,000,000, to remain available until expended, is provided for
completion of the Defense Access Roads project and land acquisition for
Arlington National Cemetery as authorized by section 2101 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92) and section 2829A of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328): Provided, That such funds shall
be in addition to any other funds made available in this or prior year
Acts for such purposes, including funds made available by section 132 of
the Military Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2016 (Public Law 114-113).
Sec. 131. All amounts appropriated to the ``Department of Defense--
Military Construction, Army'', ``Department of Defense--Military
Construction, Navy and Marine Corps'', ``Department of Defense--Military
Construction, Air Force'', and ``Department of Defense--Military
Construction, Defense-Wide'' accounts pursuant to the authorization of
appropriations in a National Defense Authorization Act specified for
fiscal year 2019 in the funding table in section 4601 of that Act shall
be immediately available and allotted to contract for the full scope of
authorized projects.
Sec. 132. For an additional amount for the accounts and in the
amounts specified, for enhancing force protection and safety at military
installations, to remain available until September 30, 2023:
``Military Construction, Navy and Marine Corps'',
$50,000,000; and
``Military Construction, Air Force'', $50,000,000:
Provided, That such projects are subject to authorization prior to
obligation and expenditure of funds to carry out construction: Provided
further, That <<NOTE: Deadline. Expenditure plan.>> not later than 30
days after enactment of this Act, the Secretary of the military
department concerned, or his or her designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section: Provided further, That the
Secretary of the military department concerned may not obligate or
expend any funds prior to approval by the Committees on Appropriations
of both Houses of Congress of the expenditure plan required by this
section.
[[Page 132 STAT. 2956]]
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by section
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as authorized
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits
and certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of title IV of the
Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
other benefits as authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$2,994,366,000, which shall be in addition to funds previously
appropriated under this heading that become available on October 1,
2018, to remain available until expended; and, in addition,
$109,017,152,000 shall become available on October 1, 2019: Provided,
That <<NOTE: Reimbursement.>> 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: <<NOTE: Reimbursement.>> 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
[[Page 132 STAT. 2957]]
become available on October 1, 2019, and shall remain available until
expended.
veterans housing benefit program fund
For the cost <<NOTE: Loans.>> of direct and guaranteed loans, such
sums as may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United States Code:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That, during fiscal year 2019, within the
resources available, not to exceed $500,000 in gross obligations for
direct loans are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $200,612,000.
vocational rehabilitation loans program account
For the cost of direct loans, $39,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,037,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $396,000, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,163,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration for
security guard services, and reimbursement of the Department of Defense
for the cost of overseas employee mail, $2,956,316,000: Provided,
That <<NOTE: Determination.>> expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans Affairs
determines are necessary to enable entitled veterans: (1) to the maximum
extent feasible, to become employable and to obtain and maintain
suitable employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further, That, of
the funds made available under this heading, not to exceed 10 percent
shall remain available until September 30, 2020.
[[Page 132 STAT. 2958]]
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food services,
and salaries and expenses of healthcare employees hired under title 38,
United States Code, aid to State homes as authorized by section 1741 of
title 38, United States Code, assistance and support services for
caregivers as authorized by section 1720G of title 38, United States
Code, loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances
authorized by section 322(d) of title 38, United States Code, grants
authorized by section 521A of title 38, United States Code, and
administrative expenses necessary to carry out sections 322(d) and 521A
of title 38, United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$750,000,000, which shall be in addition to funds previously
appropriated under this heading that become available on October 1,
2018; and, in addition, $51,411,165,000, plus reimbursements, shall
become available on October 1, 2019, and shall remain available until
September 30, 2020: Provided, That, of the amount made available on
October 1, 2019, under this heading, $1,500,000,000 shall remain
available until September 30, 2021: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall give
priority funding for the provision of basic medical benefits to veterans
in enrollment priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs may authorize the dispensing of prescription drugs from Veterans
Health Administration facilities to enrolled veterans with privately
written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the program
described in the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That the Secretary of
Veterans Affairs shall ensure that sufficient amounts appropriated under
this heading for medical supplies and equipment are available for the
acquisition of prosthetics designed specifically for female veterans.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $1,000,000,000, which shall be in addition to
funds previously appropriated under this heading that become available
on October 1, 2018; and, in addition, $10,758,399,000, plus
reimbursements, shall become available on October 1, 2019, and shall
remain available until September 30, 2020: Provided,
[[Page 132 STAT. 2959]]
That, of the amount made available on October 1, 2019, under this
heading, $2,000,000,000 shall remain available until September 30, 2021.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$7,239,156,000, plus reimbursements, shall become available on October
1, 2019, and shall remain available until September 30, 2020: Provided,
That, of the amount made available on October 1, 2019, under this
heading, $100,000,000 shall remain available until September 30, 2021.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry services; $90,180,000, which shall be in
addition to funds previously appropriated under this heading that become
available on October 1, 2018; and, in addition, $6,141,880,000, plus
reimbursements, shall become available on October 1, 2019, and shall
remain available until September 30, 2020: Provided, That, of the
amount made available on October 1, 2019, under this heading,
$250,000,000 shall remain available until September 30, 2021.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, $779,000,000, plus reimbursements, shall remain
available until September 30, 2020: Provided, That of the amount made
available under this heading, $27,000,000 shall remain available until
September 30, 2023: Provided further, That the Secretary of Veterans
Affairs shall ensure that sufficient amounts appropriated under this
heading are available for prosthetic research specifically for female
veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for,
[[Page 132 STAT. 2960]]
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for use in
cemeterial operations; hire of passenger motor vehicles; and repair,
alteration or improvement of facilities under the jurisdiction of the
National Cemetery Administration, $315,836,000, of which not to exceed
10 percent shall remain available until September 30, 2020.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $355,897,000, of which not to exceed 10 percent
shall remain available until September 30, 2020: Provided, That funds
provided under this heading may be transferred to ``General Operating
Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$174,748,000, of which not to exceed 10 percent shall remain available
until September 30, 2020.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said acquisitions,
including contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $4,103,000,000, plus
reimbursements: Provided, That $1,199,220,000 shall be for pay and
associated costs, of which not to exceed 3 percent shall remain
available until September 30, 2020: Provided further, That
$2,523,209,000 shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30, 2020:
Provided further, That $380,571,000 shall be for information technology
systems development, and shall remain available until September 30,
2020: Provided further, That amounts made available for salaries and
expenses, operations and maintenance, and information technology systems
development may be transferred among the three subaccounts after the
Secretary of Veterans Affairs requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided
[[Page 132 STAT. 2961]]
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 <<NOTE: Time
period.>> no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the Committees on
Appropriations of both Houses of Congress to make the transfer and an
approval is issued, or absent a response, a period of 30 days has
elapsed: Provided further, That the funds made available under this
heading for information technology systems development shall be for the
projects, and in the amounts, specified under this heading in the joint
explanatory statement accompanying this Act.
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans Electronic
Health Record system, including contractual costs associated with
operations authorized by section 3109 of title 5, United States Code,
and salaries and expenses of employees hired under titles 5 and 38,
United States Code, $1,107,000,000, to remain available until September
30, 2021: Provided, That <<NOTE: Reports.>> the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of both Houses
of Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility: Provided further, That the funds
provided in this account shall only be available to the Office of the
Deputy Secretary, to be administered by that Office: Provided further,
That <<NOTE: Notification.>> none of the funds made available under
this heading may be obligated in a manner inconsistent with deployment
schedules provided to the Committees on Appropriations unless the
Secretary of Veterans Affairs provides notification to the Committees on
Appropriations of such change and an approval is issued.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $192,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2020.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition, where the estimated cost of a project is more than
the amount set forth in section 8104(a)(3)(A) of title 38, United States
Code, or where funds for a project were made available in a previous
major project appropriation, $1,127,486,000, of which $647,486,000 shall
remain available until September 30, 2023, and of which
[[Page 132 STAT. 2962]]
$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 <<NOTE: Contracts. Deadlines.>> 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 <<NOTE: Reports.>> 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,
[[Page 132 STAT. 2963]]
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, <<NOTE: Time period.>>
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 <<NOTE: Notification.>> 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
[[Page 132 STAT. 2964]]
``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 <<NOTE: Reimbursements.>> 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 <<NOTE: Reimbursements.>> 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
[[Page 132 STAT. 2965]]
extent of such surplus earnings: Provided further,
That <<NOTE: Determination.>> 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--
[[Page 132 STAT. 2966]]
(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 <<NOTE: Alaska. Native Americans.>> 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. <<NOTE: Definition.>> 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 <<NOTE: Reports.>> 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.
[[Page 132 STAT. 2967]]
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of Veterans
Affairs for fiscal year 2019 for ``Medical Services'', ``Medical
Community Care'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Construction, Minor Projects'', and ``Information
Technology Systems'', up to $301,578,000, plus reimbursements, may be
transferred to the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund, established by section 1704
of the National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4500): Provided, That <<NOTE: Notification.>> 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: <<NOTE: Ante, p. 817.>> Provided further, That section 220
of title II of division J of Public Law 115-141 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of Veterans
Affairs which become available on October 1, 2019, for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $307,609,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That <<NOTE: Notification.>> additional funds
may be transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571); and (2) for operations of the facilities designated
as combined Federal medical facilities as described by section 706 of
the Duncan Hunter National Defense Authorization Act for Fiscal
[[Page 132 STAT. 2968]]
Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), amounts
transferred to the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund shall remain available until
expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall
be transferred to the DOD-VA Health Care Sharing Incentive Fund, as
authorized by section 8111(d) of title 38, United States Code, to remain
available until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. None of the funds available to the Department of Veterans
Affairs, in this or any other Act, may be used to replace the current
system by which the Veterans Integrated Service Networks select and
contract for diabetes monitoring supplies and equipment.
Sec. 224. The <<NOTE: Notification.>> 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 <<NOTE: Deadline.>> such
notification shall occur within 14 days of a contract identifying the
programmed amount: Provided further, That <<NOTE: Time period.>> the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 225. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not <<NOTE: Reports.>> later than 30 days after the end
of each fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress a
quarterly report containing performance measures and data from each
Veterans Benefits Administration Regional Office: Provided, That, at a
minimum, the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number of
appeals pending at the Veterans Benefits Administration as well as the
Board of Veterans Appeals on a quarterly basis.
Sec. 227. The <<NOTE: Notification. Time period.>> 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.
[[Page 132 STAT. 2969]]
Sec. 228. The <<NOTE: Notifications.>> Secretary of Veterans
Affairs shall provide on a quarterly basis to the Committees on
Appropriations of both Houses of Congress notification of any single
national outreach and awareness marketing campaign in which obligations
exceed $2,000,000.
(including transfer of funds)
Sec. 229. The <<NOTE: Determinations.>> Secretary of Veterans
Affairs, upon determination that such action is necessary to address
needs of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations made
available for fiscal year 2019 in this title (except appropriations made
to the ``General Operating Expenses, Veterans Benefits Administration''
account) or any discretionary unobligated balances within the Department
of Veterans Affairs, including those appropriated for fiscal year 2019,
that were provided in advance by appropriations Acts: Provided, That
transfers shall be made only with the approval of the Office of
Management and Budget: Provided further, That the transfer authority
provided in this section is in addition to any other transfer authority
provided by law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That such authority to transfer may not be used unless for
higher priority items, based on emergent healthcare requirements, than
those for which originally appropriated and in no case where the item
for which funds are requested has been denied by Congress: Provided
further, That, upon determination that all or part of the funds
transferred from an appropriation are not necessary, such amounts may be
transferred back to that appropriation and shall be available for the
same purposes as originally appropriated: Provided further, That before
a transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of Veterans
Affairs for fiscal year 2019, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits Administration''
accounts may be transferred between such accounts: Provided, That
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and receive approval of that
request.
Sec. 231. The Secretary of Veterans Affairs may not reprogram funds
among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38, United
States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
[[Page 132 STAT. 2970]]
(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) <<NOTE: Definitions.>> In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum, or
other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) <<NOTE: Study. Time period. Analysis. Data.>> The Secretary
of Veterans Affairs shall conduct a study on the effectiveness of the
hotline specified in subsection (a) during the five-year period
beginning on January 1, 2016, based on an analysis of national suicide
data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall--
(A) determine the number of veterans who contact the hotline
specified in subsection (a) and who receive follow up services
from the hotline or mental health services from the Department
of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the hotline
who are not referred to, or do not continue receiving, mental
health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. None <<NOTE: Reports.>> 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) <<NOTE: Strategy. Plans.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Inventory.>> an inventory of VA buildings with
historic designation and the methodology used to determine the
buildings' condition and utilization;
[[Page 132 STAT. 2971]]
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation Act;
and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in VISN
23, or any other VISN, which have been authorized or approved by
Congress.
Sec. 234. Effective <<NOTE: Time period.>> during the period
beginning on October 1, 2018 and ending on January 1, 2024, none of the
funds made available to the Secretary of Veterans Affairs by this or any
other Act may be obligated or expended in contravention of the
``Veterans Health Administration Clinical Preventive Services Guidance
Statement on the Veterans Health Administration's Screening for Breast
Cancer Guidance'' published on May 10, 2017, as issued by the Veterans
Health Administration National Center for Health Promotion and Disease
Prevention.
Sec. 235. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) <<NOTE: Adoption. Reimbursement. Definitions.>>
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
[[Page 132 STAT. 2972]]
program of the Department of Defense, as authorized in
Department of Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2018 (Public Law 115-141).
(rescission of funds)
Sec. 236. Of the funds made available for fiscal year 2019 under
the heading ``Department of Veterans Affairs--Veterans Health
Administration--Medical Support and Compliance'' in title II of division
J of the Consolidated Appropriations Act, 2018 (Public Law 115-141),
$211,000,000 is hereby rescinded.
Sec. 237. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 238. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 239. (a) <<NOTE: Deadlines. 38 USC 5701 note prec.>> Except as
provided in subsection (b), the Secretary of Veterans Affairs, in
consultation with the Secretary of Defense and the Secretary of Labor,
shall discontinue using Social Security account numbers to identify
individuals in all information systems of the Department of Veterans
Affairs as follows:
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by the
Secretary, not later than 5 years after the date of the
enactment of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this Act.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of the
Department of Veterans Affairs if and only if the use of such number is
required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
Sec. 240. For <<NOTE: Applicability.>> funds provided to the
Department of Veterans Affairs for each of fiscal year 2019 and 2020 for
``Medical Services'', section 239 of Division A of Public Law 114-223
shall apply.
Sec. 241. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
[[Page 132 STAT. 2973]]
Sec. 242. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2019 and fiscal year 2020 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 243. For <<NOTE: Applicability.>> funds provided to the
Department of Veterans Affairs for each of fiscal year 2019 and 2020,
section of Division A of Public Law 114-223 shall apply.
Sec. 244. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38, United
States Code, does not exceed 125 veterans to one full-time employment
equivalent.
(b) <<NOTE: Reports.>> Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to Congress a
report on the programs of rehabilitation conducted under chapter 31 of
title 38, United States Code, including--
(1) <<NOTE: Assessment.>> an assessment of the veteran-to-
staff ratio for each such program; and
(2) <<NOTE: Recommenda- tions.>> recommendations for such
action as the Secretary considers necessary to reduce the
veteran-to-staff ratio for each such program.
Sec. 245. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans Affairs
to enter into an agreement related to resolving a dispute or claim with
an individual that would restrict in any way the individual from
speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national defense or
the conduct of foreign affairs.
Sec. 246. For <<NOTE: Applicability.>> funds provided to the
Department of Veterans Affairs for each of fiscal year 2019 and 2020,
section 258 of Division A of Public Law 114-223 shall apply.
Sec. 247. None <<NOTE: Animals.>> 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 <<NOTE: Reports.>> not later than 180 days
after enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of both Houses of Congress a detailed
report outlining under what circumstances canine research may be needed
if there are no other alternatives, how often it was used during that
time period, and what protocols are in place to determine both the
safety and efficacy of the research.
Sec. 248. For an additional amount for the Department of Veterans
Affairs, $2,000,000,000 to remain available until expended, for
infrastructure improvements, including new construction, and in addition
to amounts otherwise made available in this Act for such purpose, of
which:
(1) $750,000,000 shall be available for seismic improvement
projects and seismic program management activities, including
projects that would otherwise be funded by the Construction,
Major Projects, the Construction, Minor Projects, Medical
Facilities, or National Cemetery Administration accounts;
[[Page 132 STAT. 2974]]
(2) $300,000,000 shall be for ``Departmental
Administration--Construction, Major Projects'';
(3) $800,000,000 shall be for ``Veterans Health
Administration--Medical Facilities'' to be used for non-
recurring maintenance; and
(4) $150,000,000 shall be for ``Departmental
Administration--Construction, Minor Projects'':
Provided, That the additional amounts appropriated for the purposes of
non-recurring maintenance and minor construction may be used to carry
out critical life-safety projects identified in the Department's annual
facility condition assessments; sustainment projects; modernization
projects; infrastructure repair; renovations at existing Veterans Health
Administration medical centers and outpatient clinics; and projects
included in the Strategic Capital Investment Process plan: Provided
further, That funds made available under this section for
``Construction, Major Projects'' shall be available for previously
authorized and partially funded major construction projects: Provided
further, That notwithstanding the requirements of section 8104(a) of
title 38, United States Code, amounts made available under this heading
for seismic improvement projects and seismic program management
activities shall be available for the completion of both new and
existing projects of the Department: Provided further, That the
additional amounts appropriated under this section may not be obligated
or expended until the Secretary of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress, and such
Committees approve, a detailed expenditure plan, including project
descriptions and costs, for any non-recurring maintenance, minor
construction, major construction, or seismic improvement project being
funded with the additional amounts made available in this administrative
provision.
Sec. 249. (a) Prohibition on Use of Funds.--None of the funds
appropriated or otherwise made available by this Act may be used to deny
an Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency of
the United States Government over which such Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede the access of such Inspector General to
such records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to such Inspector
General and expressly limits the right of access of such Inspector
General.
(b) Timely Access.--A department or agency covered by this section
shall provide its Inspector General access to all records, documents,
and other materials in a timely manner.
(c) Compliance.--Each Inspector General covered by this section
shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Report.--Each Inspector General covered by this section shall
report to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives within 5
calendar days of any failure by any department or agency covered by this
section to comply with this section.
Sec. 250. (a) <<NOTE: Deadline.>> Plan Required.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
Veterans
[[Page 132 STAT. 2975]]
Affairs shall submit to the appropriate committees of Congress a plan to
reduce the chances that clinical mistakes by employees of the Department
of Veterans Affairs will result in adverse events that require
institutional or clinical disclosures and to prevent any unnecessary
hardship for patients and families impacted by such adverse events.
(b) Elements.--The plan required by subsection (a) shall include the
following:
(1) A description of a process for the timely identification
of individuals impacted by disclosures described in subsection
(a) and the process for contacting those individuals or their
next of kin.
(2) A description of procedures for expediting any remedial
or follow-up care required for those individuals.
(3) A detailed outline of proposed changes to the process of
the Department for clinical quality checks and oversight.
(4) A communication plan to ensure all facilities of the
Department are made aware of any requirements updated pursuant
to the plan.
(5) <<NOTE: Timeline.>> A timeline detailing the
implementation of the plan.
(6) An identification of the senior executive of the
Department responsible for ensuring compliance with the plan.
(7) An identification of potential impacts of the plan on
timely diagnoses for patients.
(8) An identification of the processes and procedures for
employees of the Department to make leadership at the facility
and the Department aware of adverse events that are concerning
and that result in disclosures and to ensure that the medical
impact on veterans of such disclosures is minimized.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the House of
Representatives.
Sec. 251. None of the funds made available in this Act may be used
in a manner that would increase wait times for veterans who seek care at
medical facilities of the Department of Veterans Affairs.
Sec. 252. None <<NOTE: Notification. Time period.>> of the funds
appropriated or otherwise made available by this Act to the Veterans
Health Administration may be used in fiscal year 2019 to convert any
program which received specific purpose funds in fiscal year 2018 to a
general purpose funded program unless the Secretary of Veterans Affairs
submits written notification of any such proposal to the Committees on
Appropriations of both Houses of Congress at least thirty days prior to
any such action and an approval is issued by the Committees.
[[Page 132 STAT. 2976]]
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $42,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $104,000,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $34,955,000: Provided, That
$2,580,000 shall be available for the purpose of providing financial
assistance as described and in accordance with the process and reporting
procedures set forth under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $80,800,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2021. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
[[Page 132 STAT. 2977]]
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $33,600,000, to remain available until expended, for planning
and design and construction associated with the Southern Expansion
project at Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $64,300,000, of which $1,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the Treasury to
the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established
under 10 U.S.C. 4727 are appropriated and shall be available until
expended to support activities at the Army National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$192,250,000, to remain available until September 30, 2023, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $227,320,000, to remain available until September 30,
2023, for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 132 STAT. 2978]]
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force''
$414,800,000, to remain available until September 30, 2023, for projects
outside of the United States: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $87,050,000, to remain available until September 30, 2023, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Administrative Provisions
Sec. 401. Each <<NOTE: President. Designation.>> 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 <<NOTE: Lists.>> of the funds appropriated for
military construction projects outside the United States under this
title may be obligated or expended for planning and design of any
project associated with the European Deterrence Initiative until the
Secretary of Defense develops and submits to the congressional defense
committees, in a classified and unclassified format, a list of all of
the military construction projects associated with the European
Deterrence Initiative which the Secretary anticipates will be carried
out during each of the fiscal years 2020 through 2024.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 504. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies
[[Page 132 STAT. 2979]]
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) <<NOTE: Web posting. Determination.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Pornography.>> 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.
[[Page 132 STAT. 2980]]
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) <<NOTE: Effective date.>> An individual described in this
subsection is any individual who, as of June 24, 2009, is located at
United States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2019''.
Approved September 21, 2018.
LEGISLATIVE HISTORY--H.R. 5895 (S. 2975):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 115-697 (Comm. on Appropriations) and 115-929 (Comm.
of Conference).
SENATE REPORTS: No. 115-258 (Comm. on Appropriations) accompanying
S. 2975.
CONGRESSIONAL RECORD, Vol. 164 (2018):
June 7, 8, considered and passed House.
June 18-21, 25, considered and passed Senate, amended.
Sept. 12, Senate agreed to conference report.
Sept. 13, House agreed to conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Sept. 21, Presidential remarks and statement.
<all>
Conference papers: Senate report and manager's statement and official papers held at the desk in Senate.
Conference report considered in Senate. (consideration: CR S6133-6135)
Cloture motion on the conference report to accompany H.R. 5895 presented in Senate. (CR S6116-6117)
Cloture motion on the conference report to accompany H.R. 5895 withdrawn by unanimous consent in Senate.
Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 92 - 5. Record Vote Number: 207.
Roll Call #207 (Senate)Senate agreed to conference report by Yea-Nay Vote. 92 - 5. Record Vote Number: 207.
Roll Call #207 (Senate)Message on Senate action sent to the House.
Mr. Frelinghuysen brought up conference report H. Rept. 115-929 for consideration under the provisions of H. Res. 1059. (consideration: CR H8239-8245)
DEBATE - Pursuant to the provisions of H.Res. 1059, the House proceeded with one hour of debate on the conference report to accompany H.R. 5895.
The previous question was ordered pursuant to the rule.
Enacted as Public Law 115-244
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Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 377 - 20 (Roll No. 399).
Roll Call #399 (House)On agreeing to the conference report Agreed to by the Yeas and Nays: 377 - 20 (Roll No. 399).
Roll Call #399 (House)Motions to reconsider laid on the table Agreed to without objection.
Pursuant to the provisions of S. Con. Res. 46, enrollment corrections on H.R. 5895 have been made.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 115-244.
Became Public Law No: 115-244.