IB 

Union Calendar No. 518 

115TH CONGRESS 

2D SESSION H. R. 5786 

[Report No. 115–673] 

Making appropriations for military construction, the Department of Veterans 

Affairs, and related agencies for the fiscal year ending September 30, 

2019, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2018 

Mr. DENT, from the Committee on Appropriations, reported the following bill; 

which was committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

A BILL 

Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the 

fiscal year ending September 30, 2019, and for other 

purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for 

5 military construction, the Department of Veterans Affairs, 

6 and related agencies for the fiscal year ending September 

7 30, 2019, and for other purposes, namely: 

8 TITLE I 

9 DEPARTMENT OF DEFENSE 

10 MILITARY CONSTRUCTION, ARMY

11 For acquisition, construction, installation, and equip12 ment of temporary or permanent public works, military 

13 installations, facilities, and real property for the Army as 

14 currently authorized by law, including personnel in the 

15 Army Corps of Engineers and other personal services nec16 essary for the purposes of this appropriation, and for con17 struction and operation of facilities in support of the func18 tions of the Commander in Chief, $1,001,768,000, to re19 main available until September 30, 2023: Provided, That, 

20 of this amount, not to exceed $110,068,000 shall be avail21 able for study, planning, design, architect and engineer 

22 services, and host nation support, as authorized by law, 

23 unless the Secretary of the Army determines that addi24 tional obligations are necessary for such purposes and noVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 tifies the Committees on Appropriations of both Houses 

2 of Congress of the determination and the reasons therefor. 

3 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

4 For acquisition, construction, installation, and equip5 ment of temporary or permanent public works, naval in6 stallations, facilities, and real property for the Navy and 

7 Marine Corps as currently authorized by law, including 

8 personnel in the Naval Facilities Engineering Command 

9 and other personal services necessary for the purposes of 

10 this appropriation, $2,100,298,000, to remain available 

11 until September 30, 2023: Provided, That, of this amount, 

12 not to exceed $185,542,000 shall be available for study, 

13 planning, design, and architect and engineer services, as 

14 authorized by law, unless the Secretary of the Navy deter15 mines that additional obligations are necessary for such 

16 purposes and notifies the Committees on Appropriations 

17 of both Houses of Congress of the determination and the 

18 reasons therefor. 

19 MILITARY CONSTRUCTION, AIR FORCE

20 For acquisition, construction, installation, and equip21 ment of temporary or permanent public works, military 

22 installations, facilities, and real property for the Air Force 

23 as currently authorized by law, $1,454,723,000, to remain 

24 available until September 30, 2023: Provided, That, of 

25 this amount, not to exceed $206,577,000 shall be available 


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1 for study, planning, design, and architect and engineer 

2 services, as authorized by law, unless the Secretary of the 

3 Air Force determines that additional obligations are nec4 essary for such purposes and notifies the Committees on 

5 Appropriations of both Houses of Congress of the deter6 mination and the reasons therefor. 

7 MILITARY CONSTRUCTION, DEFENSE-WIDE

8 (INCLUDING TRANSFER OF FUNDS)

9 For acquisition, construction, installation, and equip10 ment of temporary or permanent public works, installa11 tions, facilities, and real property for activities and agen12 cies of the Department of Defense (other than the military 

13 departments), as currently authorized by law, 

14 $2,465,738,000, to remain available until September 30, 

15 2023: Provided, That such amounts of this appropriation 

16 as may be determined by the Secretary of Defense may 

17 be transferred to such appropriations of the Department 

18 of Defense available for military construction or family 

19 housing as the Secretary may designate, to be merged with 

20 and to be available for the same purposes, and for the 

21 same time period, as the appropriation or fund to which 

22 transferred: Provided further, That, of the amount, not to 

23 exceed $195,345,000 shall be available for study, plan24 ning, design, and architect and engineer services, as au25 thorized by law, unless the Secretary of Defense deterVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 mines that additional obligations are necessary for such 

2 purposes and notifies the Committees on Appropriations 

3 of both Houses of Congress of the determination and the 

4 reasons therefor: Provided further, That the Director of 

5 the Missile Defense Agency shall provide quarterly reports 

6 to the congressional defense committees on the construc7 tion timeline and obligations for the Poland Aegis Ashore 

8 complex. 

9 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

10 For construction, acquisition, expansion, rehabilita11 tion, and conversion of facilities for the training and ad12 ministration of the Army National Guard, and contribu13 tions therefor, as authorized by chapter 1803 of title 10, 

14 United States Code, and Military Construction Authoriza15 tion Acts, $180,122,000, to remain available until Sep16 tember 30, 2023: Provided, That, of the amount, not to 

17 exceed $16,622,000 shall be available for study, planning, 

18 design, and architect and engineer services, as authorized 

19 by law, unless the Director of the Army National Guard 

20 determines that additional obligations are necessary for 

21 such purposes and notifies the Committees on Appropria22 tions of both Houses of Congress of the determination and 

23 the reasons therefor. 


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1 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Air National Guard, and contributions 

5 therefor, as authorized by chapter 1803 of title 10, United 

6 States Code, and Military Construction Authorization 

7 Acts, $129,126,000, to remain available until September 

8 30, 2023: Provided, That, of the amount, not to exceed 

9 $18,500,000 shall be available for study, planning, design, 

10 and architect and engineer services, as authorized by law, 

11 unless the Director of the Air National Guard determines 

12 that additional obligations are necessary for such purposes 

13 and notifies the Committees on Appropriations of both 

14 Houses of Congress of the determination and the reasons 

15 therefor. 

16 MILITARY CONSTRUCTION, ARMY RESERVE

17 For construction, acquisition, expansion, rehabilita18 tion, and conversion of facilities for the training and ad19 ministration of the Army Reserve as authorized by chapter 

20 1803 of title 10, United States Code, and Military Con21 struction Authorization Acts, $64,919,000, to remain 

22 available until September 30, 2023: Provided, That, of the 

23 amount, not to exceed $5,855,000 shall be available for 

24 study, planning, design, and architect and engineer serv25 ices, as authorized by law, unless the Chief of the Army 


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1 Reserve determines that additional obligations are nec2 essary for such purposes and notifies the Committees on 

3 Appropriations of both Houses of Congress of the deter4 mination and the reasons therefor. 

5 MILITARY CONSTRUCTION, NAVY RESERVE

6 For construction, acquisition, expansion, rehabilita7 tion, and conversion of facilities for the training and ad8 ministration of the reserve components of the Navy and 

9 Marine Corps as authorized by chapter 1803 of title 10, 

10 United States Code, and Military Construction Authoriza11 tion Acts, $43,065,000, to remain available until Sep12 tember 30, 2023: Provided, That, of the amount, not to 

13 exceed $4,695,000 shall be available for study, planning, 

14 design, and architect and engineer services, as authorized 

15 by law, unless the Secretary of the Navy determines that 

16 additional obligations are necessary for such purposes and 

17 notifies the Committees on Appropriations of both Houses 

18 of Congress of the determination and the reasons therefor. 

19 MILITARY CONSTRUCTION, AIR FORCE RESERVE

20 For construction, acquisition, expansion, rehabilita21 tion, and conversion of facilities for the training and ad22 ministration of the Air Force Reserve as authorized by 

23 chapter 1803 of title 10, United States Code, and Military 

24 Construction Authorization Acts, $50,163,000, to remain 

25 available until September 30, 2023: Provided, That, of the 


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1 amount, not to exceed $4,055,000 shall be available for 

2 study, planning, design, and architect and engineer serv3 ices, as authorized by law, unless the Chief of the Air 

4 Force Reserve determines that additional obligations are 

5 necessary for such purposes and notifies the Committees 

6 on Appropriations of both Houses of Congress of the de7 termination and the reasons therefor: Provided further, 

8 That, the Chief of the Air Force Reserve shall take imme9 diate action to address unfunded military construction re10 quirements for access control points and security issues 

11 at Air Force Reserve facilities. 

12 NORTH ATLANTIC TREATY ORGANIZATION

13 SECURITY INVESTMENT PROGRAM

14 For the United States share of the cost of the North 

15 Atlantic Treaty Organization Security Investment Pro16 gram for the acquisition and construction of military fa17 cilities and installations (including international military 

18 headquarters) and for related expenses for the collective 

19 defense of the North Atlantic Treaty Area as authorized 

20 by section 2806 of title 10, United States Code, and Mili21 tary Construction Authorization Acts, $171,064,000, to 

22 remain available until expended. 

23 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

24 For deposit into the Department of Defense Base 

25 Closure Account, established by section 2906(a) of the DeVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 fense Base Closure and Realignment Act of 1990 (10 

2 U.S.C. 2687 note), $322,390,000, to remain available 

3 until expended. 

4 FAMILY HOUSING CONSTRUCTION, ARMY

5 For expenses of family housing for the Army for con6 struction, including acquisition, replacement, addition, ex7 pansion, extension, and alteration, as authorized by law, 

8 $330,660,000, to remain available until September 30, 

9 2023: Provided, That none of the funds provided under 

10 this heading for family housing construction may be ex11 pended for family housing improvements on Kwajalein 

12 Atoll until the Secretary of the Army certifies to the con13 gressional defense committees that the new housing units 

14 represent the best value to the taxpayer and that no rea15 sonable alternatives exist at a lower cost. 

16 FAMILY HOUSING OPERATION AND MAINTENANCE, 

17 ARMY

18 For expenses of family housing for the Army for op19 eration and maintenance, including debt payment, leasing, 

20 minor construction, principal and interest charges, and in21 surance premiums, as authorized by law, $376,509,000. 

22 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

23 CORPS

24 For expenses of family housing for the Navy and Ma25 rine Corps for construction, including acquisition, replaceVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 ment, addition, expansion, extension, and alteration, as 

2 authorized by law, $104,581,000, to remain available until 

3 September 30, 2023. 

4 FAMILY HOUSING OPERATION AND MAINTENANCE, 

5 NAVY AND MARINE CORPS

6 For expenses of family housing for the Navy and Ma7 rine Corps for operation and maintenance, including debt 

8 payment, leasing, minor construction, principal and inter9 est charges, and insurance premiums, as authorized by 

10 law, $314,536,000. 

11 FAMILY HOUSING CONSTRUCTION, AIR FORCE

12 For expenses of family housing for the Air Force for 

13 construction, including acquisition, replacement, addition, 

14 expansion, extension, and alteration, as authorized by law, 

15 $78,446,000, to remain available until September 30, 

16 2023. 

17 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

18 FORCE

19 For expenses of family housing for the Air Force for 

20 operation and maintenance, including debt payment, leas21 ing, minor construction, principal and interest charges, 

22 and insurance premiums, as authorized by law, 

23 $317,274,000. 


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1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 DEFENSE-WIDE

3 For expenses of family housing for the activities and 

4 agencies of the Department of Defense (other than the 

5 military departments) for operation and maintenance, 

6 leasing, and minor construction, as authorized by law, 

7 $58,373,000. 

8 DEPARTMENT OF DEFENSE FAMILY HOUSING

9 IMPROVEMENT FUND

10 For the Department of Defense Family Housing Im11 provement Fund, $1,653,000, to remain available until ex12 pended, for family housing initiatives undertaken pursu13 ant to section 2883 of title 10, United States Code, pro14 viding alternative means of acquiring and improving mili15 tary family housing and supporting facilities. 

16 DEPARTMENT OF DEFENSE MILITARY UNACCOMPANIED

17 HOUSING IMPROVEMENT FUND

18 For the Department of Defense Military Unaccom19 panied Housing Improvement Fund, $600,000, to remain 

20 available until expended, for unaccompanied housing ini21 tiatives undertaken pursuant to section 2883 of title 10, 

22 United States Code, providing alternative means of acquir23 ing and improving military unaccompanied housing and 

24 supporting facilities. 


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1 ADMINISTRATIVE PROVISIONS

2 SEC. 101. None of the funds made available in this 

3 title shall be expended for payments under a cost-plus-a4 fixed-fee contract for construction, where cost estimates 

5 exceed $25,000, to be performed within the United States, 

6 except Alaska, without the specific approval in writing of 

7 the Secretary of Defense setting forth the reasons there8 for. 

9 SEC. 102. Funds made available in this title for con10 struction shall be available for hire of passenger motor ve11 hicles. 

12 SEC. 103. Funds made available in this title for con13 struction may be used for advances to the Federal High14 way Administration, Department of Transportation, for 

15 the construction of access roads as authorized by section 

16 210 of title 23, United States Code, when projects author17 ized therein are certified as important to the national de18 fense by the Secretary of Defense. 

19 SEC. 104. None of the funds made available in this 

20 title may be used to begin construction of new bases in 

21 the United States for which specific appropriations have 

22 not been made. 

23 SEC. 105. None of the funds made available in this 

24 title shall be used for purchase of land or land easements 

25 in excess of 100 percent of the value as determined by 


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1 the Army Corps of Engineers or the Naval Facilities Engi2 neering Command, except: (1) where there is a determina3 tion of value by a Federal court; (2) purchases negotiated 

4 by the Attorney General or the designee of the Attorney 

5 General; (3) where the estimated value is less than 

6 $25,000; or (4) as otherwise determined by the Secretary 

7 of Defense to be in the public interest. 

8 SEC. 106. None of the funds made available in this 

9 title shall be used to: (1) acquire land; (2) provide for site 

10 preparation; or (3) install utilities for any family housing, 

11 except housing for which funds have been made available 

12 in annual Acts making appropriations for military con13 struction. 

14 SEC. 107. None of the funds made available in this 

15 title for minor construction may be used to transfer or 

16 relocate any activity from one base or installation to an17 other, without prior notification to the Committees on Ap18 propriations of both Houses of Congress. 

19 SEC. 108. None of the funds made available in this 

20 title may be used for the procurement of steel for any con21 struction project or activity for which American steel pro22 ducers, fabricators, and manufacturers have been denied 

23 the opportunity to compete for such steel procurement. 

24 SEC. 109. None of the funds available to the Depart25 ment of Defense for military construction or family housVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 ing during the current fiscal year may be used to pay real 

2 property taxes in any foreign nation. 

3 SEC. 110. None of the funds made available in this 

4 title may be used to initiate a new installation overseas 

5 without prior notification to the Committees on Appro6 priations of both Houses of Congress. 

7 SEC. 111. None of the funds made available in this 

8 title may be obligated for architect and engineer contracts 

9 estimated by the Government to exceed $500,000 for 

10 projects to be accomplished in Japan, in any North Atlan11 tic Treaty Organization member country, or in countries 

12 bordering the Arabian Gulf, unless such contracts are 

13 awarded to United States firms or United States firms 

14 in joint venture with host nation firms. 

15 SEC. 112. None of the funds made available in this 

16 title for military construction in the United States terri17 tories and possessions in the Pacific and on Kwajalein 

18 Atoll, or in countries bordering the Arabian Gulf, may be 

19 used to award any contract estimated by the Government 

20 to exceed $1,000,000 to a foreign contractor: Provided, 

21 That this section shall not be applicable to contract 

22 awards for which the lowest responsive and responsible bid 

23 of a United States contractor exceeds the lowest respon24 sive and responsible bid of a foreign contractor by greater 

25 than 20 percent: Provided further, That this section shall 


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1 not apply to contract awards for military construction on 

2 Kwajalein Atoll for which the lowest responsive and re3 sponsible bid is submitted by a Marshallese contractor. 

4 SEC. 113. The Secretary of Defense shall inform the 

5 appropriate committees of both Houses of Congress, in6 cluding the Committees on Appropriations, of plans and 

7 scope of any proposed military exercise involving United 

8 States personnel 30 days prior to its occurring, if amounts 

9 expended for construction, either temporary or permanent, 

10 are anticipated to exceed $100,000. 

11 SEC. 114. Funds appropriated to the Department of 

12 Defense for construction in prior years shall be available 

13 for construction authorized for each such military depart14 ment by the authorizations enacted into law during the 

15 current session of Congress. 

16 SEC. 115. For military construction or family housing 

17 projects that are being completed with funds otherwise ex18 pired or lapsed for obligation, expired or lapsed funds may 

19 be used to pay the cost of associated supervision, inspec20 tion, overhead, engineering and design on those projects 

21 and on subsequent claims, if any. 

22 SEC. 116. Notwithstanding any other provision of 

23 law, any funds made available to a military department 

24 or defense agency for the construction of military projects 

25 may be obligated for a military construction project or 


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1 contract, or for any portion of such a project or contract, 

2 at any time before the end of the fourth fiscal year after 

3 the fiscal year for which funds for such project were made 

4 available, if the funds obligated for such project: (1) are 

5 obligated from funds available for military construction 

6 projects; and (2) do not exceed the amount appropriated 

7 for such project, plus any amount by which the cost of 

8 such project is increased pursuant to law. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 117. Subject to 30 days prior notification, or 

11 14 days for a notification provided in an electronic me12 dium pursuant to sections 480 and 2883 of title 10, 

13 United States Code, to the Committees on Appropriations 

14 of both Houses of Congress, such additional amounts as 

15 may be determined by the Secretary of Defense may be 

16 transferred to: (1) the Department of Defense Family 

17 Housing Improvement Fund from amounts appropriated 

18 for construction in ‘‘Family Housing’’ accounts, to be 

19 merged with and to be available for the same purposes 

20 and for the same period of time as amounts appropriated 

21 directly to the Fund; or (2) the Department of Defense 

22 Military Unaccompanied Housing Improvement Fund 

23 from amounts appropriated for construction of military 

24 unaccompanied housing in ‘‘Military Construction’’ ac25 counts, to be merged with and to be available for the same 


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1 purposes and for the same period of time as amounts ap2 propriated directly to the Fund: Provided, That appropria3 tions made available to the Funds shall be available to 

4 cover the costs, as defined in section 502(5) of the Con5 gressional Budget Act of 1974, of direct loans or loan 

6 guarantees issued by the Department of Defense pursuant 

7 to the provisions of subchapter IV of chapter 169 of title 

8 10, United States Code, pertaining to alternative means 

9 of acquiring and improving military family housing, mili10 tary unaccompanied housing, and supporting facilities. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 118. In addition to any other transfer authority 

13 available to the Department of Defense, amounts may be 

14 transferred from the Department of Defense Base Closure 

15 Account to the fund established by section 1013(d) of the 

16 Demonstration Cities and Metropolitan Development Act 

17 of 1966 (42 U.S.C. 3374) to pay for expenses associated 

18 with the Homeowners Assistance Program incurred under 

19 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall 

20 be merged with and be available for the same purposes 

21 and for the same time period as the fund to which trans22 ferred. 

23 SEC. 119. Notwithstanding any other provision of 

24 law, funds made available in this title for operation and 

25 maintenance of family housing shall be the exclusive 


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1 source of funds for repair and maintenance of all family 

2 housing units, including general or flag officer quarters: 

3 Provided, That not more than $15,000 per unit may be 

4 spent annually for the maintenance and repair of any gen5 eral or flag officer quarters without 30 days prior notifica6 tion, or 14 days for a notification provided in an electronic 

7 medium pursuant to sections 480 and 2883 of title 10, 

8 United States Code, to the Committees on Appropriations 

9 of both Houses of Congress, except that an after-the-fact 

10 notification shall be submitted if the limitation is exceeded 

11 solely due to costs associated with environmental remedi12 ation that could not be reasonably anticipated at the time 

13 of the budget submission: Provided further, That the 

14 Under Secretary of Defense (Comptroller) is to report an15 nually to the Committees on Appropriations of both 

16 Houses of Congress all operation and maintenance ex17 penditures for each individual general or flag officer quar18 ters for the prior fiscal year. 

19 SEC. 120. Amounts contained in the Ford Island Im20 provement Account established by subsection (h) of sec21 tion 2814 of title 10, United States Code, are appro22 priated and shall be available until expended for the pur23 poses specified in subsection (i)(1) of such section or until 

24 transferred pursuant to subsection (i)(3) of such section. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 121. During the 5-year period after appropria3 tions available in this Act to the Department of Defense 

4 for military construction and family housing operation and 

5 maintenance and construction have expired for obligation, 

6 upon a determination that such appropriations will not be 

7 necessary for the liquidation of obligations or for making 

8 authorized adjustments to such appropriations for obliga9 tions incurred during the period of availability of such ap10 propriations, unobligated balances of such appropriations 

11 may be transferred into the appropriation ‘‘Foreign Cur12 rency Fluctuations, Construction, Defense’’, to be merged 

13 with and to be available for the same time period and for 

14 the same purposes as the appropriation to which trans15 ferred. 

16 SEC. 122. (a) Except as provided in subsection (b), 

17 none of the funds made available in this Act may be used 

18 by the Secretary of the Army to relocate a unit in the 

19 Army that— 

20 (1) performs a testing mission or function that 

21 is not performed by any other unit in the Army and 

22 is specifically stipulated in title 10, United States 

23 Code; and 

24 (2) is located at a military installation at which 

25 the total number of civilian employees of the DepartVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 ment of the Army and Army contractor personnel 

2 employed exceeds 10 percent of the total number of 

3 members of the regular and reserve components of 

4 the Army assigned to the installation. 

5 (b) EXCEPTION.—Subsection (a) shall not apply if 

6 the Secretary of the Army certifies to the congressional 

7 defense committees that in proposing the relocation of the 

8 unit of the Army, the Secretary complied with Army Regu9 lation 5–10 relating to the policy, procedures, and respon10 sibilities for Army stationing actions. 

11 SEC. 123. Amounts appropriated or otherwise made 

12 available in an account funded under the headings in this 

13 title may be transferred among projects and activities 

14 within the account in accordance with the reprogramming 

15 guidelines for military construction and family housing 

16 construction contained in Department of Defense Finan17 cial Management Regulation 7000.14–R, Volume 3, Chap18 ter 7, of March 2011, as in effect on the date of enactment 

19 of this Act. 

20 SEC. 124. None of the funds made available in this 

21 title may be obligated or expended for planning and design 

22 and construction of projects at Arlington National Ceme23 tery. 


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1 SEC. 125. For an additional amount for the accounts 

2 and in the amounts specified, to remain available until 

3 September 30, 2023: 

4 ‘‘Military Construction, Army’’, $44,100,000; 

5 ‘‘Military Construction, Navy and Marine 

6 Corps’’, $317,800,000; 

7 ‘‘Military Construction, Air Force’’, 

8 $144,450,000; 

9 ‘‘Military Construction, Army National Guard’’, 

10 $11,000,000; 

11 ‘‘Military Construction, Air National Guard’’, 

12 $62,000,000; 

13 ‘‘Military Construction, Army Reserve’’, 

14 $23,000,000; and 

15 ‘‘Military Construction, Air Force Reserve’’, 

16 $84,800,000: 

17 Provided, That such funds may only be obligated to carry 

18 out construction projects identified in the respective mili19 tary department’s unfunded priority list for fiscal year 

20 2019 submitted to Congress: Provided further, That such 

21 projects are subject to authorization prior to obligation 

22 and expenditure of funds to carry out construction: Pro23 vided further, That not later than 30 days after enactment 

24 of this Act, the Secretary of the military department con25 cerned, or his or her designee, shall submit to the CommitVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 tees on Appropriations of both Houses of Congress an ex2 penditure plan for funds provided under this section. 

3 (RESCISSIONS OF FUNDS)

4 SEC. 126. Of the unobligated balances available to 

5 the Department of Defense from prior appropriation Acts, 

6 the following funds are hereby rescinded from the fol7 lowing accounts in the amounts specified: 

8 ‘‘NATO Security Investment Program’’, 

9 $25,000,000; 

10 ‘‘Military Construction, Air Force’’, 

11 $31,158,000; and 

12 ‘‘The fund established in section 1013(d) of the 

13 Demonstration Cities and Metropolitan Development 

14 Act of 1966 (42 U.S.C. 3374)’’, $15,000,000: 

15 Provided, That no amounts may be rescinded from 

16 amounts that were designated by the Congress for Over17 seas Contingency Operations/Global War on Terrorism or 

18 as an emergency requirement pursuant to a concurrent 

19 resolution on the budget or the Balanced Budget and 

20 Emergency Deficit Control Act of 1985, as amended. 

21 SEC. 127. For the purposes of this Act, the term 

22 ‘‘congressional defense committees’’ means the Commit23 tees on Armed Services of the House of Representatives 

24 and the Senate, the Subcommittee on Military Construc25 tion and Veterans Affairs of the Committee on AppropriaVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 tions of the Senate, and the Subcommittee on Military 

2 Construction and Veterans Affairs of the Committee on 

3 Appropriations of the House of Representatives. 

4 SEC. 128. None of the funds made available by this 

5 Act may be used to carry out the closure or realignment 

6 of the United States Naval Station, Guanta ́namo Bay, 

7 Cuba. 

8 SEC. 129. Notwithstanding any other provision of 

9 law, none of the funds appropriated or otherwise made 

10 available by this or any other Act may be used to consoli11 date or relocate any element of a United States Air Force 

12 Rapid Engineer Deployable Heavy Operational Repair 

13 Squadron Engineer (RED HORSE) outside of the United 

14 States until the Secretary of the Air Force (1) completes 

15 an analysis and comparison of the cost and infrastructure 

16 investment required to consolidate or relocate a RED 

17 HORSE squadron outside of the United States versus 

18 within the United States; (2) provides to the Committees 

19 on Appropriations of both Houses of Congress (‘‘the Com20 mittees’’) a report detailing the findings of the cost anal21 ysis; and (3) certifies in writing to the Committees that 

22 the preferred site for the consolidation or relocation yields 

23 the greatest savings for the Air Force: Provided, That the 

24 term ‘‘United States’’ in this section does not include any 

25 territory or possession of the United States. 


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1 SEC. 130. All amounts appropriated to ‘‘Department 

2 of Defense—Military Construction accounts for Army, 

3 Navy and Marine Corps, Air Force and Defense-Wide’’ 

4 pursuant to the authorization of appropriations in the Na5 tional Defense Authorization Act specified for fiscal year 

6 2019 in the funding table in section 4601 of that Act, 

7 shall be immediately available and allotted to contract for 

8 the full scope of authorized projects. 

9 SEC. 131. For an additional amount for the accounts 

10 and in the amounts specified, for enhancing force protec11 tion and safety at military installations, to remain avail12 able until September 30, 2023: 

13 ‘‘Military Construction, Army’’, $50,000,000; 

14 ‘‘Military Construction, Navy and Marine 

15 Corps’’, $50,000,000; 

16 ‘‘Military Construction, Air Force’’, 

17 $50,000,000: 

18 Provided , That such projects are subject to authorization 

19 prior to obligation and expenditure of funds to carry out 

20 construction: Provided further, That not later than 30 

21 days after enactment of this Act, the Secretary of the mili22 tary department concerned, or his or her designee, shall 

23 submit to the Committees on Appropriations of both 

24 Houses of Congress an expenditure plan for funds pro25 vided under this section. 


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1 TITLE II 

2 DEPARTMENT OF VETERANS AFFAIRS 

3 VETERANS BENEFITS ADMINISTRATION

4 COMPENSATION AND PENSIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the payment of compensation benefits to or on 

7 behalf of veterans and a pilot program for disability ex8 aminations as authorized by section 107 and chapters 11, 

9 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 

10 pension benefits to or on behalf of veterans as authorized 

11 by chapters 15, 51, 53, 55, and 61 of title 38, United 

12 States Code; and burial benefits, the Reinstated Entitle13 ment Program for Survivors, emergency and other offi14 cers’ retirement pay, adjusted-service credits and certifi15 cates, payment of premiums due on commercial life insur16 ance policies guaranteed under the provisions of title IV 

17 of the Servicemembers Civil Relief Act (50 U.S.C. App. 

18 541 et seq.) and for other benefits as authorized by sec19 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

20 53, 55, and 61 of title 38, United States Code, 

21 $108,530,139,000, to remain available until expended, of 

22 which $107,119,807,000 shall become available on Octo23 ber 1, 2019: Provided, That not to exceed $18,047,000 

24 of the amount made available for fiscal year 2020 under 

25 this heading shall be reimbursed to ‘‘General Operating 


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1 Expenses, Veterans Benefits Administration’’, and ‘‘Infor2 mation Technology Systems’’ for necessary expenses in 

3 implementing the provisions of chapters 51, 53, and 55 

4 of title 38, United States Code, the funding source for 

5 which is specifically provided as the ‘‘Compensation and 

6 Pensions’’ appropriation: Provided further, That such 

7 sums as may be earned on an actual qualifying patient 

8 basis, shall be reimbursed to ‘‘Medical Care Collections 

9 Fund’’ to augment the funding of individual medical facili10 ties for nursing home care provided to pensioners as au11 thorized. 

12 READJUSTMENT BENEFITS

13 For the payment of readjustment and rehabilitation 

14 benefits to or on behalf of veterans as authorized by chap15 ters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 

16 61 of title 38, United States Code, $14,065,282,000, to 

17 remain available until expended and to become available 

18 on October 1, 2019: Provided, That expenses for rehabili19 tation program services and assistance which the Sec20 retary is authorized to provide under subsection (a) of sec21 tion 3104 of title 38, United States Code, other than 

22 under paragraphs (1), (2), (5), and (11) of that sub23 section, shall be charged to this account. 


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1 VETERANS INSURANCE AND INDEMNITIES

2 For military and naval insurance, national service life 

3 insurance, servicemen’s indemnities, service-disabled vet4 erans insurance, and veterans mortgage life insurance as 

5 authorized by chapters 19 and 21, title 38, United States 

6 Code, $111,340,000, which shall become available on Oc7 tober 1, 2019, and shall remain available until expended. 

8 VETERANS HOUSING BENEFIT PROGRAM FUND

9 For the cost of direct and guaranteed loans, such 

10 sums as may be necessary to carry out the program, as 

11 authorized by subchapters I through III of chapter 37 of 

12 title 38, United States Code: Provided, That such costs, 

13 including the cost of modifying such loans, shall be as de14 fined in section 502 of the Congressional Budget Act of 

15 1974: Provided further, That, during fiscal year 2019, 

16 within the resources available, not to exceed $500,000 in 

17 gross obligations for direct loans are authorized for spe18 cially adapted housing loans. 

19 In addition, for administrative expenses to carry out 

20 the direct and guaranteed loan programs, $200,612,000. 

21 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

22 For the cost of direct loans, $39,000, as authorized 

23 by chapter 31 of title 38, United States Code: Provided, 

24 That such costs, including the cost of modifying such 

25 loans, shall be as defined in section 502 of the CongresVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 sional Budget Act of 1974: Provided further, That funds 

2 made available under this heading are available to sub3 sidize gross obligations for the principal amount of direct 

4 loans not to exceed $2,037,000. 

5 In addition, for administrative expenses necessary to 

6 carry out the direct loan program, $396,000, which may 

7 be paid to the appropriation for ‘‘General Operating Ex8 penses, Veterans Benefits Administration’’. 

9 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

10 ACCOUNT

11 For administrative expenses to carry out the direct 

12 loan program authorized by subchapter V of chapter 37 

13 of title 38, United States Code, $1,149,000. 

14 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

15 ADMINISTRATION

16 For necessary operating expenses of the Veterans 

17 Benefits Administration, not otherwise provided for, in18 cluding hire of passenger motor vehicles, reimbursement 

19 of the General Services Administration for security guard 

20 services, and reimbursement of the Department of De21 fense for the cost of overseas employee mail, 

22 $2,922,000,000: Provided, That expenses for services and 

23 assistance authorized under paragraphs (1), (2), (5), and 

24 (11) of section 3104(a) of title 38, United States Code, 

25 that the Secretary of Veterans Affairs determines are necVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 essary to enable entitled veterans: (1) to the maximum ex2 tent feasible, to become employable and to obtain and 

3 maintain suitable employment; or (2) to achieve maximum 

4 independence in daily living, shall be charged to this ac5 count: Provided further, That, of the funds made available 

6 under this heading, not to exceed 5 percent shall remain 

7 available until September 30, 2020. 

8 VETERANS HEALTH ADMINISTRATION

9 MEDICAL SERVICES

10 For necessary expenses for furnishing, as authorized 

11 by law, inpatient and outpatient care and treatment to 

12 beneficiaries of the Department of Veterans Affairs and 

13 veterans described in section 1705(a) of title 38, United 

14 States Code, including care and treatment in facilities not 

15 under the jurisdiction of the Department, and including 

16 medical supplies and equipment, bioengineering services, 

17 food services, and salaries and expenses of healthcare em18 ployees hired under title 38, United States Code, aid to 

19 State homes as authorized by section 1741 of title 38, 

20 United States Code, assistance and support services for 

21 caregivers as authorized by section 1720G of title 38, 

22 United States Code, loan repayments authorized by sec23 tion 604 of the Caregivers and Veterans Omnibus Health 

24 Services Act of 2010 (Public Law 111–163; 124 Stat. 

25 1174; 38 U.S.C. 7681 note), monthly assistance allowVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 ances authorized by section 322(d) of title 38, United 

2 States Code, grants authorized by section 521A of title 

3 38, United States Code, and administrative expenses nec4 essary to carry out sections 322(d) and 521A of title 38, 

5 United States Code, and hospital care and medical serv6 ices authorized by section 1787 of title 38, United States 

7 Code, $48,747,988,000, plus reimbursements, shall be8 come available on October 1, 2019, and shall remain avail9 able until September 30, 2020: Provided, That, of the 

10 amount made available on October 1, 2018, under this 

11 heading, $1,400,000,000 shall remain available until Sep12 tember 30, 2021: Provided further, That, notwithstanding 

13 any other provision of law, the Secretary of Veterans Af14 fairs shall establish a priority for the provision of medical 

15 treatment for veterans who have service-connected disabil16 ities, lower income, or have special needs: Provided further, 

17 That, notwithstanding any other provision of law, the Sec18 retary of Veterans Affairs shall give priority funding for 

19 the provision of basic medical benefits to veterans in en20 rollment priority groups 1 through 6: Provided further, 

21 That, notwithstanding any other provision of law, the Sec22 retary of Veterans Affairs may authorize the dispensing 

23 of prescription drugs from Veterans Health Administra24 tion facilities to enrolled veterans with privately written 

25 prescriptions based on requirements established by the 


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1 Secretary: Provided further, That the implementation of 

2 the program described in the previous proviso shall incur 

3 no additional cost to the Department of Veterans Affairs. 

4 MEDICAL COMMUNITY CARE

5 For necessary expenses for furnishing health care to 

6 individuals pursuant to chapter 17 of title 38, United 

7 States Code, at non-Department facilities, $500,000,000 

8 which shall be in addition to funds previously appropriated 

9 under this heading that become available on October 1, 

10 2018: and, in addition, $14,419,786,000, plus reimburse11 ments, shall become available on October 1, 2019, and 

12 shall remain available until September 30, 2020: Provided, 

13 That, of the amount made available on October 1, 2019, 

14 under this heading, $2,000,000,000 shall remain available 

15 until September 30, 2021. 

16 MEDICAL SUPPORT AND COMPLIANCE

17 For necessary expenses in the administration of the 

18 medical, hospital, nursing home, domiciliary, construction, 

19 supply, and research activities, as authorized by law; ad20 ministrative expenses in support of capital policy activi21 ties; and administrative and legal expenses of the Depart22 ment for collecting and recovering amounts owed the De23 partment as authorized under chapter 17 of title 38, 

24 United States Code, and the Federal Medical Care Recov25 ery Act (42 U.S.C. 2651 et seq.), $7,106,150,000, plus 


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1 reimbursements, shall become available on October 1, 

2 2019, and shall remain available until September 30, 

3 2020: Provided, That, of the amount made available on 

4 October 1, 2019, under this heading, $100,000,000 shall 

5 remain available until September 30, 2021. 

6 MEDICAL FACILITIES

7 For necessary expenses for the maintenance and op8 eration of hospitals, nursing homes, domiciliary facilities, 

9 and other necessary facilities of the Veterans Health Ad10 ministration; for administrative expenses in support of 

11 planning, design, project management, real property ac12 quisition and disposition, construction, and renovation of 

13 any facility under the jurisdiction or for the use of the 

14 Department; for oversight, engineering, and architectural 

15 activities not charged to project costs; for repairing, alter16 ing, improving, or providing facilities in the several hos17 pitals and homes under the jurisdiction of the Depart18 ment, not otherwise provided for, either by contract or by 

19 the hire of temporary employees and purchase of mate20 rials; for leases of facilities; and for laundry services, 

21 $5,276,676,000, plus reimbursements, shall become avail22 able on October 1, 2019, and shall remain available until 

23 September 30, 2020: Provided, That, of the amount made 

24 available on October 1, 2019, under this heading, 


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1 $250,000,000 shall remain available until September 30, 

2 2021. 

3 MEDICAL AND PROSTHETIC RESEARCH

4 For necessary expenses in carrying out programs of 

5 medical and prosthetic research and development as au6 thorized by chapter 73 of title 38, United States Code, 

7 $732,262,000, plus reimbursements, shall remain avail8 able until September 30, 2020: Provided, That of the 

9 amount made available under this heading, $27,000,000 

10 shall remain available until September 30, 2023 . 

11 NATIONAL CEMETERY ADMINISTRATION

12 For necessary expenses of the National Cemetery Ad13 ministration for operations and maintenance, not other14 wise provided for, including uniforms or allowances there15 for; cemeterial expenses as authorized by law; purchase 

16 of one passenger motor vehicle for use in cemeterial oper17 ations; hire of passenger motor vehicles; and repair, alter18 ation or improvement of facilities under the jurisdiction 

19 of the National Cemetery Administration, $315,836,000, 

20 of which not to exceed 10 percent shall remain available 

21 until September 30, 2020. 


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1 DEPARTMENTAL ADMINISTRATION

2 GENERAL ADMINISTRATION

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary operating expenses of the Department 

5 of Veterans Affairs, not otherwise provided for, including 

6 administrative expenses in support of Department-wide 

7 capital planning, management and policy activities, uni8 forms, or allowances therefor; not to exceed $25,000 for 

9 official reception and representation expenses; hire of pas10 senger motor vehicles; and reimbursement of the General 

11 Services Administration for security guard services, 

12 $346,091,000, of which not to exceed 5 percent shall re13 main available until September 30, 2020: Provided, That 

14 funds provided under this heading may be transferred to 

15 ‘‘General Operating Expenses, Veterans Benefits Adminis16 tration’’. 

17 BOARD OF VETERANS APPEALS

18 For necessary operating expenses of the Board of 

19 Veterans Appeals, $174,748,000, of which not to exceed 

20 10 percent shall remain available until September 30, 

21 2020. 

22 INFORMATION TECHNOLOGY SYSTEMS

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses for information technology 

25 systems and telecommunications support, including develVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 opmental information systems and operational information 

2 systems; for pay and associated costs; and for the capital 

3 asset acquisition of information technology systems, in4 cluding management and related contractual costs of said 

5 acquisitions, including contractual costs associated with 

6 operations authorized by section 3109 of title 5, United 

7 States Code, $4,105,500,000, plus reimbursements: Pro8 vided, That $1,235,320,000 shall be for pay and associ9 ated costs, of which not to exceed 5 percent shall remain 

10 available until September 30, 2020: Provided further, That 

11 $2,521,650,000 shall be for operations and maintenance, 

12 of which not to exceed 5 percent shall remain available 

13 until September 30, 2020: Provided further, That 

14 $348,530,000 shall be for information technology systems 

15 development, and shall remain available until September 

16 30, 2020: Provided further, That amounts made available 

17 for information technology systems development may not 

18 be obligated or expended until the Secretary of Veterans 

19 Affairs or the Chief Information Officer of the Depart20 ment of Veterans Affairs submits to the Committees on 

21 Appropriations of both Houses of Congress a certification 

22 of the amounts, in parts or in full, to be obligated and 

23 expended for each development project: Provided further, 

24 That amounts made available for salaries and expenses, 

25 operations and maintenance, and information technology 


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1 systems development may be transferred among the three 

2 subaccounts after the Secretary of Veterans Affairs re3 quests from the Committees on Appropriations of both 

4 Houses of Congress the authority to make the transfer 

5 and an approval is issued: Provided further, That amounts 

6 made available for the ‘‘Information Technology Systems’’ 

7 account for development may be transferred among 

8 projects or to newly defined projects: Provided further, 

9 That no project may be increased or decreased by more 

10 than $1,000,000 of cost prior to submitting a request to 

11 the Committees on Appropriations of both Houses of Con12 gress to make the transfer and an approval is issued, or 

13 absent a response, a period of 30 days has elapsed: Pro14 vided further, That the funds made available under this 

15 heading for information technology systems development 

16 shall be for the projects, and in the amounts, specified 

17 under this heading in the report accompanying this Act. 

18 VETERANS ELECTRONIC HEALTH RECORD

19 For activities related to implementation, preparation, 

20 development, interface, management, rollout, and mainte21 nance of a Veterans Electronic Health Record system, in22 cluding contractual costs associated with operations au23 thorized by section 3109 of title 5, United States Code, 

24 and salaries and expenses of employees hired under titles 

25 5 and 38, United States Code, $1,207,000,000, to remain 


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1 available until September 30, 2021: Provided, That the 

2 Secretary of Veterans Affairs shall submit to the Commit3 tees on Appropriations of both Houses of Congress quar4 terly reports detailing obligations, expenditures, and de5 ployment implementation by facility: Provided further, 

6 That the funds provided in this account shall only be avail7 able to the Office of the Deputy Secretary, to be adminis8 tered by that Office. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General, to include information technology, in carrying out 

12 the provisions of the Inspector General Act of 1978 (5 

13 U.S.C. App.), $172,054,000, of which not to exceed 10 

14 percent shall remain available until September 30, 2020. 

15 CONSTRUCTION, MAJOR PROJECTS

16 For constructing, altering, extending, and improving 

17 any of the facilities, including parking projects, under the 

18 jurisdiction or for the use of the Department of Veterans 

19 Affairs, or for any of the purposes set forth in sections 

20 316, 2404, 2406 and chapter 81 of title 38, United States 

21 Code, not otherwise provided for, including planning, ar22 chitectural and engineering services, construction manage23 ment services, maintenance or guarantee period services 

24 costs associated with equipment guarantees provided 

25 under the project, services of claims analysts, offsite utility 


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1 and storm drainage system construction costs, and site ac2 quisition, where the estimated cost of a project is more 

3 than the amount set forth in section 8104(a)(3)(A) of title 

4 38, United States Code, or where funds for a project were 

5 made available in a previous major project appropriation, 

6 $1,127,486,000, of which $647,486,000 shall remain 

7 available until September 30, 2023; and of which 

8 $480,000,000 shall remain available until expended, of 

9 which $400,000,000 shall be available for seismic improve10 ment projects and seismic program management activities, 

11 including for projects that would otherwise be funded by 

12 the Construction, Minor Projects, Medical Facilities or 

13 National Cemetery Administration accounts: Provided, 

14 That except for advance planning activities, including 

15 needs assessments which may or may not lead to capital 

16 investments, and other capital asset management related 

17 activities, including portfolio development and manage18 ment activities, and investment strategy studies funded 

19 through the advance planning fund and the planning and 

20 design activities funded through the design fund, including 

21 needs assessments which may or may not lead to capital 

22 investments, and salaries and associated costs of the resi23 dent engineers who oversee those capital investments 

24 funded through this account and contracting officers who 

25 manage specific major construction projects, and funds 


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1 provided for the purchase, security, and maintenance of 

2 land for the National Cemetery Administration through 

3 the land acquisition line item, none of the funds made 

4 available under this heading shall be used for any project 

5 that has not been notified to Congress through the budg6 etary process or that has not been approved by the Con7 gress through statute, joint resolution, or in the explana8 tory statement accompanying such Act and presented to 

9 the President at the time of enrollment: Provided further, 

10 That funds made available under this heading for fiscal 

11 year 2019, for each approved project shall be obligated: 

12 (1) by the awarding of a construction documents contract 

13 by September 30, 2019; and (2) by the awarding of a con14 struction contract by September 30, 2020: Provided fur15 ther, That the Secretary of Veterans Affairs shall prompt16 ly submit to the Committees on Appropriations of both 

17 Houses of Congress a written report on any approved 

18 major construction project for which obligations are not 

19 incurred within the time limitations established above: 

20 Provided further , That notwithstanding the requirements 

21 of section 8104(a) of title 38, United States Code, 

22 amounts made available under this heading for seismic im23 provement projects and seismic program management ac24 tivities shall be available for the completion of both new 

25 and existing seismic projects of the Department. 


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1

2 CONSTRUCTION, MINOR PROJECTS

3 For constructing, altering, extending, and improving 

4 any of the facilities, including parking projects, under the 

5 jurisdiction or for the use of the Department of Veterans 

6 Affairs, including planning and assessments of needs 

7 which may lead to capital investments, architectural and 

8 engineering services, maintenance or guarantee period 

9 services costs associated with equipment guarantees pro10 vided under the project, services of claims analysts, offsite 

11 utility and storm drainage system construction costs, and 

12 site acquisition, or for any of the purposes set forth in 

13 sections 316, 2404, 2406 and chapter 81 of title 38, 

14 United States Code, not otherwise provided for, where the 

15 estimated cost of a project is equal to or less than the 

16 amount set forth in section 8104(a)(3)(A) of title 38, 

17 United States Code, $649,514,000, to remain available 

18 until September 30, 2023, along with unobligated balances 

19 of previous ‘‘Construction, Minor Projects’’ appropriations 

20 which are hereby made available for any project where the 

21 estimated cost is equal to or less than the amount set forth 

22 in such section: Provided, That funds made available 

23 under this heading shall be for: (1) repairs to any of the 

24 nonmedical facilities under the jurisdiction or for the use 

25 of the Department which are necessary because of loss or 


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1 damage caused by any natural disaster or catastrophe; 

2 and (2) temporary measures necessary to prevent or to 

3 minimize further loss by such causes. 

4 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

5 FACILITIES

6 For grants to assist States to acquire or construct 

7 State nursing home and domiciliary facilities and to re8 model, modify, or alter existing hospital, nursing home, 

9 and domiciliary facilities in State homes, for furnishing 

10 care to veterans as authorized by sections 8131 through 

11 8137 of title 38, United States Code, $150,000,000, to 

12 remain available until expended. 

13 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

14 For grants to assist States and tribal organizations 

15 in establishing, expanding, or improving veterans ceme16 teries as authorized by section 2408 of title 38, United 

17 States Code, $45,000,000, to remain available until ex18 pended. 

19 ADMINISTRATIVE PROVISIONS

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 201. Any appropriation for fiscal year 2019 for 

22 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

23 and ‘‘Veterans Insurance and Indemnities’’ may be trans24 ferred as necessary to any other of the mentioned appro25 priations: Provided, That, before a transfer may take 


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1 place, the Secretary of Veterans Affairs shall request from 

2 the Committees on Appropriations of both Houses of Con3 gress the authority to make the transfer and such Com4 mittees issue an approval, or absent a response, a period 

5 of 30 days has elapsed. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 202. Amounts made available for the Depart8 ment of Veterans Affairs for fiscal year 2019, in this or 

9 any other Act, under the ‘‘Medical Services’’, ‘‘Medical 

10 Community Care’’, ‘‘Medical Support and Compliance’’, 

11 and ‘‘Medical Facilities’’ accounts may be transferred 

12 among the accounts: Provided, That any transfers among 

13 the ‘‘Medical Services’’, ‘‘Medical Community Care’’, and 

14 ‘‘Medical Support and Compliance’’ accounts of 1 percent 

15 or less of the total amount appropriated to the account 

16 in this or any other Act may take place subject to notifica17 tion from the Secretary of Veterans Affairs to the Com18 mittees on Appropriations of both Houses of Congress of 

19 the amount and purpose of the transfer: Provided further, 

20 That any transfers among the ‘‘Medical Services’’, ‘‘Med21 ical Community Care’’, and ‘‘Medical Support and Compli22 ance’’ accounts in excess of 1 percent, or exceeding the 

23 cumulative 1 percent for the fiscal year, may take place 

24 only after the Secretary requests from the Committees on 

25 Appropriations of both Houses of Congress the authority 


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1 to make the transfer and an approval is issued: Provided 

2 further, That any transfers to or from the ‘‘Medical Facili3 ties’’ account may take place only after the Secretary re4 quests from the Committees on Appropriations of both 

5 Houses of Congress the authority to make the transfer 

6 and an approval is issued. 

7 SEC. 203. Appropriations available in this title for 

8 salaries and expenses shall be available for services au9 thorized by section 3109 of title 5, United States Code; 

10 hire of passenger motor vehicles; lease of a facility or land 

11 or both; and uniforms or allowances therefore, as author12 ized by sections 5901 through 5902 of title 5, United 

13 States Code. 

14 SEC. 204. No appropriations in this title (except the 

15 appropriations for ‘‘Construction, Major Projects’’, and 

16 ‘‘Construction, Minor Projects’’) shall be available for the 

17 purchase of any site for or toward the construction of any 

18 new hospital or home. 

19 SEC. 205. No appropriations in this title shall be 

20 available for hospitalization or examination of any persons 

21 (except beneficiaries entitled to such hospitalization or ex22 amination under the laws providing such benefits to vet23 erans, and persons receiving such treatment under sec24 tions 7901 through 7904 of title 5, United States Code, 

25 or the Robert T. Stafford Disaster Relief and Emergency 


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1 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim2 bursement of the cost of such hospitalization or examina3 tion is made to the ‘‘Medical Services’’ account at such 

4 rates as may be fixed by the Secretary of Veterans Affairs. 

5 SEC. 206. Appropriations available in this title for 

6 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

7 and ‘‘Veterans Insurance and Indemnities’’ shall be avail8 able for payment of prior year accrued obligations re9 quired to be recorded by law against the corresponding 

10 prior year accounts within the last quarter of fiscal year 

11 2018. 

12 SEC. 207. Appropriations available in this title shall 

13 be available to pay prior year obligations of corresponding 

14 prior year appropriations accounts resulting from sections 

15 3328(a), 3334, and 3712(a) of title 31, United States 

16 Code, except that if such obligations are from trust fund 

17 accounts they shall be payable only from ‘‘Compensation 

18 and Pensions’’. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 208. Notwithstanding any other provision of 

21 law, during fiscal year 2019, the Secretary of Veterans 

22 Affairs shall, from the National Service Life Insurance 

23 Fund under section 1920 of title 38, United States Code, 

24 the Veterans’ Special Life Insurance Fund under section 

25 1923 of title 38, United States Code, and the United 


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1 States Government Life Insurance Fund under section 

2 1955 of title 38, United States Code, reimburse the ‘‘Gen3 eral Operating Expenses, Veterans Benefits Administra4 tion’’ and ‘‘Information Technology Systems’’ accounts for 

5 the cost of administration of the insurance programs fi6 nanced through those accounts: Provided, That reimburse7 ment shall be made only from the surplus earnings accu8 mulated in such an insurance program during fiscal year 

9 2019 that are available for dividends in that program after 

10 claims have been paid and actuarially determined reserves 

11 have been set aside: Provided further, That if the cost of 

12 administration of such an insurance program exceeds the 

13 amount of surplus earnings accumulated in that program, 

14 reimbursement shall be made only to the extent of such 

15 surplus earnings: Provided further, That the Secretary 

16 shall determine the cost of administration for fiscal year 

17 2019 which is properly allocable to the provision of each 

18 such insurance program and to the provision of any total 

19 disability income insurance included in that insurance pro20 gram. 

21 SEC. 209. Amounts deducted from enhanced-use 

22 lease proceeds to reimburse an account for expenses in23 curred by that account during a prior fiscal year for pro24 viding enhanced-use lease services, may be obligated dur25 ing the fiscal year in which the proceeds are received. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 210. Funds available in this title or funds for 

3 salaries and other administrative expenses shall also be 

4 available to reimburse the Office of Resolution Manage5 ment, the Office of Employment Discrimination Complaint 

6 Adjudication, the Office of Accountability and Whistle7 blower Protection, and the Office of Diversity and Inclu8 sion for all services provided at rates which will recover 

9 actual costs but not to exceed $48,431,000 for the Office 

10 of Resolution Management, $4,333,000 for the Office of 

11 Employment Discrimination Complaint Adjudication, 

12 $17,700,000 for the Office of Accountability and Whistle13 blower Protection, and $3,230,000 for the Office of Diver14 sity and Inclusion: Provided, That payments may be made 

15 in advance for services to be furnished based on estimated 

16 costs: Provided further, That amounts received shall be 

17 credited to the ‘‘General Administration’’ and ‘‘Informa18 tion Technology Systems’’ accounts for use by the office 

19 that provided the service. 

20 SEC. 211. No funds of the Department of Veterans 

21 Affairs shall be available for hospital care, nursing home 

22 care, or medical services provided to any person under 

23 chapter 17 of title 38, United States Code, for a non-serv24 ice-connected disability described in section 1729(a)(2) of 

25 such title, unless that person has disclosed to the SecVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 retary of Veterans Affairs, in such form as the Secretary 

2 may require, current, accurate third-party reimbursement 

3 information for purposes of section 1729 of such title: Pro4 vided, That the Secretary may recover, in the same man5 ner as any other debt due the United States, the reason6 able charges for such care or services from any person who 

7 does not make such disclosure as required: Provided fur8 ther, That any amounts so recovered for care or services 

9 provided in a prior fiscal year may be obligated by the 

10 Secretary during the fiscal year in which amounts are re11 ceived. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 212. Notwithstanding any other provision of 

14 law, proceeds or revenues derived from enhanced-use leas15 ing activities (including disposal) may be deposited into 

16 the ‘‘Construction, Major Projects’’ and ‘‘Construction, 

17 Minor Projects’’ accounts and be used for construction 

18 (including site acquisition and disposition), alterations, 

19 and improvements of any medical facility under the juris20 diction or for the use of the Department of Veterans Af21 fairs. Such sums as realized are in addition to the amount 

22 provided for in ‘‘Construction, Major Projects’’ and ‘‘Con23 struction, Minor Projects’’. 

24 SEC. 213. Amounts made available under ‘‘Medical 

25 Services’’ are available— 


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1 (1) for furnishing recreational facilities, sup2 plies, and equipment; and 

3 (2) for funeral expenses, burial expenses, and 

4 other expenses incidental to funerals and burials for 

5 beneficiaries receiving care in the Department. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 214. Such sums as may be deposited to the 

8 Medical Care Collections Fund pursuant to section 1729A 

9 of title 38, United States Code, may be transferred to the 

10 ‘‘Medical Services’’ and ‘‘Medical Community Care’’ ac11 counts to remain available until expended for the purposes 

12 of these accounts. 

13 SEC. 215. The Secretary of Veterans Affairs may 

14 enter into agreements with Federally Qualified Health 

15 Centers in the State of Alaska and Indian tribes and tribal 

16 organizations which are party to the Alaska Native Health 

17 Compact with the Indian Health Service, to provide 

18 healthcare, including behavioral health and dental care, to 

19 veterans in rural Alaska. The Secretary shall require par20 ticipating veterans and facilities to comply with all appro21 priate rules and regulations, as established by the Sec22 retary. The term ‘‘rural Alaska’’ shall mean those lands 

23 which are not within the boundaries of the municipality 

24 of Anchorage or the Fairbanks North Star Borough. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 216. Such sums as may be deposited to the De3 partment of Veterans Affairs Capital Asset Fund pursu4 ant to section 8118 of title 38, United States Code, may 

5 be transferred to the ‘‘Construction, Major Projects’’ and 

6 ‘‘Construction, Minor Projects’’ accounts, to remain avail7 able until expended for the purposes of these accounts. 

8 SEC. 217. Not later than 30 days after the end of 

9 each fiscal quarter, the Secretary of Veterans Affairs shall 

10 submit to the Committees on Appropriations of both 

11 Houses of Congress a report on the financial status of the 

12 Department of Veterans Affairs for the preceding quarter: 

13 Provided, That, at a minimum, the report shall include 

14 the direction contained in the paragraph entitled ‘‘Quar15 terly reporting’’, under the heading ‘‘General Administra16 tion’’ in the joint explanatory statement accompanying 

17 Public Law 114–223. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 218. Amounts made available under the ‘‘Med20 ical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Sup21 port and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Op22 erating Expenses, Veterans Benefits Administration’’, 

23 ‘‘Board of Veterans Appeals’’, ‘‘General Administration’’, 

24 and ‘‘National Cemetery Administration’’ accounts for fis25 cal year 2019 may be transferred to or from the ‘‘InformaVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 tion Technology Systems’’ account: Provided, That such 

2 transfers may not result in a more than 10 percent aggre3 gate increase in the total amount made available by this 

4 Act for the ‘‘Information Technology Systems’’ account: 

5 Provided further, That, before a transfer may take place, 

6 the Secretary of Veterans Affairs shall request from the 

7 Committees on Appropriations of both Houses of Congress 

8 the authority to make the transfer and an approval is 

9 issued. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 219. Of the amounts appropriated to the De12 partment of Veterans Affairs which become available on 

13 October 1, 2019, for ‘‘Medical Services’’, ‘‘Medical Com14 munity Care’’, ‘‘Medical Support and Compliance’’, and 

15 ‘‘Medical Facilities’’, up to $307,609,000, plus reimburse16 ments, may be transferred to the Joint Department of De17 fense—Department of Veterans Affairs Medical Facility 

18 Demonstration Fund, established by section 1704 of the 

19 National Defense Authorization Act for Fiscal Year 2010 

20 (Public Law 111–84; 123 Stat. 3571) and may be used 

21 for operation of the facilities designated as combined Fed22 eral medical facilities as described by section 706 of the 

23 Duncan Hunter National Defense Authorization Act for 

24 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500): 

25 Provided, That additional funds may be transferred from 


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1 accounts designated in this section to the Joint Depart2 ment of Defense—Department of Veterans Affairs Med3 ical Facility Demonstration Fund upon written notifica4 tion by the Secretary of Veterans Affairs to the Commit5 tees on Appropriations of both Houses of Congress. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 220. Such sums as may be deposited to the 

8 Medical Care Collections Fund pursuant to section 1729A 

9 of title 38, United States Code, for healthcare provided 

10 at facilities designated as combined Federal medical facili11 ties as described by section 706 of the Duncan Hunter 

12 National Defense Authorization Act for Fiscal Year 2009 

13 (Public Law 110–417; 122 Stat. 4500) shall also be avail14 able: (1) for transfer to the Joint Department of De15 fense—Department of Veterans Affairs Medical Facility 

16 Demonstration Fund, established by section 1704 of the 

17 National Defense Authorization Act for Fiscal Year 2010 

18 (Public Law 111–84; 123 Stat. 3571); and (2) for oper19 ations of the facilities designated as combined Federal 

20 medical facilities as described by section 706 of the Dun21 can Hunter National Defense Authorization Act for Fiscal 

22 Year 2009 (Public Law 110–417; 122 Stat. 4500): Pro23 vided, That, notwithstanding section 1704(b)(3) of the 

24 National Defense Authorization Act for Fiscal Year 2010 

25 (Public Law 111–84; 123 Stat. 2573), amounts transVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 ferred to the Joint Department of Defense—Department 

2 of Veterans Affairs Medical Facility Demonstration Fund 

3 shall remain available until expended. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 221. Of the amounts available in this title for 

6 ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical 

7 Support and Compliance’’, and ‘‘Medical Facilities’’, a 

8 minimum of $15,000,000 shall be transferred to the 

9 DOD–VA Health Care Sharing Incentive Fund, as au10 thorized by section 8111(d) of title 38, United States 

11 Code, to remain available until expended, for any purpose 

12 authorized by section 8111 of title 38, United States Code. 

13 SEC. 222. None of the funds available to the Depart14 ment of Veterans Affairs, in this or any other Act, may 

15 be used to replace the current system by which the Vet16 erans Integrated Service Networks select and contract for 

17 diabetes monitoring supplies and equipment. 

18 SEC. 223. The Secretary of Veterans Affairs shall no19 tify the Committees on Appropriations of both Houses of 

20 Congress of all bid savings in a major construction project 

21 that total at least $5,000,000, or 5 percent of the pro22 grammed amount of the project, whichever is less: Pro23 vided, That such notification shall occur within 14 days 

24 of a contract identifying the programmed amount: Pro25 vided further, That the Secretary shall notify the CommitVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 tees on Appropriations of both Houses of Congress 14 

2 days prior to the obligation of such bid savings and shall 

3 describe the anticipated use of such savings. 

4 SEC. 224. None of the funds made available for 

5 ‘‘Construction, Major Projects’’ may be used for a project 

6 in excess of the scope specified for that project in the origi7 nal justification data provided to the Congress as part of 

8 the request for appropriations unless the Secretary of Vet9 erans Affairs receives approval from the Committees on 

10 Appropriations of both Houses of Congress. 

11 SEC. 225. Not later than 30 days after the end of 

12 each fiscal quarter, the Secretary of Veterans Affairs shall 

13 submit to the Committees on Appropriations of both 

14 Houses of Congress a quarterly report containing perform15 ance measures and data from each Veterans Benefits Ad16 ministration Regional Office: Provided, That, at a min17 imum, the report shall include the direction contained in 

18 the section entitled ‘‘Disability claims backlog’’, under the 

19 heading ‘‘General Operating Expenses, Veterans Benefits 

20 Administration’’ in the joint explanatory statement accom21 panying Public Law 114–223: Provided further, That the 

22 report shall also include information on the number of ap23 peals pending at the Veterans Benefits Administration as 

24 well as the Board of Veterans Appeals on a quarterly 

25 basis. 


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1 SEC. 226. The Secretary of Veterans Affairs shall 

2 provide written notification to the Committees on Appro3 priations of both Houses of Congress 15 days prior to or4 ganizational changes which result in the transfer of 25 or 

5 more full-time equivalents from one organizational unit of 

6 the Department of Veterans Affairs to another. 

7 SEC. 227. The Secretary of Veterans Affairs shall 

8 provide on a quarterly basis to the Committees on Appro9 priations of both Houses of Congress notification of any 

10 single national outreach and awareness marketing cam11 paign in which obligations exceed $2,000,000. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 228. The Secretary of Veterans Affairs, upon 

14 determination that such action is necessary to address 

15 needs of the Veterans Health Administration, may trans16 fer to the ‘‘Medical Services’’ account any discretionary 

17 appropriations made available for fiscal year 2019 in this 

18 title (except appropriations made to the ‘‘General Oper19 ating Expenses, Veterans Benefits Administration’’ ac20 count) or any discretionary unobligated balances within 

21 the Department of Veterans Affairs, including those ap22 propriated for fiscal year 2019, that were provided in ad23 vance by appropriations Acts: Provided, That transfers 

24 shall be made only with the approval of the Office of Man25 agement and Budget: Provided further, That the transfer 


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1 authority provided in this section is in addition to any 

2 other transfer authority provided by law: Provided further, 

3 That no amounts may be transferred from amounts that 

4 were designated by Congress as an emergency requirement 

5 pursuant to a concurrent resolution on the budget or the 

6 Balanced Budget and Emergency Deficit Control Act of 

7 1985: Provided further, That such authority to transfer 

8 may not be used unless for higher priority items, based 

9 on emergent healthcare requirements, than those for 

10 which originally appropriated and in no case where the 

11 item for which funds are requested has been denied by 

12 Congress: Provided further, That, upon determination that 

13 all or part of the funds transferred from an appropriation 

14 are not necessary, such amounts may be transferred back 

15 to that appropriation and shall be available for the same 

16 purposes as originally appropriated: Provided further, 

17 That before a transfer may take place, the Secretary of 

18 Veterans Affairs shall request from the Committees on 

19 Appropriations of both Houses of Congress the authority 

20 to make the transfer and receive approval of that request. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 229. Amounts made available for the Depart23 ment of Veterans Affairs for fiscal year 2019, under the 

24 ‘‘Board of Veterans Appeals’’ and the ‘‘General Operating 

25 Expenses, Veterans Benefits Administration’’ accounts 


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1 may be transferred between such accounts: Provided, That 

2 before a transfer may take place, the Secretary of Vet3 erans Affairs shall request from the Committees on Appro4 priations of both Houses of Congress the authority to 

5 make the transfer and receive approval of that request. 

6 SEC. 230. The Secretary of Veterans Affairs may not 

7 reprogram funds among major construction projects or 

8 programs if such instance of reprogramming will exceed 

9 $7,000,000, unless such reprogramming is approved by 

10 the Committees on Appropriations of both Houses of Con11 gress. 

12 SEC. 231. (a) The Secretary of Veterans Affairs shall 

13 ensure that the toll-free suicide hotline under section 

14 1720F(h) of title 38, United States Code— 

15 (1) provides to individuals who contact the hot16 line immediate assistance from a trained profes17 sional; and 

18 (2) adheres to all requirements of the American 

19 Association of Suicidology. 

20 (b)(1) None of the funds made available by this Act 

21 may be used to enforce or otherwise carry out any Execu22 tive action that prohibits the Secretary of Veterans Affairs 

23 from appointing an individual to occupy a vacant civil 

24 service position, or establishing a new civil service position, 

25 at the Department of Veterans Affairs with respect to 


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1 such a position relating to the hotline specified in sub2 section (a). 

3 (2) In this subsection— 

4 (A) the term ‘‘civil service’’ has the meaning 

5 given such term in section 2101(1) of title 5, United 

6 States Code; and 

7 (B) the term ‘‘Executive action’’ includes— 

8 (i) any Executive order, presidential memo9 randum, or other action by the President; and 

10 (ii) any agency policy, order, or other di11 rective. 

12 SEC. 232. None of the funds in this or any other Act 

13 may be used to close Department of Veterans Affairs (VA) 

14 hospitals, domiciliaries, or clinics, conduct an environ15 mental assessment, or to diminish healthcare services at 

16 existing Veterans Health Administration medical facilities 

17 located in Veterans Integrated Service Network 23 as part 

18 of a planned realignment of VA services until the Sec19 retary provides to the Committees on Appropriations of 

20 both Houses of Congress a report including the following 

21 elements: 

22 (1) a national realignment strategy that in23 cludes a detailed description of realignment plans 

24 within each Veterans Integrated Services Network 


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1 (VISN), including an updated Long Range Capital 

2 Plan to implement realignment requirements; 

3 (2) an explanation of the process by which 

4 those plans were developed and coordinated within 

5 each VISN; 

6 (3) a cost versus benefit analysis of each 

7 planned realignment, including the cost of replacing 

8 Veterans Health Administration services with con9 tract care or other outsourced services; 

10 (4) an analysis of how any such planned re11 alignment of services will impact access to care for 

12 veterans living in rural or highly rural areas, includ13 ing travel distances and transportation costs to ac14 cess a VA medical facility and availability of local 

15 specialty and primary care; 

16 (5) an inventory of VA buildings with historic 

17 designation and the methodology used to determine 

18 the buildings’ condition and utilization; 

19 (6) a description of how any realignment will be 

20 consistent with requirements under the National 

21 Historic Preservation Act; and 

22 (7) consideration given for reuse of historic 

23 buildings within newly identified realignment re24 quirements: Provided, That, this provision shall not 

25 apply to capital projects in VISN 23, or any other 


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1 VISN, which have been authorized or approved by 

2 Congress. 

3 SEC. 233. Effective during the period beginning on 

4 October 1, 2018 and ending on January 1, 2024, none 

5 of the funds made available to the Secretary of Veterans 

6 Affairs by this or any other Act may be obligated or ex7 pended in contravention of the ‘‘Veterans Health Adminis8 tration Clinical Preventive Services Guidance Statement 

9 on the Veterans Health Administration’s Screening for 

10 Breast Cancer Guidance’’ published on May 10, 2017, as 

11 issued by the Veterans Health Administration National 

12 Center for Health Promotion and Disease Prevention. 

13 SEC. 234. (a) Notwithstanding any other provision 

14 of law, the amounts appropriated or otherwise made avail15 able to the Department of Veterans Affairs for the ‘‘Med16 ical Services’’ account may be used to provide— 

17 (1) fertility counseling and treatment using as18 sisted reproductive technology to a covered veteran 

19 or the spouse of a covered veteran; or 

20 (2) adoption reimbursement to a covered vet21 eran. 

22 (b) In this section: 

23 (1) The term ‘‘service-connected’’ has the 

24 meaning given such term in section 101 of title 38, 

25 United States Code. 


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1 (2) The term ‘‘covered veteran’’ means a vet2 eran, as such term is defined in section 101 of title 

3 38, United States Code, who has a service-connected 

4 disability that results in the inability of the veteran 

5 to procreate without the use of fertility treatment. 

6 (3) The term ‘‘assisted reproductive tech7 nology’’ means benefits relating to reproductive as8 sistance provided to a member of the Armed Forces 

9 who incurs a serious injury or illness on active duty 

10 pursuant to section 1074(c)(4)(A) of title 10, United 

11 States Code, as described in the memorandum on 

12 the subject of ‘‘Policy for Assisted Reproductive 

13 Services for the Benefit of Seriously or Severely Ill/ 

14 Injured (Category II or III) Active Duty Service 

15 Members’’ issued by the Assistant Secretary of De16 fense for Health Affairs on April 3, 2012, and the 

17 guidance issued to implement such policy, including 

18 any limitations on the amount of such benefits avail19 able to such a member except that— 

20 (A) the time periods regarding embryo 

21 cryopreservation and storage set forth in part 

22 III(G) and in part IV(H) of such memorandum 

23 shall not apply; and 

24 (B) such term includes embryo 

25 cryopreservation and storage without limitation 


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1 on the duration of such cryopreservation and 

2 storage. 

3 (4) The term ‘‘adoption reimbursement’’ means 

4 reimbursement for the adoption-related expenses for 

5 an adoption that is finalized after the date of the en6 actment of this Act under the same terms as apply 

7 under the adoption reimbursement program of the 

8 Department of Defense, as authorized in Depart9 ment of Defense Instruction 1341.09, including the 

10 reimbursement limits and requirements set forth in 

11 such instruction. 

12 (c) Amounts made available for the purposes speci13 fied in subsection (a) of this section are subject to the 

14 requirements for funds contained in section 508 of division 

15 H of the Consolidated Appropriations Act, 2018 (Public 

16 Law 115–141). 

17 SEC. 235. None of the funds appropriated or other18 wise made available by this Act or any other Act for the 

19 Department of Veterans Affairs may be used in a manner 

20 that is inconsistent with: (1) section 842 of the Transpor21 tation, Treasury, Housing and Urban Development, the 

22 Judiciary, the District of Columbia, and Independent 

23 Agencies Appropriations Act, 2006 (Public Law 109–115; 

24 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, 

25 United States Code. 


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1 SEC. 236. None of the funds appropriated in this or 

2 prior appropriations Acts or otherwise made available to 

3 the Department of Veterans Affairs may be used to trans4 fer any amounts from the Filipino Veterans Equity Com5 pensation Fund to any other account within the Depart6 ment of Veterans Affairs. 

7 SEC. 237. None of the funds appropriated or other8 wise made available by this Act may be used to conduct 

9 research using canines unless: the scientific objectives of 

10 the study can only be met by research with canines; the 

11 study has been directly approved by the Secretary; and 

12 the study is consistent with the revised Department of 

13 Veterans Affairs canine research policy document released 

14 on December 18, 2017: Provided, That not later than 180 

15 days after enactment of this Act, the Secretary shall sub16 mit to the Committees on Appropriations of both Houses 

17 of Congress a detailed report outlining under what cir18 cumstances canine research may be needed if there are 

19 no other alternatives, how often it was used during that 

20 time period, and what protocols are in place to determine 

21 both the safety and efficacy of the research. 

22 SEC. 238. For an additional amount for the Depart23 ment of Veterans Affairs, $2,000,000,000 to remain avail24 able until expended, for infrastructure improvements, in25 cluding new construction, and in addition to amounts othVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 erwise made available in this Act for such purpose, of 

2 which: 

3 (1) $750,000,000 shall be available for seismic 

4 improvement projects and seismic program manage5 ment activities, including projects that would other6 wise be funded by the Construction, Major Projects, 

7 the Construction, Minor Projects, Medical Facilities, 

8 or National Cemetery Administration accounts; 

9 (2) $100,000,000 shall be for National Ceme10 tery Administration projects within ‘‘Department 

11 Administration - Construction, Major Projects’’; 

12 (3) $800,000,000 shall be for ‘‘Veterans Health 

13 Administration—Medical Facilities’’ to be used for 

14 non-recurring maintenance; and 

15 (4) $350,000,000 shall be for ‘‘Departmental 

16 Administration—Construction, Minor Projects’’; 

17 Provided, That the additional amounts appropriated for 

18 the purposes of non-recurring maintenance and minor con19 struction may be used to carry out critical life-safety 

20 projects identified in the Department’s annual facility con21 dition assessments; sustainment projects; modernization 

22 projects; infrastructure repair; renovations at existing Vet23 erans Health Administration medical centers and out24 patient clinics; and projects included in the Strategic Cap25 ital Investment Process plan: Provided further, That notVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 withstanding the requirements of section 8104(a) of title 

2 38, United States Code, amounts made available under 

3 this heading for seismic improvement projects and seismic 

4 program management activities shall be available for the 

5 completion of both new and existing projects of the De6 partment: Provided further, That the additional amounts 

7 appropriated under this section may not be obligated or 

8 expended until the Secretary of Veterans Affairs submits 

9 to the Committees on Appropriations of both Houses of 

10 Congress, and such Committees approve, a detailed ex11 penditure plan, including project descriptions and costs, 

12 for any non-recurring maintenance, major construction or 

13 minor construction project being funded with the addi14 tional amounts made available in this section. 

15 TITLE III 

16 RELATED AGENCIES 

17 AMERICAN BATTLE MONUMENTS COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses, not otherwise provided for, 

20 of the American Battle Monuments Commission, including 

21 the acquisition of land or interest in land in foreign coun22 tries; purchases and repair of uniforms for caretakers of 

23 national cemeteries and monuments outside of the United 

24 States and its territories and possessions; rent of office 

25 and garage space in foreign countries; purchase (one-forVerDate Sep 11 2014 22:32 May 11, 2018 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H5786.RH H5786

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1 one replacement basis only) and hire of passenger motor 

2 vehicles; not to exceed $42,000 for official reception and 

3 representation expenses; and insurance of official motor 

4 vehicles in foreign countries, when required by law of such 

5 countries, $75,100,000, to remain available until ex6 pended. 

7 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

8 For necessary expenses, not otherwise provided for, 

9 of the American Battle Monuments Commission, such 

10 sums as may be necessary, to remain available until ex11 pended, for purposes authorized by section 2109 of title 

12 36, United States Code. 

13 UNITED STATES COURT OF APPEALS FOR VETERANS

14 CLAIMS

15 SALARIES AND EXPENSES

16 For necessary expenses for the operation of the 

17 United States Court of Appeals for Veterans Claims as 

18 authorized by sections 7251 through 7298 of title 38, 

19 United States Code, $33,600,000: Provided , That 

20 $2,580,000 shall be available for the purpose of providing 

21 financial assistance as described and in accordance with 

22 the process and reporting procedures set forth under this 

23 heading in Public Law 102–229. 


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1 DEPARTMENT OF DEFENSE—CIVIL

2 CEMETERIAL EXPENSES, ARMY

3 SALARIES AND EXPENSES

4 For necessary expenses for maintenance, operation, 

5 and improvement of Arlington National Cemetery and Sol6 diers’ and Airmen’s Home National Cemetery, including 

7 the purchase or lease of passenger motor vehicles for re8 placement on a one-for-one basis only, and not to exceed 

9 $1,000 for official reception and representation expenses, 

10 $70,800,000, of which not to exceed $15,000,000 shall re11 main available until September 30, 2021. In addition, 

12 such sums as may be necessary for parking maintenance, 

13 repairs and replacement, to be derived from the ‘‘Lease 

14 of Department of Defense Real Property for Defense 

15 Agencies’’ account. 

16 CONSTRUCTION

17 For necessary expenses for planning and design and 

18 construction at Arlington National Cemetery and Soldiers’ 

19 and Airmen’s Home National Cemetery, $73,855,000, to 

20 remain available until expended, for planning and design 

21 and construction associated with the Southern Expansion 

22 project at Arlington National Cemetery. 


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1 ARMED FORCES RETIREMENT HOME

2 TRUST FUND

3 For expenses necessary for the Armed Forces Retire4 ment Home to operate and maintain the Armed Forces 

5 Retirement Home—Washington, District of Columbia, 

6 and the Armed Forces Retirement Home—Gulfport, Mis7 sissippi, to be paid from funds available in the Armed 

8 Forces Retirement Home Trust Fund, $64,300,000, of 

9 which $1,000,000 shall remain available until expended 

10 for construction and renovation of the physical plants at 

11 the Armed Forces Retirement Home—Washington, Dis12 trict of Columbia, and the Armed Forces Retirement 

13 Home—Gulfport, Mississippi: Provided, That of the 

14 amounts made available under this heading from funds 

15 available in the Armed Forces Retirement Home Trust 

16 Fund, $22,000,000 shall be paid from the general fund 

17 of the Treasury to the Trust Fund. 

18 ADMINISTRATIVE PROVISION

19 SEC. 301. Amounts deposited into the special account 

20 established under 10 U.S.C. 4727 are appropriated and 

21 shall be available until expended to support activities at 

22 the Army National Military Cemeteries. 


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1 TITLE IV 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 DEPARTMENT OF DEFENSE 

4 MILITARY CONSTRUCTION, ARMY

5 For an additional amount for ‘‘Military Construction, 

6 Army’’, $261,250,000, to remain available until Sep7 tember 30, 2023, for projects outside of the United States: 

8 Provided, That such amount is designated by the Congress 

9 for Overseas Contingency Operations/Global War on Ter10 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985: 

12 Provided further, That none of the funds made available 

13 under this heading shall be for construction of the High 

14 Value Detention Facility, Guantanamo Bay, Cuba, unless 

15 authorized in an Act authorizing appropriations for fiscal 

16 year 2019 for military construction. 

17 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

18 For an additional amount for ‘‘Military Construction, 

19 Navy and Marine Corps’’, $227,320,000, to remain avail20 able until September 30, 2023, for projects outside of the 

21 United States: Provided, That such amount is designated 

22 by the Congress for Overseas Contingency Operations/ 

23 Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 MILITARY CONSTRUCTION, AIR FORCE

2 For an additional amount for ‘‘Military Construction, 

3 Air Force’’ $345,800,000, to remain available until Sep4 tember 30, 2023, for projects outside of the United States: 

5 Provided, That such amount is designated by the Congress 

6 for Overseas Contingency Operations/Global War on Ter7 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985. 

9 MILITARY CONSTRUCTION, DEFENSE-WIDE

10 For an additional amount for ‘‘Military Construction, 

11 Defense-Wide’’, $87,050,000, to remain available until 

12 September 30, 2023, for projects outside of the United 

13 States: Provided, That such amount is designated by the 

14 Congress for Overseas Contingency Operations/Global 

15 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

16 the Balanced Budget and Emergency Deficit Control Act 

17 of 1985. 

18 ADMINISTRATIVE PROVISIONS

19 SEC. 401. Each amount designated in this Act by the 

20 Congress for Overseas Contingency Operations/Global 

21 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

22 the Balanced Budget and Emergency Deficit Control Act 

23 of 1985 shall be available only if the President subse24 quently so designates all such amounts and transmits such 

25 designations to the Congress. 


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1 SEC. 402. None of the funds appropriated for mili2 tary construction projects outside the United States under 

3 this title may be obligated or expended for planning and 

4 design of any project associated with the European Deter5 rence Initiative until the Secretary of Defense submits to 

6 the congressional defense committees a list of all of the 

7 military construction projects associated with the Euro8 pean Deterrence Initiative which the Secretary acticipates 

9 will be carried out during each of the fiscal years 2019 

10 through 2023. 

11 TITLE V 

12 GENERAL PROVISIONS 

13 SEC. 501. No part of any appropriation contained in 

14 this Act shall remain available for obligation beyond the 

15 current fiscal year unless expressly so provided herein. 

16 SEC. 502. None of the funds made available in this 

17 Act may be used for any program, project, or activity, 

18 when it is made known to the Federal entity or official 

19 to which the funds are made available that the program, 

20 project, or activity is not in compliance with any Federal 

21 law relating to risk assessment, the protection of private 

22 property rights, or unfunded mandates. 

23 SEC. 503. All departments and agencies funded under 

24 this Act are encouraged, within the limits of the existing 

25 statutory authorities and funding, to expand their use of 


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1 ‘‘E–Commerce’’ technologies and procedures in the con2 duct of their business practices and public service activi3 ties. 

4 SEC. 504. Unless stated otherwise, all reports and no5 tifications required by this Act shall be submitted to the 

6 Subcommittee on Military Construction and Veterans Af7 fairs, and Related Agencies of the Committee on Appro8 priations of the House of Representatives and the Sub9 committee on Military Construction and Veterans Affairs, 

10 and Related Agencies of the Committee on Appropriations 

11 of the Senate. 

12 SEC. 505. None of the funds made available in this 

13 Act may be transferred to any department, agency, or in14 strumentality of the United States Government except 

15 pursuant to a transfer made by, or transfer authority pro16 vided in, this or any other appropriations Act. 

17 SEC. 506. None of the funds made available in this 

18 Act may be used for a project or program named for an 

19 individual serving as a Member, Delegate, or Resident 

20 Commissioner of the United States House of Representa21 tives. 

22 SEC. 507. (a) Any agency receiving funds made avail23 able in this Act, shall, subject to subsections (b) and (c), 

24 post on the public Web site of that agency any report re25 quired to be submitted by the Congress in this or any 


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1 other Act, upon the determination by the head of the agen2 cy that it shall serve the national interest. 

3 (b) Subsection (a) shall not apply to a report if— 

4 (1) the public posting of the report com5 promises national security; or 

6 (2) the report contains confidential or propri7 etary information. 

8 (c) The head of the agency posting such report shall 

9 do so only after such report has been made available to 

10 the requesting Committee or Committees of Congress for 

11 no less than 45 days. 

12 SEC. 508. (a) None of the funds made available in 

13 this Act may be used to maintain or establish a computer 

14 network unless such network blocks the viewing, 

15 downloading, and exchanging of pornography. 

16 (b) Nothing in subsection (a) shall limit the use of 

17 funds necessary for any Federal, State, tribal, or local law 

18 enforcement agency or any other entity carrying out crimi19 nal investigations, prosecution, or adjudication activities. 

20 SEC. 509. None of the funds made available in this 

21 Act may be used by an agency of the executive branch 

22 to pay for first-class travel by an employee of the agency 

23 in contravention of sections 301–10.122 through 301– 

24 10.124 of title 41, Code of Federal Regulations. 


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1 SEC. 510. None of the funds made available in this 

2 Act may be used to execute a contract for goods or serv3 ices, including construction services, where the contractor 

4 has not complied with Executive Order No. 12989. 

5 SEC. 511. None of the funds made available by this 

6 Act may be used by the Department of Defense or the 

7 Department of Veterans Affairs to lease or purchase new 

8 light duty vehicles for any executive fleet, or for an agen9 cy’s fleet inventory, except in accordance with Presidential 

10 Memorandum—Federal Fleet Performance, dated May 

11 24, 2011. 

12 SEC. 512. (a) IN GENERAL.—None of the funds ap13 propriated or otherwise made available to the Department 

14 of Defense in this Act may be used to construct, renovate, 

15 or expand any facility in the United States, its territories, 

16 or possessions to house any individual detained at United 

17 States Naval Station, Guanta ́namo Bay, Cuba, for the 

18 purposes of detention or imprisonment in the custody or 

19 under the control of the Department of Defense. 

20 (b) The prohibition in subsection (a) shall not apply 

21 to any modification of facilities at United States Naval 

22 Station, Guanta ́namo Bay, Cuba. 

23 (c) An individual described in this subsection is any 

24 individual who, as of June 24, 2009, is located at United 

25 States Naval Station, Guanta ́namo Bay, Cuba, and who— 


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1 (1) is not a citizen of the United States or a 

2 member of the Armed Forces of the United States; 

3 and 

4 (2) is— 

5 (A) in the custody or under the effective 

6 control of the Department of Defense; or 

7 (B) otherwise under detention at United 

8 States Naval Station, Guanta ́namo Bay, Cuba. 

9 SPENDING REDUCTION ACCOUNT

10 SEC. 513. $0 

11 This Act may be cited as the ‘‘Military Construction, 

12 Veterans Affairs, and Related Agencies Appropriations 

13 Act, 2019’’. 


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Union Calendar No. 518 

115TH CONGRESS 

2D SESSION H. R. 5786 

[Report No. 115–673] 

A BILL 

Making appropriations for military construction, 

2019, and for other purposes. agencies for the fiscal year ending September 30, the Department of Veterans Affairs, and related 

MAY 11, 2018 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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