House Appropriations Committee Issues Report on Military Construction, VA, Related Agencies Appropriations Bill (Part 6 of 6)

WASHINGTON, May 20 -- The House Appropriations Committee issued a report (H.Rpt. 116-63) on legislation (H.R. 2745) in explanation of the accompanying bill making appropriations for military construction, the Department of Veterans Affairs and related agencies for the fiscal ending Sept. 30, 2020. The report was advanced by Rep. Debbie Wasserman Schultz, D-Florida, on May 15.

Continues from Part 5 of 6

GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

Fiscal year 2019 enacted level........................ $45,000,000

Fiscal year 2020 budget request....................... 45,000,000

Committee recommendation in the bill.................. 45,000,000

Comparison with:

Fiscal year 2019 enacted level.................... - - -

Fiscal year 2020 budget request................... - - -

This program provides grants to assist States and tribal governments with the establishment, expansion, and improvement of Veterans' cemeteries that are operated and permanently maintained by the States and tribal governments. Grants under this program fund up to 100 percent of construction costs and the initial equipment expenses when the cemetery is established. State and tribal governments remain responsible for providing the land and for paying all costs related to the operation and maintenance of the State cemeteries, including the costs for subsequent equipment purchases. The bill makes this funding available until expended.

Administrative Provisions

The bill includes 52 administrative provisions, of which 47 were in effect in fiscal year 2019 in some form and 5 are new provisions. The administrative provisions included in the bill are as follows:

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 201 allowing for the transfer of funds among three mandatory appropriations. The Administration proposal to modify this provision is not adopted.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 202 allowing the Department to transfer funding among the four medical appropriations accounts in fiscal year 2020. The Administration proposal to modify this provision is not adopted.

The bill includes section 203 allowing for salaries and expenses funds to be used for hire of passenger vehicles, lease of facilities or land, and purchase of uniforms.

The bill includes section 204 providing that only funding in "Construction, Major Projects" and "Construction, Minor Projects" can be used for the purchase of any site for any new hospital or home or to construct any new hospital or home.

The bill includes section 205 requiring the Department to be reimbursed for medical services it provides to any person not defined as a beneficiary to ensure the Department is receiving payment for all medical services provided.

The bill includes section 206 allowing for the use of funds appropriated in fiscal year 2020 for "Compensation and Pensions", "Readjustment Benefits", and "Veterans Insurance and Indemnities" for payment of accrued obligations recorded in the last quarter of fiscal year 2019.

The bill includes section 207 allowing for the use of fiscal year 2020 funds to pay prior year obligations resulting from implementation of sections 3328(a), 3334, and 3712(a) of title 31, United States Code.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 208 allowing the Department to use surplus earnings from the national service life insurance, U.S. Government life insurance, and Veterans' special life insurance program to administer these programs.

The bill includes section 209 allowing the Department to obligate enhanced-use lease proceeds for administrative expenses that were incurred in a prior fiscal year during the year funds are received.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 210 limiting the amount of reimbursement the Office of Resolution Management, the Office of Employment Discrimination Complaint Adjudication, and the Office of Diversity and Inclusion can charge other offices and accounts of the Department for services provided.

The bill includes section 211 requiring the Department to collect current and accurate third-party reimbursement information for the purposes of third-party insurance collections. If persons receiving care or medical services do not disclose this information, the Department is allowed to bill them reasonable charges for services provided.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 212 allowing the Department to use enhanced-use lease funds for construction and alteration of medical facilities.

The bill includes section 213 allowing the Department to use the Medical Services appropriation for expenses related to the broader mission of medical care to Veterans.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 214 allowing the Department to transfer Medical Care Collections to the "Medical Services" and "Medical Community Care" accounts to be used for Veterans medical care and makes those funds available until expended.

The bill includes section 215 allowing Veterans who reside in Alaska to obtain medical services from medical facilities supported by the Indian Health Service or tribal organizations, and provides for reimbursement for those services from VA.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 216 allowing the Department to transfer the proceeds received from the transfer of real property deposited into the VA Capital Asset Fund to the Major and Minor Construction appropriations accounts and makes those funds available until expended.

The bill includes section 217 requiring the Secretary to submit quarterly reports to the Committees on Appropriations of both Houses of Congress on the financial status of the Veterans Health Administration.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 218 prohibiting the Department from increasing total resources of the Information Technology appropriation by more than ten percent by transferring funding from the other VA accounts and requires the Department to receive approval from the Committees on Appropriations of both Houses of Congress before such transfer. The Administration proposal to modify this provision is not adopted.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 219 providing up to $314,409,000 of fiscal year 2020 funds for transfer to the Joint DOD-VA Medical Facility Demonstration Fund. Additional funding may be transferred from these accounts upon written notification to the Committees on Appropriations of both Houses of Congress.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 220 permitting the transfer of $322,931,000 of fiscal year 2020 funding appropriated for medical accounts to the Joint DOD-VA Medical Facility Demonstration Fund for the operation of facilities designated as combined Federal medical facilities.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 221 permitting the transfer of funds deposited in the Medical Care Collections Fund to the Joint DOD-VA Medical Facility Demonstration Fund for facilities designated as combined federal medical facilities.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 222 directing that a minimum of $15,000,000 shall be transferred from the four medical care appropriations to the Department of Defense/Department of Veterans Affairs Health Care Sharing Incentive Fund, to be available until expended.

The bill includes section 223 requiring the Secretary to notify the Committees on Appropriations of both Houses of Congress of all bid savings when identified in Major Construction projects that total at least $5,000,000 or five percent of the programmed amount of the project. The Administration proposal to delete this provision is not adopted.

The bill includes section 224 prohibiting the original scope of work for a Major Construction project from being increased above the scope specified for that project in the original justification data provided to Congress unless approved by the Committees on Appropriations of both Houses of Congress. The Administration proposal to delete this provision is not adopted.

The bill includes section 225 requiring a quarterly report from each VBA regional office on pending disability claims, both initial and supplemental; error rates; the number of claims processing personnel; corrective actions taken; training programs; and review team audit results. In addition, the bill requires quarterly reporting on pending appeals at VBA, as well as BVA. The Administration proposal to delete this provision is not adopted.

The bill includes section 226 requiring advance written notification to the Committees on Appropriations of both Houses of Congress 15 days prior to organizational changes which result in the transfer of 25 or more full-time equivalent staff from one organizational unit to another. The Administration proposal to delete this provision is not adopted.

The bill includes section 227 requiring the Secretary to provide, on a quarterly basis to the Committees on Appropriations of both Houses of Congress, notification of any single national outreach and awareness marketing campaign in which obligations exceed $1,000,000. The Administration proposal to delete this provision is not adopted.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 228 permitting the transfer to "Medical Services" from any discretionary program except "General Operating Expenses, Veterans Benefits Administration" upon approval of the Committees on Appropriations of both Houses of Congress. This provision is intended to give VA flexibility as it administers the changes to its traditional healthcare program and the MISSION Act. The budget request to modify this provision is not adopted.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 229 permitting the transfer of funds between the "Board of Veterans Appeals" and "General Operating Expenses, Veterans Benefits Administration" upon approval of the Appropriations Committees on Appropriations of both Houses of Congress. The budget request to modify this provision is not adopted.

The bill includes section 230 prohibiting the reprogramming of funds exceeding $7,000,000 among the Major Construction projects unless the Committees on Appropriations of both Houses of Congress approve the request. The Administration proposal to delete this provision is not adopted.

The bill includes section 231 requiring the Secretary to ensure that the toll-free suicide hotline provides immediate assistance from a trained professional and adheres to all requirements of the American Association of Suicidology. The Administration request to delete this provision is not adopted.

The bill includes section 232 restricting funds from being used to close certain medical facilities in the absence of a national realignment strategy. The Administration request to delete this provision is not adopted.

The bill includes section 233 requiring VA to use the mammography screening guidelines announced by the Secretary on May 10, 2017 through January 1, 2024. The Administration request to delete this provision is not adopted.

The bill includes section 234 permanently allowing the use of Medical Services funding for assisted reproductive technology treatment and adoption reimbursement for Veterans and their spouses if the Veteran has a service-connected disability that results in being unable to procreate without such fertility treatment.

The bill includes section 235 prohibiting any funds from being used in a manner that is inconsistent with statutory limitations on outsourcing.

The bill includes section 236 pertaining to exceptions for Indian- or Native Hawaiian-owned businesses contracting with VA. The Administration request to delete this provision is not adopted.

The bill includes section 237 directing the elimination over a series of years of the use of Social Security numbers in VA programs. The Administration request to delete this provision is not adopted.

The bill includes section 238 referencing the provision in the Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act (P.L. 114-223) pertaining to certification of marriage and family therapists. The Administration request to delete this provision is not adopted.

The bill includes section 239 which prohibits funds from being used to transfer funding from the Filipino Veterans Equity Compensation Fund to any other VA account. The Administration request to delete this provision is not adopted.

The bill includes section 240 permitting funding to be used in fiscal years 2020 and 2021 to carry out and expand the childcare pilot program authorized by section 205 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (P.L. 111-163).

The bill includes section 241 prohibiting VA from using funds to enter into an agreement to resolve a dispute or claim with an individual that would restrict the individual from speaking to Members of Congress or their staff on any topic, except those required to be kept secret in the interest of national defense or the conduct of foreign affairs. The Administration request to delete this provision is not adopted.

The bill includes section 242 referencing language in the Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act (P.L. 114-223) requiring certain data to be included in budget justifications for major construction projects. The Administration request to delete this provision is not adopted.

The bill includes section 243 providing $1,000,000,000 to be available until expended for VA infrastructure needs, of which $850,000,000 is for seismic improvement projects and seismic management activities and $150,000,000 is for Minor Construction. This funding is not made available until VA provides and the Committees on Appropriations of both Houses of Congress approve a detailed expenditure plan.

The bill includes section 244 prohibiting the use of funds to deny the Inspector General timely access to information, unless a provision of law expressly refers to the Inspector General and expressly limits such access. The Administration request to delete this provision is not adopted.

The bill includes section 245 prohibiting funding from being used in a manner that would increase wait times for Veterans at medical facilities. The Administration request to delete this provision is not adopted.

The bill includes section 246 prohibiting the use of funds in fiscal year 2020 to convert any program that received specific purpose funds in fiscal year 2019 to a general purpose-funded program without the approval of the Committees on Appropriations of both Houses of Congress at least 30 days prior to any such action. The Administration request to delete this provision is not adopted.

The bill includes section 247 eliminating category D or E pain testing on dogs.

The bill includes section 248 prohibiting the closure of the CBOC in Bainbridge, New York until the Secretary submits a completed market area assessment to the Committees on Appropriations of both Houses of Congress.

The bill includes section 249 requiring the Department to update the Planning and Activating CBOC handbook every five years and provide guidance and training to employees on each update of the handbook.

(INCLUDING RESCISSION OF FUNDS)

The bill includes section 250 rescinding $70,000,000 of unobligated fiscal year 2019 funding for the Veterans Electronic Health Record account.

The bill includes section 251 extending the VSO wellness pilot program authorized in section 252 of the Consolidated Appropriations Act, 2018 (P.L. 155-141) until 2022.

TITLE III

RELATED AGENCIES

Funds under Title III support the agencies that honor and respect the service of our Nation's heroes. Though it may be a smaller title of the bill, the agencies funded under Title III are the public face of America's commitment to our servicemembers and Veterans. The American Battle Monuments Commission and Arlington Cemetery commemorate those who made the ultimate sacrifice, while the Armed Forces Retirement Home and the United States Court of Appeals for Veterans Claims are critical parts of keeping our promise to serve those who served our Nation.

The Committee is disappointed that these agencies are kept largely flat funded in their requests by the Office of Management and Budget (OMB), despite the very real needs of these agencies. The Committee expects OMB to provide budget requests that properly reflect the needs of these agencies, not to shortchange these critical agencies under the guise of fiscal responsibility.

American Battle Monuments Commission

SALARIES AND EXPENSES

The recommendation includes $104,000,000 for Salaries and Expenses of the ABMC, an increase of $28,900,000 above the request to support ABMC's unfunded requirements for high- priority projects.

The Committee notes the significant maintenance needs of the American Battle Monuments around the world, which are specifically designed to honor our fallen servicemembers. The Committee directs ABMC to emphasize maintaining and repairing these monuments and memorials in a proactive and timely manner that honors the service, achievements, and sacrifices of the United States Armed Forces.

World War I Memorial Preservation.--The Committee supports the preservation and rehabilitation of World War I memorials across the country and in Europe to honor the more than four million men and women who bravely served the United States and fought to preserve our freedom.

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

The recommendation includes such sums as necessary for the Foreign Currency Fluctuations Account.

United States Court of Appeals for Veterans Claims

SALARIES AND EXPENSES

The recommendation includes $35,400,000 for Salaries and Expenses for the United States Court of Appeals for Veterans Claims (the Court). The Consolidated Appropriations Act, 2018 (P.L. 115-141) included bill language requiring a feasibility study before the purchase of a new courthouse. The study has not been completed, and the Committee does not support the Court using the requested fiscal year 2020 funds for this purpose. Instead, the Committee directs the Court to use the $800,000 to address its growing caseload.

Caseload.--The Committee is concerned about indications of a growing caseload at the Court, particularly as the Court has now received authority to hear class action litigation. While reforms have recently been enacted that may slow this increase, the Committee acknowledges that the Court may need additional resources in the future, potentially including additional judges, to meet the caseload needs.

Department of Defense Civil Cemeterial Expenses, Army

SALARIES AND EXPENSES

The recommendation includes $80,800,000 for Salaries and Expenses for Arlington National Cemetery (the Cemetery), which is $10,000,000 above the fiscal year 2020 budget request. The Committee has provided this additional $10,000,000 to maintain current services, as was previously identified as a need during the fiscal year 2019 cycle.

CONSTRUCTION

The recommendation includes $131,000,000 for planning and design and construction of Southern Expansion to remain available until expended.

Southern Expansion.--The recommendation includes $131,000,000 for planning and design and construction of Southern Expansion to remain available until expended. This will complete the anticipated $350,000,000 cost of the Southern Expansion and road realignments to extend the life of the cemetery. The Committee provides this funding to ensure that the life of our Nation's most prestigious cemetery is extended into the 2050 timeframe.

Updated Interment Policy.--The Committee notes that the National Defense Authorization Act for Fiscal Year 2019 (P.L. 115-232) required the Secretary of the Army to revise criteria for interment at Arlington National Cemetery to preserve the Cemetery as an active burial ground well into the future. The Committee understands that the Secretary is currently reviewing proposals and notes that it will be following closely to ensure that the Cemetery can continue to live up to its mission to honor those who have served.

Armed Forces Retirement Home

TRUST FUND

The recommendation includes $70,300,000 for the Armed Forces Retirement Home (AFRH), an increase of $6,000,000 above the requested amount, although $22,000,000 of the total is provided from the general fund of the Treasury, and not the Trust Fund. The Committee provides this increase to keep pace with anticipated personnel costs and contract cost inflation, as well as to support urgently needed capital maintenance and other improvements, in particular, infrastructure related to the health and safety of AFRH residents. The Committee understands that deferred maintenance projects are in critical need of attention, and provides this funding as a clear statement of priorities for future budget requests.

General Fund.--The Committee has previously expressed concern about the use of the General Fund to support the work of AFRH. The Committee is pleased that efforts are underway to increase revenues and stabilize the AFRH Trust Fund for the long term, and directs AFRH to continue to make progress in this area and report to the Committee on its further initiatives to improve sustainability and maintain the high- quality services provided to AFRH residents.

Land Redevelopment.--The Committee understands that AFRH has issued a request for proposals to redevelop the 80-acre master planned parcel on the Washington campus, and looks forward to seeing the selection process conducted in a fair, open, and transparent manner without undue outside influence. AFRH is directed to report to the Committee on the status of the selection process and resulting lease negotiations.

Administrative Provision

The bill includes one provision that was in effect in fiscal year 2019. The administrative provision included in the bill is as follows:

The bill includes section 301 permitting funds from concessions at Army National Military Cemeteries to be used to support activities at the Cemeteries.

TITLE IV

OVERSEAS CONTINGENCY OPERATIONS

Department of Defense

Fiscal year 2019 enacted level........................ $921,000,000

Fiscal year 2020 budget request....................... 9,844,526,000

Committee recommendation in the bill.................. 921,000,000

Comparison with:

Fiscal year 2019 enacted level.................... - - -

Fiscal year 2020 budget request................... (8,923,526,000)

The recommendation includes Overseas Contingency Operations for military construction projects and planning and design related to the European Deterrence Initiative (EDI).

Military Construction, Army

The recommendation includes $156,860,000 for Army military construction and planning and design for Overseas Contingency Operations and European Deterrence Initiative projects.

The recommendation does not include $88,500,000 as requested for the High-Value Detention Facility replacement at Guantanamo Bay, Cuba.

The recommendation does not include $7,200,000,000 for a border wall as requested by the Administration.

Military Construction, Navy and Marine Corps

The recommendation includes $281,576,000 for Navy and Marine Corps military construction and planning and design for European Deterrence Initiative projects.

Military Construction, Air Force

The recommendation includes $436,564,000 for Air Force military construction and planning and design for European Deterrence Initiative projects.

Military Construction, Defense-Wide

The recommendation includes $46,000,000 for Defense-Wide Overseas Contingency Operations and planning and design for European Deterrence Initiative projects.

Administrative Provision

The bill includes one provision that was in effect in fiscal year 2019.

The bill includes section 401 that designates that funding shall be available only if the President so designates all amounts and transmits such designations to Congress.

TITLE V

NATURAL DISASTER RELIEF

Department of Defense

Fiscal year 2019 enacted level................. - - -

Fiscal year 2020 budget request................ $9,200,000,000

Committee recommendation in the bill........... 2,300,000,000

Comparison with:

Fiscal year 2019 enacted level............. 2,300,000,000

Fiscal year 2020 budget request............ (6,900,000,000)

Military Construction, Navy and Marine Corps

The recommendation includes $1,035,948,000 for Navy and Marine Corps military construction and planning and design for damages related to Hurricanes Florence and Michael.

Military Construction, Air Force

The recommendation includes $1,035,752,000 for Air Force military construction and planning and design for damages related to Hurricanes Florence and Michael and 2019 flood.

Military Construction, Army National Guard

The recommendation includes $50,000,000 for Army National Guard military construction and planning and design for damages related to Hurricanes Florence and Michael.

Military Construction, Army Reserve

The recommendation includes $3,300,000 for Army Reserve military construction and planning and design for damages related to Hurricanes Florence and Michael.

Administrative Provision

The bill includes one new Administrative Provision.

The bill includes section 501 that designates that funding shall be available only if the President so designates all amounts and transmits such designation to Congress and requires a spend plan.

TITLE VI

GENERAL PROVISIONS

The bill includes a total of 14 provisions: 11 provisions that are effective in fiscal year 2019:

The bill includes section 601 prohibiting the obligation of funds beyond the current fiscal year unless expressly so provided.

The bill includes section 602 prohibiting the use of funds for programs, projects or activities not in compliance with Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates.

The bill includes section 603 encouraging all departments and agencies funded in this Act to expand the use of "E- Commerce" technologies and procedures.

The bill includes section 604 specifying the Congressional committees that are to receive all reports and notifications.

The bill includes section 605 prohibiting the transfer of funds to any instrumentality of the United States Government without authority from an appropriations Act.

The bill includes section 606 prohibiting any funds in this Act to be used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the United States House of Representatives.

The bill includes section 607 requiring all reports submitted to the Congress to be posted on official websites of the submitting agency.

The bill includes section 608 prohibiting the use of funds to establish or maintain a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, except for law enforcement investigation, prosecution or adjudication activities.

The bill includes section 609 prohibiting the use of funds for payment of first-class travel by an employee of the executive branch.

The bill includes section 610 prohibiting the use of funds in this Act for any contract where the contractor has not complied with E-Verify requirements.

The bill includes section 611 prohibiting the use of funds in this Act by the Department of Defense or the Department of Veterans Affairs for the purchase or lease of a new vehicle except in accordance with Presidential Memorandum--Federal Fleet Performance, dated May 24, 2011.

The bill includes section 612 prohibiting the use of funds in this Act and previous Acts for the construction of a wall, barrier, fence, or road along the Southern border of the United States or a road to provide access to a wall, barrier, or fence constructed along the Southern border of the United States.

The bill includes section 613 prohibiting childcare centers, agencies, or providers to employ an individual convicted of a sex offense, an offense involving a child victim, or a violent crime.

The bill includes section 614 prohibiting funds to be used to replace or diminish the quality of care provided by the TRICARE program.

House of Representatives Report Requirements

The following items are included in accordance with various requirements of the Rules of the House of Representatives.

Statement of General Performance Goals and Objectives

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding:

The Committee on Appropriations considers program performance, including a program's success in developing and attaining outcome-related goals and objectives, in developing funding recommendations.

Rescissions

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, the following table lists the rescissions in the accompanying bill:

Department/Activity

AMOUNTS RECOMMENDED FOR RESCISSION

Department of Defense, Military Construction, Defense-Wide (Sec. 125)...................................... $45,055,000

Department of Veterans Affairs, Departmental Administration, Veterans Electronic Health Record (Sec. 250)........................................... $70,000,000

Transfer of Funds

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, the following statements are submitted describing the transfer of funds provided in the accompanying bill.

Language is included that allows transfer of funds from "Military Construction, Defense-Wide" to other military construction accounts and family housing.

Language is included to allow for the transfer of funds from Family Housing, Construction accounts to the Department of Defense Family Housing Improvement Fund and funds from Military Construction accounts to the Department of Defense Military Unaccompanied Housing Improvement Fund.

Language is included to provide transfer authority from the BRAC account to the Homeowners Assistance Program.

Language is included to allow the transfer of expired funds to the "Foreign Currency Fluctuations, Construction, Defense" account.

Language is included to allow the transfer of funds among projects and activities in accordance with reprogramming guidelines.

Language is included to transfer not to exceed $18,147,000 in fiscal year 2021 from Compensation and Pensions to General Operating Expenses, Veterans Benefits Administration and Information Technology Systems. These funds are for the administrative costs of implementing cost-savings proposals required by the Omnibus Budget Reconciliation Act of 1990 and the Veterans' Benefits Act of 1992. Language is also included transferring funds to the medical care collections fund to augment funding of medical facilities for nursing home care provided to pensioners.

Language is included to permit the transfer of funds from General Administration to General Operating Expenses, Veterans Benefits Administration.

Language is included to permit the transfer of funds between Information Technology Systems development projects and among the three sub-accounts identified in bill language subject to the approval of the Committee.

Language is included to provide authority for the Department of Veterans Affairs for any funds appropriated in 2020 for Compensation and Pensions, Readjustment Benefits, and Veterans Insurance and Indemnities to be transferred among those three accounts.

Language is included to transfer funds among the Medical Services, Medical Community Care, Medical Support and Compliance, and Medical Facilities accounts.

Language is included to permit the funds from three life insurance funds to be transferred to General Operating Expenses, Veterans Benefits Administration and Information Technology Systems for the costs of administering such programs.

Language is included to permit funding up to $67,891,000 to be transferred to General Administration and Information Technology Systems from any funds appropriated in fiscal year 2020 to reimburse four headquarters offices for services provided.

Language is included to transfer certain funds derived from enhanced-use leasing activities to the Construction, Major Projects and Construction, Minor Projects accounts.

Language is included to transfer funds from the Medical Care Collections Fund to the Medical Services and Medical Community Care accounts.

Language is included to allow the transfer of funds from the Capital Asset Fund to the Construction, Major Projects and Construction, Minor Projects accounts.

Language is included to allow the transfer of funds from various accounts to the Information Technology Systems account in an aggregate amount not to exceed ten percent of the account appropriation, subject to approval by the Committee.

Language is included to allow the transfer of funds in fiscal year 2020 provided for the Department of Veterans Affairs to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Language is included allowing fiscal year 2021 medical care funding to be transferred to the Joint Department of Defense- Department of Veterans Affairs Medical Facility Demonstration fund.

Language is included permitting funds deposited to the Medical Care Collections Fund for healthcare provided at a combined Federal medical facility to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Language is included under the De partment of Veterans Affairs that would transfer no less than $15,000,000 for the DOD-VA Health Care Sharing Incentive Fund as authorized by section 8111(d) of title 38, United States Code.

Language is included that permits the transfer from all discretionary accounts except General Operating Expenses, Veterans Benefits Administration, to Medical Services, subject to approval by the Committee.

Language is included that permits transfer of funds between General Operating Expenses, Veterans Benefits Administration and the Board of Veterans Appeals, subject to approval by the Committee.

Disclosure of Earmarks and Congressionally Directed Spending Items

Neither the bill nor the report contains any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9 of rule XXI.

Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)

In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman):

SECTION 220 OF THE MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019

[Sec. 220. Of the amounts appropriated to the Department of Veterans Affairs which become available on October 1, 2019, for "Medical Services", "Medical Community Care", "Medical Support and Compliance", and "Medical Facilities", up to $307,609,000, plus reimbursements, may be transferred to the Joint Department of Defense--Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense--Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress.]

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TITLE 38, UNITED STATES CODE

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SECTION 252 OF THE MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

Sec. 252. [The Secretary may carry out a 2-year pilot program] During the period preceding October 1, 2022, the Secretary of Veterans Affairs may carry out a 2-year pilot program making grants to nonprofit veterans services organizations recognized by the Secretary in accordance with section 5902 of title 38, United States Code, to upgrade, through construction and repair, VSO community facilities into health and wellness centers and to promote and expand complementary and integrative wellness programs: Provided, That no single grant may exceed a total of $500,000: Provided further, That the Secretary may not provide more than 20 grants during the 2-year pilot program: Provided further, That the recipient of a grant under this section may not use the grant to purchase real estate or to carry out repair of facilities leased by the recipient or to construct facilities on property leased by the recipient: Provided further, That the Secretary ensures that the grant recipients use grant funds to construct or repair facilities located in at least 10 different geographic locations in economically depressed areas or areas designated as highly rural that are not in close proximity to Department of Veterans Affairs medical centers: Provided further, That the Secretary shall report to the Committees on Appropriations of both Houses of Congress no later than 180 days after enactment of this Act, on the grant program established under this section.

Changes in Application of Existing Law

Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the House of Representatives, the following statements are submitted describing the effect of provisions in the accompanying bill that directly or indirectly change the application of existing law.

Language is included in various parts of the bill to continue on-going activities that require annual authorization or additional legislation, which to date have not been enacted.

Language is included in various parts of the bill to place limitations on the use of funds in the bill or change existing limitations and which might, under some circumstances, be construed as changing the application of existing law.

Language is included in various parts of the bill to allow the Secretary of Defense to exceed certain limitations upon notification to the Committee.

Language is included in various parts of the bill to allow funding to be used for official reception and representation expenses.

Language is included in various parts of the bill to enable various appropriations to remain available for more than one year for some programs for which the basic authority legislation does not presently authorize such extended availability.

Language is included in various parts of the bill to permit the transfer of funds to other accounts.

Language is included under Title I to prohibit payments for cost-plus-a-fixed-fee contracts under certain circumstances.

Language is included in various parts of the bill to allow funds to be used for the hire of passenger motor vehicles.

Language is included under Title I to allow advances to the Federal Highway Administration, Department of Transportation under certain circumstances.

Language is included under Title I to prohibit the use of funds to begin construction of new bases without specific appropriations.

Language is included under Title I to prohibit the use of funds for purchase of land or land easements under certain circumstances.

Language is included under Title I to prohibit the use of funds for land acquisition, site preparation, and utility installation for family housing unless funds have been made available in annual appropriations Acts.

Language is included under Title I to prohibit the use of minor construction funds to transfer an activity between installations without prior notification.

Language is included under Title I to prohibit the use of funds for the procurement of steel for any activity if American steel producers have been denied the opportunity to compete for such steel procurements.

Language is included under Title I to prohibit the use of funds to pay real property taxes in any foreign nation.

Language is included under Title I to prohibit the use of funds to initiate a new installation overseas without prior notification.

Language is included under Title I to limit the use of funds for architect and engineer contracts under certain circumstances.

Language is included under Title I to limit the use of funds for awarding contracts to foreign contractors under certain circumstances.

Language is included under Title I to require the Department of Defense to notify the appropriate committees of Congress of any proposed military exercises under certain circumstances.

Language is included under Title I to allow prior year construction funding to be available for currently authorized projects.

Language is included under Title I t o allow payment for the cost associated with supervision, inspection, overhead, engineering and design on family housing or military construction projects that are being completed with expired or lapsed funds.

Language is included under Title I to allow funds to be expended on military construction projects for four fiscal years after enactment under certain circumstances.

Language is included under Title I to allow construction funds to be transferred to Housing Improvement Funds.

Language is included under Title I to allow for the transfer of BRAC funds to the Homeowners Assistance Program.

Language is included under Title I to limit funds for the operation and maintenance of family housing to those provided in this appropriation and to limit amounts expended on repairs of general and flag officer quarters under certain circumstances.

Language is included under Title I to a llow funds in the Ford Island Improvement Account to be available until expended for certain purposes.

Language is included under Title I to allow for the transfer of expired funding to the Foreign Currency Fluctuation Account under certain circumstances.

Language is included under Title I to allow for transfer of funds among projects and activities in accordance with reprogramming guidelines.

Language is included under Title I to prohibit funds to be used for projects at Arlington Cemetery.

Language is included under Title I providing additional funds for Military Construction, Army.

Language is included under Title I providing additional funds for Military Construction, Navy and Marine Corps.

Language is included under Title I providing additional funds for Military Construction, Air Force.

Language is included under Title I providing additional funds for Military Construction, Army National Guard.

Language is included under Title I providing additional funds for Military Construction, Air National Guard.

Language is included under Title I providing additional funds for Military Construction, Air Force Reserve.

Language is included under Title I defining the congressional defense committees.

Language is included under Title I to require funds appropriated shall be immediately available and allotted to contract for the full scope of authorized projects.

Language is included under Title II providing for the reimbursement to the Department of Defense for the costs of overseas employee mail.

Language is included under Title II to require that the Secretary of Veterans Affairs establish a priority for treatment of veterans who are service-connected disabled, lower income, or have special needs.

Language is included under Title II to require that the Secretary of Veterans Affairs give priority funding of basic medical benefits to priority groups 1 through 6.

Language is included under Title II to allow the Secretary of Veterans Affairs to dispense prescription drugs from VHA facilities to enrolled veterans with privately written prescriptions.

Language is included until Title II requiring the Secretary to ensure sufficient funding is available for the acquisition of prosthetics designed for women Veterans.

Language is included until Title II specifies funding for gender-specific care for women.

Language is included under Title II to require approval of a transfer between development projects in the Information Technology Systems account.

Language is included prohibiting funding in the Veterans Health Record account from being obligated in a manner inconsistent with deployment schedules.

Language is included under Title II establishing time limitations and reporting requirements concerning the obligation of Major Construction funds, limiting the use of funds, allowing the use of funds for program costs, and allowing for the reimbursement to the "General Administration" account for the salaries and expenses of the Office of Construction and Facilities Management employees.

Language is included under Title II to allow Minor Construction funds to be used to repair non-medical facilities damaged by natural disaster or catastrophe.

Language is included under Title II permitting transfers between mandatory and discretionary accounts, limiting and providing for the use of certain funds, funding administrative expenses associated with life insurance programs from excess program revenues, allowing reimbursement from enhanced-use leases and for certain services, requiring notification of construction bid savings, limiting reprogramming amount of major construction projects, restricting changes in the scope of major construction projects, requiring disclosure of insurance and income information, allowing a recovery audit collection program, allowing veterans in the State of Alaska to use Indian Health Service facilities under certain conditions, allowing medical services funds for recreational and funeral expenses, and requiring notification of organizational changes that transfer 25 or more employees from one VA organizational unit to another.

Language is included under Title II requiring the Secretary to maintain certain requirements in operating the toll-free suicide hotline.

Language is included under Title II prohibiting funds from being used to close hospitals, domiciliaries, or clinics, or conduct environmental assessment or diminish services in the Veterans Integrated Service Network 23 as part of a realignment of VA services until the Secretary provides a report that includes a national realignment strategy, a cost benefit analysis, and an inventory of buildings with historic designation.

Language is included under Title II to allow covered veterans and their spouses, under certain conditions, to receive assisted reproductive technology services and adoption reimbursement.

Language is included under Title II pertaining to exceptions for Indian- or Native Hawaiian-owned businesses contracting with the Department.

Language is included in Title II directing the elimination of using Social Security account numbers to identify individuals in all information systems of the Department.

Language is included in Title II pertaining to certification of marriage and family therapists.

Language is included in Title II prohibiting funds from being used to transfer funding from the Filipino Veterans Equity Compensation Fund to any other VA account.

Language is included in Title II permitting funds to carry out and expand the child care program.

Language is included in Title II prohibiting funds to enter into an agreement to resolve a dispute or claim with an individual that would restrict the individual from speaking to Members of Congress or their staff.

Language is included in Title II requiring certain data to be included in budget justifications for major construction projects.

Language is included until Title II providing funding for infrastructure improvements.

Language is included in Title II prohibiting the Inspector General timely access to information.

Language is included in Title II prohibiting funding to be used that would increase wait times for veterans who seek medical care.

Language is included in Title II prohibiting the use of funds in fiscal year 2020 to convert any program that received specific purpose funding in fiscal year 2019 to a general purpose-funded program.

Language is included under Title II prohibiting the use of dogs as part of the conduct of any study.

Language is included under Title II prohibiting the closure of a certain community-based outpatient clinic until the Secretary completes a market area assessment.

Language is included under Title II requiring the Secretary to update the "Planning and Activating Community Based Outpatient Clinics" handbook.

Language is included under Title II extending the duration of the VSO pilot program.

Language is included under Title III United States Court of Appeals for Veterans Claims, Salaries and Expenses, to permit the use of funds for a pro bono program.

Language is included under Title III Cemeterial Expenses, Army, Salaries and Expenses, to permit the use of funds for parking maintenance and repairs.

Language is included under Title III Armed Forces Retirement Home to permit payment from the general fund of the Treasury to the Trust Fund.

Language is included under Title III to allow for the use of concession fees.

Language is included under Title IV providing Overseas Contingency Operations funding with an emergency designation.

Language is included under Title IV providing funds with emergency designation, for Overseas Contingency Operations and European Defense Initiative for the Army.

Language is included under Title IV providing funds with emergency designation, for Overseas Contingency Operations and European Defense Initiative for the Navy and Marine Corps.

Language is included under Title IV providing funds with emergency designation, for Overseas Contingency Operations and European Defense Initiative for the Air Force.

Language is included under Title IV providing funds with emergency designation, for Overseas Contingency Operations and European Defense Initiative for the Defense Agencies.

Language is include under Title V providing Natural Disaster Relief funding with an emergency designation.

Language is included under Title V providing funds with an emergency designation, for hurricane damages sustained by the Navy and Marine Corps.

Language is included under Title V providing funds with an emergency designation, for hurricane damages sustained by the Air Force.

Language is included under Title V providing funds with an emergency designation, for hurricane damages sustained by the Army National Guard.

Language is included under Title V providing funds with an emergency designation, for hurricane damages sustained by the Army Reserve.

Language is included under Title VI to limit the use of funds for Federal entities when they are not in compliance with Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates.

Language is included under Title VI to prohibit the use of funds for a project or program named for a serving Member of the United States Congress.

Language is included under Title VI prohibiting funds from being used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

Language is included under Title VI prohibiting funds from being used to pay for first class travel in violation of federal regulations.

Language is included under Title VI prohibiting funds from being used to execute a contract for goods or services where a contractor has not complied with Executive Order 12989.

Language is included under Title VI prohibiting funds from being used by the Department of Defense or the Department of Veterans Affairs for the purchase or lease of a new vehicle except in accordance with Presidential Memorandum Federal Fleet Performance, dated May 24, 2011.

Appropriations Not Authorized by Law

Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of the House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law for the period concerned:

Program Duplication

Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House of Representatives, no provision of this bill establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111- 139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance.

Committee Hearings

In compliance with Sec. 103(i) of H. Res. 6 (116th Congress) the following hearings were used to develop the fiscal year 2020 Military Construction, Department of Veterans Affairs, and Related Agencies Appropriations Bill:

View table at https://www.congress.gov/congressional-report/116th-congress/house-report/63/1?s=3&r=3

Full Committee Votes

BUDGETARY IMPACT OF THE FY 2020 MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS BILL PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(A), PUBLIC LAW 93-344, AS AMENDED

[IN MILLIONS OF DOLLARS]

COMPARISION WITH BUDGET RESOLUTION

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and Section 308(a)(1)(A) of the Congressional Budget Act requires the report accompanying a bill providing new budget authority to contain a statement comparing the levels in the bill to the suballocations submitted under section 302(b) of the Act for the most recently agreed to concurrent resolution on the budget for the applicable fiscal year.

[In millions of dollars]

View table at https://www.congress.gov/congressional-report/116th-congress/house-report/63/1?s=3&r=3

FIVE-YEAR PROJECTION OF OUTLAYS

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and in compliance with section 308(a)(1)(B) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended, the following table contains five-year projections

[In millions of dollars]

View table at https://www.congress.gov/congressional-report/116th-congress/house-report/63/1?s=3&r=3

FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and in accordance with section 308(a)(1)(C) of the Congressional Budget Act of 1974, as amended, the Congressional Budget Office has provided the following estimates of new budget authority and

[In millions of dollars]

View table at https://www.congress.gov/congressional-report/116th-congress/house-report/63/1?s=3&r=3

Comparative Statement of New Budget Authority and State List

The following is a complete listing, by title, State and country, of the Committee's recommendations for military construction and family housing projects, including Overseas Contingency Operations projects:

MINORITY VIEWS

As reported by the Committee, the Military Construction, Veterans Affairs, and Related Agencies Appropriations bill for fiscal year 2020 provides a total of $231,349,814,000 in budget authority. Of this amount, $123,211,394,000 is for mandatory programs and $108,438,000,000 is for discretionary programs. The discretionary funding total includes $2,300,000,000 in emergency funds. The bill also includes $87,636,650,000 in advance appropriations for the Department of Veterans Affairs' health care accounts and $129,509,505,000 in advance appropriations for mandatory veterans' benefits programs for fiscal year 2021. Unfortunately, due to concerns about spending levels and numerous policy provisions contained in the bill, we are unable to support the bill as written at this time.

We are troubled that the Majority party's budget framework does not reflect a bipartisan, bicameral agreement. That framework puts the Federal government on track to add nearly $2,000,000,000,000 in deficits over 10 years, while the national debt is already more than $22,000,000,000,000. In addition, the Majority supports more than twice as much additional funding in fiscal year 2020 for non-defense programs as for defense programs.

We need to come together with the Senate and the Administration to reach an agreement on the topline funding level before we allocate funding among the various appropriations bills. We should see how the Military Construction and Veterans Affairs bill fits into the larger picture before moving forward.

In addition to overall funding concerns, Republican Members of the Committee were disappointed by several policy provisions and funding decisions made within the bill. These positions could prevent this bill from being signed into law, and House Republicans will continue to work to address these issues as the appropriations process continues.

Of particular concern is Section 612, which limits the President's use of military construction funds. It is an unnecessary restriction on the President's ability and responsibility to respond to national emergencies. We believe we must provide the President with the tools to address the humanitarian and security crisis on our Southern border.

The facts are undeniable, and the strain on the system is unsustainable. Record-breaking numbers of people, primarily from Central American countries but also from other countries around the world, are coming through Mexico to the Southern border. Unauthorized border crossings are now at a 12-year high, and the system is overwhelmed by unaccompanied children and family units. More than 109,000 people came to the border in April alone, compared to approximately 400,000 in all of 2018.

Recognizing the bipartisan concern about using previously appropriated military construction funds for border security projects and well aware of the indisputable need to reinvest in our military's readiness and infrastructure, Republican Members of the Committee supported Subcommittee Ranking Member Rep. John Carter's amendment to provide $7,200,000,000 in emergency funding for border security projects. The amendment provided the same amount the President requested in the fiscal year 2020 budget request and would have transferred funds to the Department of Homeland Security to implement the Border Security Improvement Plan.

While the amendment was defeated, we continue to believe the Committee will need to address the President's request and provide funding for border security and humanitarian needs before the fiscal year 2020 appropriations cycle concludes.

The bill also does not continue the current prohibition on the transfer of detainees at Guantanamo Bay, Cuba, to the United States, nor does it provide funding for a new detention facility at Guantanamo Bay. We believe the prohibition on transferring detainees to the United States and the new funding are needed. We must not bring the world's most dangerous terrorists to American soil, and the Service men and women guarding the detainees at Guantanamo Bay must have the safest possible work environment.

Despite our disagreements over the issues discussed above, we appreciate the Majority's willingness to address Member priorities in the bill and report and to include Minority Committee Members in the development of the bill. The Subcommittee has a long-standing tradition of bipartisanship, and we will continue to work in good faith with our colleagues as we proceed through the appropriations process. By working together, we can best address the needs of our Nation's military and its Veterans and reach an agreement on funding for the Military Construction, Veterans Affairs, and Related Agencies for the next fiscal year.

Kay Granger.

John R. Carter.

TARGETED NEWS SERVICE, Harwood Place, Springfield, Virginia, USA: Myron Struck, editor; 703/304-1897; [email protected]; https://targetednews.com