[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 31 Enrolled Bill (ENR)]
H.J.Res.31
One Hundred Sixteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and nineteen
Joint Resolution
Making consolidated appropriations for the fiscal year ending September
30, 2019, and for other purposes.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2019''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
Sec. 6. Adjustments to compensation.
Sec. 7. Technical correction.
DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019
Title I--Departmental Management, Operations, Intelligence, and
Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2019
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2019
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Overseas Contingency Operations/Global War on Terrorism
DIVISION G--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION H--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS
Title I--Immigration Extensions
Title II--Technical Corrections
Title III--Budgetary Effects
SEC. 3. REFERENCES TO ACT.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2019.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available (or rescinded, if applicable) only if
the President subsequently so designates all such amounts and transmits
such designations to the Congress.
SEC. 6. ADJUSTMENTS TO COMPENSATION.
For a payment to Joe Anne Jones, widow of Walter B. Jones Jr., late
a Representative from North Carolina, $174,000.
SEC. 7. TECHNICAL CORRECTION.
Division O of the Consolidated Appropriations Act, 2018 (Public Law
115-141) is amended--
(1) in the heading, by inserting ``Stephen Sepp'' before
``Wildfire''; and
(2) by amending section 101 to read as follows:
``SEC. 101. SHORT TITLE.
``(a) Short Title.--This division may be cited as the `Stephen Sepp
Wildfire Suppression Funding and Forest Management Activities Act'.
``(b) References.--A reference to the Wildfire Suppression Funding
and Forest Management Activities Act, including a reference in a
regulation, order, or other law, is deemed to refer to the Stephen Sepp
Wildfire Suppression Funding and Forest Management Activities Act.''.
DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $141,381,000:
Provided, That not to exceed $30,000 shall be for official reception
and representation expenses: Provided further, That of the funds
provided under this heading, $13,000,000 shall be withheld from
obligation until the Secretary complies with section 106 of this Act
and $13,000,000 shall be withheld from obligation until the Secretary
provides the first report on border apprehensions required under this
heading by the report accompanying this Act.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, $1,083,837,000: Provided, That not to exceed $2,000 shall
be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $175,920,000, of which
$55,920,000 shall remain available until September 30, 2021; and of
which $120,000,000 shall remain available until September 30, 2023, and
shall be transferred to and merged with the General Services
Administration's Federal Buildings Fund for Department of Homeland
Security headquarters consolidation at St. Elizabeths: Provided, That
not later than 30 days prior to any such transfer of funds, the
Secretary of Homeland Security and the Administrator of General
Services shall provide to the Committees on Appropriations of the
Senate and the House of Representatives a detailed plan delineating the
proposed use of such transferred funds for such headquarters
consolidation project.
research and development
For necessary expenses of the Management Directorate for research
and development, $2,545,000, to remain available until September 30,
2020.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$253,253,000, of which $78,299,000 shall remain available until
September 30, 2020: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $168,000,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report that
includes total obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 102. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2019, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
years 2018 and 2019.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2020.
Sec. 103. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 104. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security: Provided, That none of the funds identified for such a
transfer may be obligated until the Committees on Appropriations of the
Senate and the House of Representatives are notified of the proposed
transfers.
Sec. 105. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 106. Section 107 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
visa overstay data, shall apply in fiscal year 2019, except that the
reference to ``this Act'' shall be treated as referring to this Act,
and the reference to ``2017'' shall be treated as referring to
``2018''.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
minor aliens; the provision of air and marine support to Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Department of Homeland Security; at the discretion of
the Secretary of Homeland Security, the provision of such support to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; the purchase and lease of up to 7,500
(6,500 for replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and unmanned
aerial systems; and contracting with individuals for personal services
abroad; $12,179,729,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses related to
the collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3))
and notwithstanding section 1511(e)(1) of the Homeland Security Act of
2002 (6 U.S.C. 551(e)(1)); of which $2,000,000,000 shall be available
until September 30, 2020; and of which such sums as become available in
the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; and of
which $58,710,000 is for additional customs officers: Provided, That
not to exceed $34,425 shall be for official reception and
representation expenses: Provided further, That not to exceed $150,000
shall be available for payment for rental space in connection with
preclearance operations: Provided further, That not to exceed
$1,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurements to
buy marine vessels, aircraft, and unmanned aerial systems,
$2,515,878,000, of which $870,656,000 shall remain available until
September 30, 2021, and of which $1,645,222,000 shall remain available
until September 30, 2023.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $7,542,153,000; of which
$6,000,000 shall remain available until expended for efforts to enforce
laws against forced child labor; of which $75,448,000 shall remain
available until September 30, 2020; of which $1,500,000 is for paid
apprenticeships for participants in the Human Exploitation Rescue
Operative Child-Rescue Corps; of which not less than $15,000,000 shall
be available for investigation of intellectual property rights
violations, including operation of the National Intellectual Property
Rights Coordination Center; and of which not less than $4,273,857,000
shall be for enforcement, detention, and removal operations, including
transportation of unaccompanied minor aliens: Provided, That not to
exceed $11,475 shall be for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 shall be
available until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081):
Provided further, That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security: Provided further,
That not to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully present in
the United States: Provided further, That of the funds made available
under this heading, $10,000,000 shall be withheld from obligation until
the first report required by section 226 has been made available on a
publicly accessible website.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $45,559,000, to remain
available until September 30, 2021; of which not less than $10,000,000
shall be available for facilities repair and maintenance projects.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,410,079,000, to remain
available until September 30, 2020: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2019 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $4,740,079,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$169,789,000, to remain available until September 30, 2021.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $20,594,000, to remain
available until September 30, 2020.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including purchase or lease of not to exceed 25 passenger motor
vehicles, which shall be for replacement only; purchase or lease of
small boats for contingent and emergent requirements (at a unit cost of
not more than $700,000) and repairs and service-life replacements, not
to exceed a total of $31,000,000; purchase, lease, or improvements of
boats necessary for overseas deployments and activities; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96
Stat. 1920); and recreation and welfare; $7,808,201,000, of which
$505,000,000 shall be for defense-related activities, of which
$165,000,000 is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985; of
which $24,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which $11,000,000
shall remain available until September 30, 2021; and of which
$13,469,000 shall remain available until September 30, 2023, for
environmental compliance and restoration: Provided, That not to exceed
$23,000 shall be for official reception and representation expenses:
Provided further, That $25,000,000 shall be withheld from obligation
for Coast Guard Headquarters Directorates until a future-years capital
investment plan for fiscal years 2020 through 2024 is submitted to the
Committees on Appropriations of the Senate and the House of
Representatives pursuant to section 217 of this Act.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $2,248,260,000, to remain available until September
30, 2023, of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $20,256,000, to remain available until
September 30, 2021, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,739,844,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use for replacement only; hire of passenger
motor vehicles; purchase of motorcycles made in the United States; hire
of aircraft; rental of buildings in the District of Columbia; fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in firearms
matches; presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in advance
for commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,148,528,000; of which $40,036,000 shall remain available until
September 30, 2020, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which up to $9,500,000 may be for calendar year 2018 premium pay
in excess of the annual equivalent of the limitation on the rate of pay
contained in section 5547(a) of title 5, United States Code, pursuant
to section 2 of the Overtime Pay for Protective Services Act of 2016 (5
U.S.C. 5547 note), as amended by Public Law 115-160: Provided, That
not to exceed $19,125 shall be for official reception and
representation expenses: Provided further, That not to exceed $100,000
shall be to provide technical assistance and equipment to foreign law
enforcement organizations in criminal investigations within the
jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $97,131,000, to remain
available until September 30, 2021.
research and development
For necessary expenses of the United States Secret Service for
research and development, $2,500,000, to remain available until
September 30, 2020.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2019''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico in addition to
funding provided by section 740 of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 204. For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $31,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation in fiscal year 2019 from amounts authorized to be
collected by section 286(i) of the Immigration and Nationality Act (8
U.S.C. 1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-25), or
other such authorizing language: Provided, That to the extent that
amounts realized from such collections exceed $31,000,000, those
amounts in excess of $31,000,000 shall be credited to this
appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels: Provided, That the
Secretary shall notify the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives within 2 business
days of any request for waivers of navigation and vessel-inspection
laws pursuant to section 501(b) of title 46, United States Code, with
respect to such transportation, and the disposition of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 208. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 209. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 210. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
Sec. 211. Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
Sec. 212. Any award by the Transportation Security Administration
to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
Sec. 213. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2019, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 214. None of the funds made available by this or any other
Act may be used by the Administrator of the Transportation Security
Administration to implement, administer, or enforce, in abrogation of
the responsibility described in section 44903(n)(1) of title 49, United
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any
airport at which the Transportation Security Administration provided
such monitoring as of December 1, 2013.
Sec. 215. None of the funds made available by this Act under the
heading ``Coast Guard--Operations and Support'' shall be for expenses
incurred for recreational vessels under section 12114 of title 46,
United States Code, except to the extent fees are collected from owners
of yachts and credited to the appropriation made available by this Act
under the heading ``Coast Guard--Operations and Support'': Provided,
That to the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 216. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
$10,000,000 may be reprogrammed to or from the Military Pay and
Allowances funding category within ``Coast Guard--Operations and
Support'' in accordance with subsection (a) of section 503 of this Act.
Sec. 217. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 218. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 219. None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided, That the Director
of the United States Secret Service may enter into agreements to
provide such protection on a fully reimbursable basis.
Sec. 220. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 221. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 222. Not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit an
expenditure plan for the amounts made available for ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' to the
Committees on Appropriations of the Senate and the House of
Representatives: Provided, That no such amounts may be obligated prior
to the submission of such plan.
Sec. 223. Funds made available for Overseas Contingency
Operations/Global War on Terrorism under the heading ``Coast Guard--
Operations and Support'' may be allocated by program, project, and
activity, notwithstanding section 503 of this Act.
Sec. 224. (a) None of the funds provided by this Act or any other
Act, or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the components funded by
this Act, may be used by the Secretary of Homeland Security to place in
detention, remove, refer for a decision whether to initiate removal
proceedings, or initiate removal proceedings against a sponsor,
potential sponsor, or member of a household of a sponsor or potential
sponsor of an unaccompanied alien child (as defined in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) based on
information shared by the Secretary of Health and Human Services.
(b) Subsection (a) shall not apply if a background check of a
sponsor, potential sponsor, or member of a household of a sponsor or
potential sponsor reveals--
(1) a felony conviction or pending felony charge that relates
to--
(A) an aggravated felony (as defined in section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)));
(B) child abuse;
(C) sexual violence or abuse; or
(D) child pornography;
(2) an association with any business that employs a minor who--
(A) is unrelated to the sponsor, potential sponsor, or
member of a household of a sponsor or potential sponsor; and
(B) is--
(i) not paid a legal wage; or
(ii) unable to attend school due to the employment; or
(3) an association with the organization or implementation of
prostitution.
Sec. 225. (a) Subject to the provisions of this section, the
Administrator of the Transportation Security Administration (hereafter
in this section referred to as ``the Administrator'') may conduct a
pilot program to provide screening services outside of an existing
primary passenger terminal screening area where screening services are
currently provided or would be eligible to be provided under the
Transportation Security Administration's annually appropriated
passenger screening program as a primary passenger terminal screening
area.
(b) Any request for screening services under subsection (a) shall
be initiated only at the request of a public or private entity
regulated by the Transportation Security Administration; shall be made
in writing to the Administrator; and may only be submitted to the
Transportation Security Administration after consultation with the
relevant local airport authority.
(c) The Administrator may provide the requested screening services
under subsection (a) if the Administrator provides a certification to
the Committee on Homeland Security and the Committee on Appropriations
of the House of Representatives, and the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations of the
Senate that implementation of subsection (a) does not reduce the
security or efficiency of screening services already provided in
primary passenger terminals at any impacted airports.
(d) No screening services may be provided under subsection (a)
unless the requesting entity agrees in writing to the scope of the
screening services to be provided, and agrees to compensate the
Transportation Security Administration for all reasonable personnel and
non-personnel costs, including overtime, of providing the screening
services.
(e) The authority available under this section is effective for
fiscal years 2019 through 2021 and may be utilized at not more than
eight locations for transportation security purposes.
(f) Notwithstanding any other provision of law, an airport
authority, air carrier, or other requesting entity shall not be liable
for any claims for damages filed in State or Federal court (including a
claim for compensatory, punitive, contributory, or indemnity damages)
relating to--
(1) an airport authority's or other entity's decision to
request that the Transportation Security Administration provide
passenger screening services outside of a primary passenger
terminal screening area; or
(2) any act of negligence, gross negligence, or intentional
wrongdoing by employees of the Transportation Security
Administration providing passenger and property security screening
services at a pilot program screening location.
(g) Notwithstanding any other provision of law, any compensation
received by the Transportation Security Administration under subsection
(d) shall be credited to the account used to finance the provision of
reimbursable security screening services under subsection (a).
(h) The Administrator shall submit to the Committee on Homeland
Security and the Committee on Appropriations of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate--
(1) an implementation plan for the pilot programs under
subsection (a), including the application process, that is due by
90 days after the date of enactment of this Act;
(2) an evaluation plan for the pilot programs; and
(3) annual performance reports, by not later than 60 days after
the end of each fiscal year in which the pilot programs are in
operation, including--
(A) the amount of reimbursement received by the
Transportation Security Administration from each entity in the
pilot program for the preceding fiscal year, delineated by
personnel and non-personnel costs;
(B) an analysis of the results of the pilot programs
corresponding to the evaluation plan required under paragraph
(2);
(C) any Transportation Security Administration staffing
changes created at the primary passenger screening checkpoints
and baggage screening as a result of the pilot program; and
(D) any other unintended consequences created by the pilot
program.
(i) Except as otherwise provided in this section, nothing in this
section may be construed as affecting in any manner the
responsibilities, duties, or authorities of the Transportation Security
Administration.
(j) For the purposes of this section, the term ``airport'' means a
commercial service airport as defined by section 47107(7) of title 49
United States Code.
(k) For the purposes of this section, the term ``screening
services'' means the screening of passengers, flight crews, and their
carry-on baggage and personal articles, and may include checked baggage
screening if that type of screening is performed at an offsite location
that is not part of a passenger terminal of a commercial airport.
(l) For the purpose of this section, the term ``primary passenger
terminal screening area'' means the security checkpoints relied upon by
airports as the principal points of entry to a sterile area of an
airport.
Sec. 226. Not later than 90 days after the date of enactment of
this Act and weekly thereafter, the Director of U.S. Immigration and
Customs Enforcement shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, and make available on a
publicly accessible website, a report detailing--
(1) data on aliens detained; including average fiscal year to
date daily populations of aliens detained; daily counts of the
number of aliens detained as of the date of each report, total
fiscal year-to-date book-ins; and average lengths of stay of aliens
detained (including average post-determination length of stay in
the case of detainees described in subparagraph (B)) for--
(A) single adults and for members of family units detained
in the custody of U.S. Immigration and Customs Enforcement,
disaggregated by whether the detainees were--
(i) transferred to the custody of U.S. Immigration and
Customs Enforcement by U.S. Customs and Border Protection
after being deemed inadmissible at a port of entry or after
being apprehended within 14 days of entering the United
States; or
(ii) arrested by U.S. Immigration and Customs
Enforcement;
(B) detainees in the custody of U.S. Immigration and
Customs Enforcement who are determined to have a credible or
reasonable fear of--
(i) persecution, as defined in section 235(b)(1)(B)(v)
of the Immigration and Nationality Act; or
(ii) torture, as defined in section 208.30 of title 8,
Code of Federal Regulations (as in effect on January 1,
2018);
(C) detainees in the custody of U.S. Immigration and
Customs Enforcement who have been issued a Notice to Appear
pursuant to section 239 of the Immigration and Nationality Act,
disaggregated by single adults and members of family units; and
(2) the total number of enrollees in the Alternatives to
Detention program and the average length of participation,
disaggregated by--
(A) single adults and family heads of household;
(B) participants in the family case management program;
(C) level of supervision; and
(D) the locations of supervision, by field office.
Sec. 227. None of the funds in this Act shall be used to reduce
the Coast Guard's Operations Systems Center mission or its government-
employed or contract staff levels.
Sec. 228. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 229. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 230. (a) Of the total amount made available under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $2,370,222,000 shall be available only as follows:
(1) $1,375,000,000 is for the construction of primary
pedestrian fencing, including levee pedestrian fencing, in the Rio
Grande Valley Sector;
(2) $725,000,000 is for the acquisition and deployment of
border security technologies and trade and travel assets and
infrastructure, to include $570,000,000 for non-intrusive
inspection equipment at ports of entry; and
(3) $270,222,000 is for construction and facility improvements,
to include $222,000,000 for humanitarian needs, $14,775,000 for
Office of Field Operations facilities, and $33,447,000 for Border
Patrol station facility improvements.
(b) The amounts designated in subsection (a)(1) shall only be
available for operationally effective designs deployed as of the date
of the Consolidated Appropriations Act, 2017 (Public Law 115-31), such
as currently deployed steel bollard designs, that prioritize agent
safety.
(c) Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit to the Committee
on Appropriations of the Senate, the Committee on Appropriations of the
House of Representatives, and the Comptroller General of the United
States an updated risk-based plan for improving security along the
borders of the United States that includes the elements required under
subsection (a) of section 231 of division F of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), which shall be evaluated
in accordance with subsection (b) of such section.
Sec. 231. None of the funds made available by this Act or prior
Acts are available for the construction of pedestrian fencing--
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center; or
(5) within or east of the Vista del Mar Ranch tract of the
Lower Rio Grande Valley National Wildlife Refuge.
Sec. 232. (a) Prior to use of any funds made available by this Act
for the construction of physical barriers within the city limits of any
city or census designated place described in subsection (c), the
Department of Homeland Security and the local elected officials of such
a city or census designated place shall confer and seek to reach mutual
agreement regarding the design and alignment of physical barriers
within that city or the census designated place (as the case may be).
Such consultations shall continue until September 30, 2019 (or until
agreement is reached, if earlier) and may be extended beyond that date
by agreement of the parties, and no funds made available in this Act
shall be used for such construction while consultations are continuing.
(b) Not later than July 1, 2019, the Secretary shall issue notices
for public comment regarding construction of pedestrian fencing in the
places identified in subsection (c). The notices shall afford the
public not less than 60 days to submit comments on the location of
proposed fencing in the affected areas. Not later than 90 days
following the end of the comment period identified in this subsection,
the Department shall publish in the Federal Register its responses to
the comments received along with its plans for construction in the
areas identified in the notice to which it is responding.
(c) The cities and census designated place described in this
subsection are as follows:
(1) Roma, Texas.
(2) Rio Grande City, Texas.
(3) Escobares, Texas.
(4) La Grulla, Texas.
(5) The census designated place of Salineno, Texas.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $1,345,802,000, of which
$18,650,000 shall remain available until September 30, 2020: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$322,829,000, to remain available until September 30, 2021.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $13,126,000, to remain
available until September 30, 2020.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,066,258,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $133,830,000, of which
$61,834,000 shall remain available until September 30, 2021, and of
which $71,996,000 shall remain available until September 30, 2023.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,094,210,000, which shall be allocated as
follows:
(1) $525,000,000 for the State Homeland Security Grant Program
under section 2004 of the Homeland Security Act of 2002 (6 U.S.C.
605), of which $90,000,000 shall be for Operation Stonegarden, and
$10,000,000 shall be for organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such code) determined by the Secretary of
Homeland Security to be at high risk of a terrorist attack:
Provided, That notwithstanding subsection (c)(4) of such section
2004, for fiscal year 2019, the Commonwealth of Puerto Rico shall
make available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in accordance
with subsection (c)(1) of such section 2004.
(2) $640,000,000 for the Urban Area Security Initiative under
section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604),
of which $50,000,000 shall be for organizations (as described under
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such code) determined by the
Secretary of Homeland Security to be at high risk of a terrorist
attack.
(3) $100,000,000 for Public Transportation Security Assistance,
Railroad Security Assistance, and Over-the-Road Bus Security
Assistance under sections 1406, 1513, and 1532 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135,
1163, and 1182), of which $10,000,000 shall be for Amtrak security
and $2,000,000 shall be for Over-the-Road Bus Security: Provided,
That such public transportation security assistance shall be
provided directly to public transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance with
section 70107 of title 46, United States Code.
(5) $700,000,000, to remain available until September 30, 2020,
of which $350,000,000 shall be for Assistance to Firefighter Grants
and $350,000,000 shall be for Staffing for Adequate Fire and
Emergency Response Grants under sections 33 and 34 respectively of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229
and 2229a).
(6) $350,000,000 for emergency management performance grants
under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121), the Earthquake Hazards Reduction
Act of 1977 (42 U.S.C. 7701), section 762 of title 6, United States
Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
(7) $262,531,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance Fund,
and such additional sums as may be provided by States or other
political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act of 1968 (42
U.S.C. 4101(f)(2)), to remain available until expended.
(8) $10,000,000 for Regional Catastrophic Preparedness Grants.
(9) $10,000,000 for Rehabilitation of High Hazard Potential
Dams under section 8A of the National Dam Safety Program Act (33
U.S.C. 467f-2).
(10) $120,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331), to remain available until expended: Provided, That
not to exceed 3.5 percent shall be for total administrative costs.
(11) $276,679,000 to sustain current operations for training,
exercises, technical assistance, and other programs.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$12,558,000,000, to remain available until expended, of which
$3,000,000 may be transferred to the Disaster Assistance Direct Loan
Program for administrative expenses to carry out the program as
authorized by section 417 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184): Provided, That of the
amount provided under this heading, $12,000,000,000 shall be for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated
by the Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act
of 1985: Provided further, That of the amounts set aside from funds
provided under this heading pursuant to subsection (i)(1) of section
203 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133(i)(1)), $250,000,000 shall be available to carry
out activities for the National Predisaster Mitigation Fund under that
section of that Act (as in effect on the day before the amendments made
by section 1234 of the Disaster Recovery Reform Act of 2018 (division D
of Public Law 115-254) took effect), in addition to any amounts
otherwise made available for such purpose by this or any other Act and
may be merged in this account for all purposes with funds for the
revised National Public Infrastructure Predisaster Mitigation
Assistance, as authorized by the amendments made to section 203 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133) by section 1234 of the Disaster Recovery Reform Act of
2018 (division D of Public Law 115-254), once that assistance has been
fully implemented: Provided further, That $300,000,000 of the amounts
provided under this heading in this Act shall be derived from
unobligated balances from prior year appropriations available under
this heading: Provided further, That none of the amounts derived from
unobligated balances in the previous proviso shall be from amounts that
were designated by the Congress as being for an emergency requirement
pursuant to a Concurrent Resolution on the budget or section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 or as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $202,153,000, to remain available until September 30, 2020,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $13,858,000 shall be available for mission support
associated with flood management; and of which $188,295,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2019, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $176,304,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until expended,
for flood mitigation actions and for flood mitigation assistance
under section 1366 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104c), notwithstanding sections 1366(e) and 1310(a)(7) of
such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act (42
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
Sec. 301. Not later than 180 days after the date of enactment of
this Act, the Federal Protective Service, in conjunction with the
Office of Management and Budget, shall provide a report to the
Committees on Appropriations of the Senate and the House of
Representatives providing no fewer than three options for a revised
method to assess and allocate costs for countermeasures.
Sec. 302. Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (4) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the grantee for expenses
directly related to administration of the grant.
Sec. 303. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(4), (8), and (9), the Administrator of the Federal Emergency
Management Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days in advance
of announcing publicly the intention of making an award.
Sec. 305. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 306. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2019 with
respect to budget year 2020 and current fiscal year 2019,
respectively--
(1) in paragraph (1) by substituting ``fiscal year 2020'' for
``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after ``fifth''.
Sec. 307. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
Sec. 308. The aggregate charges assessed during fiscal year 2019,
as authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program for the
next fiscal year: Provided, That the methodology for assessment and
collection of fees shall be fair and equitable and shall reflect costs
of providing such services, including administrative costs of
collecting such fees: Provided further, That such fees shall be
deposited in a Radiological Emergency Preparedness Program account as
offsetting collections and will become available for authorized
purposes on October 1, 2019, and remain available until expended.
Sec. 309. (a) The Federal share of assistance, including direct
Federal assistance, provided under sections 403 and 407 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b and 42 U.S.C. 5173), with respect to a major disaster declared
pursuant to such Act for damages resulting from a wildfire in calendar
year 2018, shall be not less than 90 percent of the eligible costs
under such section.
(b) The Federal share provided by subsection (a) shall apply to
assistance provided before, on, or after the date of enactment of this
Act.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support of the E-Verify Program, $109,688,000.
procurement, construction, and improvements
For necessary expenses of U.S. Citizenship and Immigration Services
for procurement, construction, and improvements of the E-Verify
Program, $22,838,000, to remain available until September 30, 2021.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration Services
for Federal assistance for the Citizenship and Integration Grant
Program, $10,000,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $277,876,000, of which $20,000,000 shall remain available
until September 30, 2020: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $50,943,000,
to remain available until September 30, 2023.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $308,520,000, of which $170,462,000 shall remain
available until September 30, 2020: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $511,265,000, to remain available until
September 30, 2021.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $187,095,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improvements,
$100,096,000, to remain available until September 30, 2021.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $83,043,000, to remain
available until September 30, 2021.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $64,663,000, to remain
available until September 30, 2021.
Administrative Provisions
(including transfer of funds)
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease: Provided, That
the Director of U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to
travel between the employees' residences and places of employment.
Sec. 402. None of the funds made available in this Act may be used
by U.S. Citizenship and Immigration Services to grant an immigration
benefit unless the results of background checks required by law to be
completed prior to the granting of the benefit have been received by
U.S. Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.
Sec. 403. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 404. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 406. The Director of the Federal Law Enforcement Training
Centers may accept transfers to the account established by section
407(a) of division F of the Consolidated Appropriations Act, 2018
(Public Law 115-141) from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)): Provided, That the Federal Law Enforcement
Training Centers maintain administrative control and ownership upon
completion of such facilities.
Sec. 407. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 408. The Secretary of Homeland Security may transfer
personnel and up to $15,000,000 in unexpended balances of amounts made
available to the Department of Homeland Security under the heading
``Science and Technology Directorate--Operations and Support'' in
division F of the Consolidated Appropriations Act, 2018 (Public Law
115-141) to the Department of Agriculture for the purpose of contract
and associated support of the operations of the National Bio and Agro-
defense Facility: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 30 days in advance of such transfer.
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2019, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity, or
increases funds for any program, project, or activity for which
funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently performed
by Federal employees or any new function or activity proposed to be
performed by Federal employees in the President's budget proposal
for fiscal year 2019 for the Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity, or
numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations based upon
an initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts that remain available for
obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 5 days in advance of such transfer.
Sec. 504. Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2019, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 30, 2020,
from appropriations for ``Operations and Support'' for fiscal year 2019
in this Act shall remain available through September 30, 2020, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such funds, a
notification shall be submitted to the Committees on Appropriations of
the Senate and the House of Representatives in accordance with section
503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2019 until the enactment of an Act authorizing
intelligence activities for fiscal year 2019.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of--
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or to
issue a letter of intent totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award items
under paragraph (1), (2), or (3), including a contract covered by
the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year for
which the funds for the award were appropriated; the type of
contract; and the account from which the funds are being drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act:
Provided, That for purposes of the preceding sentence, the term ``Buy
American Act'' means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 514. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 515. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 516. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 517. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code, or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 521. (a) For an additional amount for financial systems
modernization, $51,000,000, to remain available until September 30,
2020.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section
503 of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 522. (a) The funds appropriated to the Department of Homeland
Security in this Act for ``Operations and Support'' shall be hereby
reduced, as determined by the Chief Financial Officer, by a total of
$12,000,000 to realize administrative savings, including savings from
requirements, supplies, or materials that were funded by the Department
using fiscal year 2018 appropriations for contracts with periods of
performance in fiscal year 2019.
(b) Funds may only be reduced for the respective appropriations
from amounts identified in the budget appendix, as modified by the
report accompanying this Act, by object classes 25.1, 25.2, 25.3, and
26.2.
(c) No funds may be reduced from amounts provided under the
following headings and activities:
(1) ``Cybersecurity and Infrastructure Security Agency--
Operations and Support'';
(2) ``Coast Guard--Operations and Support'' for defense-related
activities; and
(3) ``Federal Emergency Management Agency--Operations and
Support'' for National Continuity Programs in the Preparedness and
Protection program, project, and activity.
(d) No amounts may be reduced from amounts that were designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism or as an emergency requirement pursuant to a concurrent
resolution on the budget or section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985 or from amounts that were
designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(e) The Secretary shall submit a notification to the Committees on
Appropriations of the Senate and the House of Representatives
specifying the account and amount of each reduction made pursuant to
this section.
Sec. 523. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 524. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 525. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided further,
That the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
Sec. 526. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 527. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time positions or
costs more than $5,000,000 in a single year before the end of the 30-
day period beginning on the date on which the Secretary of Homeland
Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such change;
(2) funding required for such change for the current year and
through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 528. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland or
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 529. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 530. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2019.
Sec. 531. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $41,000,000, to remain
available until September 30, 2020, exclusively for providing
reimbursement of extraordinary law enforcement personnel costs for
protection activities directly and demonstrably associated with any
residence of the President that is designated or identified to be
secured by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the Department of
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall
be applied with respect to amounts made available by subsection (a) of
this section by substituting ``October 1, 2019'' for ``October 1,
2018'' and ``October 1, 2018'' for ``October 1, 2017''.
Sec. 532. None of the funds made available by this Act may be used
to prevent a Member of Congress from entering, for the purpose of
conducting oversight, any facility operated by or for the Department of
Homeland Security used to detain or otherwise house alien minors, or to
make any temporary modification at any such facility that in any way
alters what is observed by a visiting Member of Congress, compared to
what would be observed in the absence of such modification.
Sec. 533. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot be
prevented by other means; or
(B) poses an immediate and serious threat to harm herself
or others that cannot be prevented by other means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic restraints is
appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 534. None of the funds made available by this Act may be used
to destroy any document, recording, or other record pertaining to any
potential sexual assault or abuse perpetrated against any individual
held in the custody of the Department of Homeland Security.
Sec. 535. Section 513 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to funds made
available in this Act in the same manner as such section applied to
funds made available in that Act.
Sec. 536. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 537. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2020 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the Senate and the House of
Representatives specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such proposals in
the event that they are not enacted prior to October 1, 2019.
(rescissions)
Sec. 538. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2018 (Public Law
115-141) are rescinded:
(1) $169,000 from ``Office of the Secretary and Executive
Management--Operations and Support'';
(2) $328,000 from ``Management Directorate--Operations and
Support'';
(3) $366,000 from ``Intelligence, Analysis, and Operations
Coordination--Operations and Support'';
(4) $427,000 from ``U.S. Customs and Border Protection--
Operations and Support'';
(5) $30,000 from ``Coast Guard--Operating Expenses'';
(6) $1,040,000 from ``Coast Guard--Acquisition, Construction,
and Improvements'';
(7) $5,166,000 from ``United States Secret Service--Operations
and Support'';
(8) $1,589,000 from ``National Protection and Programs
Directorate--Operations and Support'';
(9) $362,000 from ``Office of Health Affairs--Operations and
Support'';
(10) $362,000 from ``Federal Emergency Management Agency--
Operations and Support'';
(11) $206,000 from ``U.S. Citizenship and Immigration
Services--Operations and Support'';
(12) $63,000 from ``Science and Technology Directorate--
Operations and Support''; and
(13) $437,000 from ``Domestic Nuclear Detection Office--
Operations and Support''.
(rescissions)
Sec. 539. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177):
(1) $33,870,000 from Public Law 115-141 under the heading
``Transportation Security Administration--Operations and Support''.
(2) $17,045,000 from Public Law 115-31 under the heading
``Coast Guard--Research, Development, Test, and Evaluation''.
(3) $17,200,000 from Public Law 115-141 under the heading
``Domestic Nuclear Detection Office--Federal Assistance''.
(4) $7,400,000 from Public Law 114-4 under the heading ``Coast
Guard--Acquisition, Construction, and Improvements''.
(5) $5,200,000 from Public Law 114-113 under the heading
``Coast Guard--Acquisition, Construction, and Improvements''.
(rescission)
Sec. 540. From the unobligated balances available in the
Department of the Treasury Forfeiture Fund established by section 9703
of title 31, United States Code (added by section 638 of Public Law
102-393), $200,000,000 shall be permanently rescinded not later than
September 30, 2019.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2019''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $46,603,000,
of which not to exceed $5,051,000 shall be available for the immediate
Office of the Secretary; not to exceed $800,000 shall be available for
the Office of the Assistant to the Secretary for Rural Development:
Provided, That funds made available by this Act to an agency in the
Rural Development mission area for salaries and expenses are available
to fund up to one administrative support staff for the Office; not to
exceed $1,496,000 shall be available for the Office of Homeland
Security; not to exceed $4,711,000 shall be available for the Office of
Partnerships and Public Engagement; not to exceed $23,176,000 shall be
available for the Office of the Assistant Secretary for Administration,
of which $22,301,000 shall be available for Departmental Administration
to provide for necessary expenses for management support services to
offices of the Department and for general administration, security,
repairs and alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical and
efficient work of the Department: Provided further, That funds made
available by this Act to an agency in the Administration mission area
for salaries and expenses are available to fund up to one
administrative support staff for the Office; not to exceed $3,869,000
shall be available for the Office of Assistant Secretary for
Congressional Relations to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $7,500,000 shall be
available for the Office of Communications: Provided further, That the
Secretary of Agriculture is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other office of
the Office of the Secretary: Provided further, That no appropriation
for any office shall be increased or decreased by more than 5 percent:
Provided further, That not to exceed $22,000 of the amount made
available under this paragraph for the immediate Office of the
Secretary shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary:
Provided further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the holding
of hearings as required by 5 U.S.C. 551-558: Provided further, That
funds made available under this heading for the Office of the Assistant
Secretary for Congressional Relations may be transferred to agencies of
the Department of Agriculture funded by this Act to maintain personnel
at the agency level: Provided further, That no funds made available
under this heading for the Office of Assistant Secretary for
Congressional Relations may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the Committees
on Appropriations of both Houses of Congress on the allocation of these
funds by USDA agency.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$21,286,000, of which $5,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $55,630,000, of which not less than $38,000,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $901,000: Provided, That funds made available by this
Act to an agency in the Civil Rights mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $24,206,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $59,967,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), $3,503,000, to remain available until
expended: Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be transferred to
any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.), $98,208,000, including such sums as
may be necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector General
Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the
Agriculture and Food Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$45,146,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $800,000: Provided, That funds
made available by this Act to an agency in the Research, Education, and
Economics mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$86,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $174,517,000, of which up to $45,300,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,303,266,000, of which $10,600,000, to remain available until
expended, shall be used to carry out the science program at the
National Bio- and Agro-defense Facility located in Manhattan, Kansas:
Provided, That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $500,000, except for headhouses or greenhouses which
shall each be limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000 each, and
except for two buildings to be constructed at a cost not to exceed
$3,000,000 each, and the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building or $500,000, whichever is greater: Provided
further, That appropriations hereunder shall be available for entering
into lease agreements at any Agricultural Research Service location for
the construction of a research facility by a non-Federal entity for use
by the Agricultural Research Service and a condition of the lease shall
be that any facility shall be owned, operated, and maintained by the
non-Federal entity and shall be removed upon the expiration or
termination of the lease agreement: Provided further, That the
limitations on alterations contained in this Act shall not apply to
modernization or replacement of existing facilities at Beltsville,
Maryland: Provided further, That appropriations hereunder shall be
available for granting easements at the Beltsville Agricultural
Research Center: Provided further, That the foregoing limitations
shall not apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting easements at
any Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by, and acceptable
to, the Agricultural Research Service and a condition of the easements
shall be that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if the
Secretary finds that acceptance of the facility is in the interest of
the United States: Provided further, That funds may be received from
any State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized by
law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $381,200,000
to remain available until expended, of which $247,700,000 shall be
allocated for ARS facilities co-located with university partners.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$927,649,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the joint
explanatory statement accompanying this Act: Provided, That funds for
research grants for 1994 institutions, education grants for 1890
institutions, capacity building for non-land-grant colleges of
agriculture, the agriculture and food research initiative, veterinary
medicine loan repayment, multicultural scholars, graduate fellowship
and institution challenge grants, and grants management systems shall
remain available until expended: Provided further, That each
institution eligible to receive funds under the Evans-Allen program
receives no less than $1,000,000: Provided further, That funds for
education grants for Alaska Native and Native Hawaiian-serving
institutions be made available to individual eligible institutions or
consortia of eligible institutions with funds awarded equally to each
of the States of Alaska and Hawaii: Provided further, That funds for
education grants for 1890 institutions shall be made available to
institutions eligible to receive funds under 7 U.S.C. 3221 and 3222:
Provided further, That not more than 5 percent of the amounts made
available by this or any other Act to carry out the Agriculture and
Food Research Initiative under 7 U.S.C. 450i(b) may be retained by the
Secretary of Agriculture to pay administrative costs incurred by the
Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $505,692,000, which shall be for the purposes, and in
the amounts, specified in the table titled ``National Institute of Food
and Agriculture, Extension Activities'' in the joint explanatory
statement accompanying this Act: Provided, That funds for facility
improvements at 1890 institutions shall remain available until
expended: Provided further, That institutions eligible to receive
funds under 7 U.S.C. 3221 for cooperative extension receive no less
than $1,000,000: Provided further, That funds for cooperative
extension under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C.
343(b) and (c)) and section 208(c) of Public Law 93-471 shall be
available for retirement and employees' compensation costs for
extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $38,000,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the joint explanatory statement accompanying this Act:
Provided, That funds for the Food and Agriculture Defense Initiative
shall remain available until September 30, 2020: Provided further,
That notwithstanding any other provision of law, indirect costs shall
not be charged against any Extension Implementation Program Area grant
awarded under the Crop Protection/Pest Management Program (7 U.S.C.
7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $901,000: Provided, That funds made
available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$1,011,136,000, of which $470,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $11,520,000, to remain available until expended,
shall be used for the cotton pests program for cost share purposes or
for debt retirement for active eradication zones; of which $37,857,000,
to remain available until expended, shall be for Animal Health
Technical Services; of which $705,000 shall be for activities under the
authority of the Horse Protection Act of 1970, as amended (15 U.S.C.
1831); of which $62,840,000, to remain available until expended, shall
be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $186,013,000, to remain available until
expended, shall be for specialty crop pests; of which, $11,826,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $16,523,000, to remain available until
expended, shall be for zoonotic disease management; of which
$40,966,000, to remain available until expended, shall be for emergency
preparedness and response; of which $60,000,000, to remain available
until expended, shall be for tree and wood pests; of which $5,725,000,
to remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,500,000, to remain available
until expended, shall be for the scrapie program for indemnities; of
which $2,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended:
Provided further, That of amounts available under this heading for the
screwworm program, $4,990,000 shall remain available until expended; of
which $13,600,000, to remain available until expended, shall be used to
carry out the science program at the National Bio- and Agro-defense
Facility located in Manhattan, Kansas: Provided further, That no funds
shall be used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided further, That
this appropriation shall be available for the operation and maintenance
of aircraft and the purchase of not to exceed five, of which two shall
be for replacement only: Provided further, That in addition, in
emergencies which threaten any segment of the agricultural production
industry of the United States, the Secretary may transfer from other
appropriations or funds available to the agencies or corporations of
the Department such sums as may be deemed necessary, to be available
only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the Animal
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency purposes in
the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 2019, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$159,095,000, of which $4,000,000 shall be available for the purposes
of section 12306 of Public Law 113-79; and of which $1,500,000 shall be
available for marketing activities authorized under section 204(b) of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)) to provide to
State departments of agriculture, State cooperative extension services,
institutions of higher education, and nonprofit organizations grants to
carry out programs and provide technical assistance to promote
innovation, process improvement, and marketing relating to dairy
products: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $20,705,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $800,000: Provided, That funds made available by this Act
to an agency in the Food Safety mission area for salaries and expenses
are available to fund up to one administrative support staff for the
Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $10,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,049,344,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2019 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided
further, That the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as further
clarified by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for
Farm Production and Conservation, $901,000: Provided, That funds made
available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and Conservation
Business Center, $216,350,000: Provided, That $60,228,000 of amounts
appropriated for the current fiscal year pursuant to section 1241(a) of
the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
shall be transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,081,655,000,
of which not less than $20,000,000 shall be for the hiring of new
employees to fill vacancies at Farm Service Agency county offices and
farm loan officers and shall be available until September 30, 2020:
Provided, That not more than 50 percent of the funding made available
under this heading for information technology related to farm program
delivery may be obligated until the Secretary submits to the Committees
on Appropriations of both Houses of Congress, and receives written or
electronic notification of receipt from such Committees of, a plan for
expenditure that (1) identifies for each project/investment over
$25,000 (a) the functional and performance capabilities to be delivered
and the mission benefits to be realized, (b) the estimated lifecycle
cost for the entirety of the project/investment, including estimates
for development as well as maintenance and operations, and (c) key
milestones to be met; (2) demonstrates that each project/investment is,
(a) consistent with the Farm Service Agency Information Technology
Roadmap, (b) being managed in accordance with applicable lifecycle
management policies and guidance, and (c) subject to the applicable
Department's capital planning and investment control requirements; and
(3) has been reviewed by the Government Accountability Office and
approved by the Committees on Appropriations of both Houses of
Congress: Provided further, That the agency shall submit a report by
the end of the fourth quarter of fiscal year 2019 to the Committees on
Appropriations and the Government Accountability Office, that
identifies for each project/investment that is operational (a) current
performance against key indicators of customer satisfaction, (b)
current performance of service level agreements or other technical
metrics, (c) current performance against a pre-established cost
baseline, (d) a detailed breakdown of current and planned spending on
operational enhancements or upgrades, and (e) an assessment of whether
the investment continues to meet business needs as intended as well as
alternatives to the investment: Provided further, That the Secretary
is authorized to use the services, facilities, and authorities (but not
the funds) of the Commodity Credit Corporation to make program payments
for all programs administered by the Agency: Provided further, That
other funds made available to the Agency for authorized activities may
be advanced to and merged with this account: Provided further, That
funds made available to county committees shall remain available until
expended: Provided further, That none of the funds available to the
Farm Service Agency shall be used to close Farm Service Agency county
offices: Provided further, That none of the funds available to the
Farm Service Agency shall be used to permanently relocate county based
employees that would result in an office with two or fewer employees
without prior notification and approval of the Committees on
Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $3,904,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
and Indian highly fractionated land loans (25 U.S.C. 488) to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: $2,750,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans; $1,960,000,000 for
unsubsidized guaranteed operating loans and $1,530,000,000 for direct
operating loans; emergency loans, $37,668,000; Indian tribe land
acquisition loans, $20,000,000; guaranteed conservation loans,
$150,000,000; Indian highly fractionated land loans, $10,000,000; and
for boll weevil eradication program loans, $30,000,000: Provided, That
the Secretary shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm operating loans,
$59,670,000 for direct operating loans, $21,168,000 for unsubsidized
guaranteed operating loans, emergency loans, $1,567,000 and $2,134,000
for Indian highly fractionated land loans to remain available until
expended.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $317,068,000: Provided, That of
this amount, $290,917,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses'':
Provided further, That of this amount $16,081,000 shall be transferred
to and merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $58,361,000:
Provided, That not to exceed $1,000 shall be available for official
reception and representation expenses, as authorized by 7 U.S.C.
1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$819,492,000, to remain available until September 30, 2020: Provided,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That of the amounts made available under this
heading, $5,600,000, shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for authorized
ongoing watershed projects with a primary purpose of providing water to
rural communities.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005
and 1007-1009) and in accordance with the provisions of laws relating
to the activities of the Department, $150,000,000, to remain available
until expended: Provided, That for funds provided by this Act or any
other prior Act, the limitation regarding the size of the watershed or
subwatershed exceeding two hundred and fifty thousand acres in which
such activities can be undertaken shall only apply for activities
undertaken for the primary purpose of flood prevention (including
structural and land treatment measures): Provided further, That of the
amounts made available under this heading, $50,000,000 shall be
allocated to projects and activities that can commence promptly
following enactment; that address regional priorities for flood
prevention, agricultural water management, inefficient irrigation
systems, fish and wildlife habitat, or watershed protection; or that
address authorized ongoing projects under the authorities of section 13
of the Flood Control Act of December 22, 1944 (Public Law 78-534) with
a primary purpose of watershed protection by preventing floodwater
damage and stabilizing stream channels, tributaries, and banks to
reduce erosion and sediment transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $10,000,000 is provided: Provided, That of the
amounts made available under this heading, $5,000,000 shall remain
available until expended for watershed rehabilitation projects in
states with high-hazard dams and other watershed structures and that
have recently incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the
funds available to the Commodity Credit Corporation under section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $236,835,000: Provided,
That no less than $6,000,000 shall be for information technology
investments: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be used for
advertising and promotional activities that support Rural Development
programs: Provided further, That in addition to any other funds
appropriated for purposes authorized by section 502(i) of the Housing
Act of 1949 (42 U.S.C. 1472(i)), any amounts collected under such
section, as amended by this Act, will immediately be credited to this
account and will remain available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $1,000,000,000 shall be for direct loans and $24,000,000,000
shall be for unsubsidized guaranteed loans; $28,000,000 for section 504
housing repair loans; $40,000,000 for section 515 rental housing;
$230,000,000 for section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing acquired
property; $5,000,000 for section 523 self-help housing land development
loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $67,700,000 shall be for
direct loans; section 504 housing repair loans, $3,419,000; section 523
self-help housing land development loans, $431,000; section 524 site
development loans, $176,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $9,484,000: Provided, That
to support the loan program level for section 538 guaranteed loans made
available under this heading the Secretary may charge or adjust any
fees to cover the projected cost of such loan guarantees pursuant to
the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.),
and the interest on such loans may not be subsidized: Provided
further, That applicants in communities that have a current rural area
waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q)
shall be treated as living in a rural area for purposes of section 502
guaranteed loans provided under this heading: Provided further, That
of the amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct loans for
individuals whose homes will be built pursuant to a program funded with
a mutual and self-help housing grant authorized by section 523 of the
Housing Act of 1949 until June 1, 2019: Provided further, That the
Secretary shall implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate the
acquisition of Rural Housing Service (RHS) multifamily housing
properties by such nonprofit organizations and public housing
authorities that commit to keep such properties in the RHS multifamily
housing program for a period of time as determined by the Secretary,
with such incentives to include, but not be limited to, the following:
allow such nonprofit entities and public housing authorities to earn a
Return on Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions, grants,
and developer loans at favorable rates and terms, invested in a deal;
and allow reimbursement of organizational costs associated with owner's
oversight of asset referred to as ``Asset Management Fee'' of up to
$7,500 per property.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949 (42
U.S.C. 1484, 1486), $16,853,000, to remain available until expended,
for direct farm labor housing loans and domestic farm labor housing
grants and contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged with this
account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the
Housing Act of 1949, $1,331,400,000, of which $40,000,000 shall be
available until September 30, 2020; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That
rental assistance agreements entered into or renewed during the current
fiscal year shall be funded for a one-year period: Provided further,
That any unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any debt
reduction; maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2019 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who
are not receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent practicable, be
applied to another farm labor multi-family housing project financed
under section 514 or 516 of the Act: Provided further, That except as
provided in the third proviso under this heading and notwithstanding
any other provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to fiscal year
2019 for a project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $51,500,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $27,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided
further, That the amount of such voucher shall be the difference
between comparable market rent for the section 515 unit and the tenant
paid rent for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to the
maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of Housing and
Urban Development: Provided further, That if the Secretary determines
that the amount made available for vouchers in this or any other Act is
not needed for vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph: Provided
further, That of the funds made available under this heading,
$24,500,000 shall be available for a demonstration program for the
preservation and revitalization of the sections 514, 515, and 516
multi-family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems appropriate,
expressly for the purposes of ensuring the project has sufficient
resources to preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives (including the
ability of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as part
of the preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional funds for
vouchers described in this paragraph are needed, funds for the
preservation and revitalization demonstration program may be used for
such vouchers: Provided further, That if Congress enacts legislation
to permanently authorize a multi-family rental housing loan
restructuring program similar to the demonstration program described
herein, the Secretary may use funds made available for the
demonstration program under this heading to carry out such legislation
with the prior approval of the Committees on Appropriations of both
Houses of Congress: Provided further, That in addition to any other
available funds, the Secretary may expend not more than $1,000,000
total, from the program funds made available under this heading, for
administrative expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $45,000,000, to remain available until
expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $148,287,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act of
1974, $4,285,000, to remain available until expended.
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $45,778,000, to remain
available until expended: Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally Recognized
Native American Tribes to undertake projects to improve housing,
community facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided: Provided
further, That $5,778,000 of the amount appropriated under this heading
shall be to provide grants for facilities in rural communities with
extreme unemployment and severe economic depression (Public Law 106-
387), with up to 5 percent for administration and capacity building in
the State rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be available for
community facilities grants to tribal colleges, as authorized by
section 306(a)(19) of such Act: Provided further, That sections 381E-H
and 381N of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $65,040,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, not to exceed $500,000 shall be made available for one grant
to a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development and
$8,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40
U.S.C. 15101 et seq.), and the Appalachian Regional Commission (40
U.S.C. 14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to funds
made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $4,157,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$557,000 shall be available through June 30, 2019, for Federally
Recognized Native American Tribes; and of which $1,072,000 shall be
available through June 30, 2019, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $29,100,000, of which $2,800,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $17,500,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 210A of the Agricultural Marketing Act of 1946,
of which $2,500,000 may be used for Agriculture Innovation Centers
authorized pursuant to section 6402 of Public Law 107-171.
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $334,500: Provided, That
the cost of loan guarantees, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct loans as
authorized by section 306 and described in section 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $1,400,000,000. For loan
guarantees and grants for rural water, waste water, waste disposal, and
solid waste management programs authorized by sections 306, 306A, 306C,
306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E,
and 381E(d)(2) of the Consolidated Farm and Rural Development Act,
$548,690,000, to remain available until expended, of which not to
exceed $1,000,000 shall be available for the rural utilities program
described in section 306(a)(2)(B) of such Act, and of which not to
exceed $1,500,000 shall be available for the rural utilities program
described in section 306E of such Act: Provided, That not to exceed
$15,000,000 of the amount appropriated under this heading shall be for
grants authorized by section 306A(i)(2) of the Consolidated Farm and
Rural Development Act in addition to funding authorized by section
306A(i)(1) of such Act and such grants may not exceed $1,000,000
notwithstanding section 306A(f)(1) of such Act: Provided further, That
$68,000,000 of the amount appropriated under this heading shall be for
loans and grants including water and waste disposal systems grants
authorized by section 306C(a)(2)(B) and section 306D of the
Consolidated Farm and Rural Development Act, and Federally Recognized
Native American Tribes authorized by 306C(a)(1) of such Act: Provided
further, That funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be provided to a consortium formed
pursuant to section 325 of Public Law 105-83: Provided further, That
not more than 2 percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by the State of
Alaska for training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by a consortium formed
pursuant to section 325 of Public Law 105-83 for training and technical
assistance programs: Provided further, That not to exceed $30,000,000
of the amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $8,000,000 shall be made available for a grant
to a qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $19,000,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $4,000,000 shall be for solid waste management grants:
Provided further, That $10,000,000 of the amount appropriated under
this heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances for high-
energy cost grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and
merged with the Rural Utilities Service, High Energy Cost Grants
Account: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized
by sections 305, 306, and 317 of the Rural Electrification Act of 1936
(7 U.S.C. 935, 936, and 940g) shall be made as follows: loans made
pursuant to sections 305, 306, and 317, notwithstanding 317(c), of that
Act, rural electric, $5,500,000,000; guaranteed underwriting loans
pursuant to section 313A, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural telecommunications loans,
and for loans made pursuant to section 306 of that Act, rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, design
and engineering or improvement of fossil-fueled electric generating
plants (whether new or existing) that utilize carbon subsurface
utilization and storage systems.
For the cost of direct loans as authorized by section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, cost of money rural telecommunications loans, $1,725,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$29,851,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $34,000,000, to remain
available until expended: Provided, That $3,000,000 shall be made
available for grants authorized by 379G of the Consolidated Farm and
Rural Development Act: Provided further, That funding provided under
this heading for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet all of the
eligibility criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by section 601 of
the Rural Electrification Act, $5,830,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $30,000,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $800,000: Provided, That funds
made available by this Act to an agency in the Food, Nutrition and
Consumer Services mission area for salaries and expenses are available
to fund up to one administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $23,140,781,000 to remain available through September 30,
2020, of which such sums as are made available under section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $17,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $30,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies and
schools to purchase the equipment, with a value of greater than $1,000,
needed to serve healthier meals, improve food safety, and to help
support the establishment, maintenance, or expansion of the school
breakfast program: Provided further, That of the total amount
available, $28,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of 2010
(Public Law 111-80): Provided further, That section 26(d) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d)) is
amended in the first sentence by striking ``2010 through 2018'' and
inserting ``2010 through 2019'': Provided further, That section
9(h)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(h)(3)) is amended in the first sentence by striking ``For fiscal
year 2018'' and inserting ``For fiscal year 2019'': Provided further,
That section 9(h)(4) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(h)(4)) is amended in the first sentence by striking
``For fiscal year 2018'' and inserting ``For fiscal year 2019''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,075,000,000, to remain available
through September 30, 2020: Provided, That notwithstanding section
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
not less than $60,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $19,000,000 shall be used
for infrastructure, of which $5,000,000 shall be for telehealth
competitive grants to supplement the nutrition education and
breastfeeding support offered in the WIC clinic, and to decrease
barriers to access to WIC services, particularly in rural communities,
and other populations facing barriers to accessing support: Provided
further, That none of the funds provided in this account shall be
available for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies unless
authorized by section 17 of such Act: Provided further, That upon
termination of a federally mandated vendor moratorium and subject to
terms and conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of a State
agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $73,476,921,000, of which $3,000,000,000,
to remain available through December 31, 2020, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
provided herein shall be expended in accordance with section 16 of the
Food and Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to provide
nutrition education services to State agencies and Federally Recognized
Tribes participating in the Food Distribution Program on Indian
Reservations: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available
through September 30, 2020: Provided further, That funds made
available under this heading for section 28(d)(1), section 4(b), and
section 27(a) of the Food and Nutrition Act of 2008 shall remain
available through September 30, 2020: Provided further, That none of
the funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183A): Provided further, That funds made
available under this heading may be used to enter into contracts and
employ staff to conduct studies, evaluations, or to conduct activities
related to program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $322,139,000, to
remain available through September 30, 2020: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2019 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2020: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 15 percent for
costs associated with the distribution of commodities: Provided
further, That $30,000,000 of prior year unobligated balances of the
Commodity Supplemental Food Program shall be transferred to The
Emergency Food Assistance Program to be used for administrative
expenses.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$164,688,000, of which $12,297,000 shall remain available through
September 30, 2021, for the development and dissemination of the
Dietary Guidelines for Americans: Provided, That of the funds provided
herein, $2,000,000 shall be used for the purposes of section 4404 of
Public Law 107-171, as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $875,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$3,976,000, including not to exceed $40,000 for official reception and
representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $213,890,000, of which no more than 6 percent shall
remain available until September 30, 2020, for overseas operations to
include the payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to
the agricultural food production assistance programs (7 U.S.C. 1737)
and the foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting fluctuations
in international currency exchange rates, subject to documentation by
the Foreign Agricultural Service, shall remain available until
expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program of
title I, Food for Peace Act (Public Law 83-480) and the Food for
Progress Act of 1985, $142,000, shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,500,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $210,255,000, to remain available until expended, of which
$1,000,000 is for the use of recently developed potable water
technologies in school feeding projects: Provided, That the Commodity
Credit Corporation is authorized to provide the services, facilities,
and authorities for the purpose of implementing such section, subject
to reimbursement from amounts provided herein: Provided further, That
of the amount made available under this heading, $15,000,000, shall
remain available until expended for necessary expenses to carry out the
provisions of section 3207 of the Agricultural Act of 2014 (7 U.S.C.
1726c).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$8,845,000, to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $6,382,000 shall
be transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $2,463,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; in addition to amounts appropriated
to the FDA Innovation Account, for carrying out the activities
described in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to exceed
$25,000; and notwithstanding section 521 of Public Law 107-188;
$5,584,965,000: Provided, That of the amount provided under this
heading, $1,010,323,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to this
account and remain available until expended; $204,730,000 shall be
derived from medical device user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until expended;
$501,721,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $38,847,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-
52, and shall be credited to this account and remain available until
expended; $30,331,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $18,335,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and
shall be credited to this account and remain available until expended;
$712,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that
exceed the respective fiscal year 2019 limitations are appropriated and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and generic new animal drug assessments for fiscal year 2019, including
any such fees collected prior to fiscal year 2019 but credited for
fiscal year 2019, shall be subject to the fiscal year 2019 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2019 of user fees specified under this heading and authorized for
fiscal year 2020, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2020 for which the Secretary
accepts payment in fiscal year 2019 shall not be included in amounts
under this heading: Provided further, That none of these funds shall
be used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $1,059,980,000 shall be for the Center for
Food Safety and Applied Nutrition and related field activities in the
Office of Regulatory Affairs, of which no less than $15,000,000 shall
be used for inspections of foreign seafood manufacturers and field
examinations of imported seafood; (2) $1,879,927,000 shall be for the
Center for Drug Evaluation and Research and related field activities in
the Office of Regulatory Affairs; (3) $402,144,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $223,611,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $556,179,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $66,712,000
shall be for the National Center for Toxicological Research; (7)
$666,832,000 shall be for the Center for Tobacco Products and for
related field activities in the Office of Regulatory Affairs; (8)
$173,847,000 shall be for Rent and Related activities, of which
$50,587,000 is for White Oak Consolidation, other than the amounts paid
to the General Services Administration for rent; (9) $237,849,000 shall
be for payments to the General Services Administration for rent; and
(10) $317,884,000 shall be for other activities, including the Office
of the Commissioner of Food and Drugs, the Office of Foods and
Veterinary Medicine, the Office of Medical and Tobacco Products, the
Office of Global and Regulatory Policy, the Office of Operations, the
Office of the Chief Scientist, and central services for these offices:
Provided further, That not to exceed $25,000 of this amount shall be
for official reception and representation expenses, not otherwise
provided for, as determined by the Commissioner: Provided further,
That any transfer of funds pursuant to section 770(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from
amounts made available under this heading for other activities:
Provided further, That of the amounts that are made available under
this heading for ``other activities'', and that are not derived from
user fees, $1,500,000 shall be transferred to and merged with the
appropriation for ``Department of Health and Human Services--Office of
Inspector General'' for oversight of the programs and operations of the
Food and Drug Administration and shall be in addition to funds
otherwise made available for oversight of the Food and Drug
Administration: Provided further, That of the total amount made
available under this heading, $3,000,000 shall be used by the
Commissioner of Food and Drugs, in coordination with the Secretary of
Agriculture, for consumer outreach and education regarding agricultural
biotechnology and biotechnology-derived food products and animal feed,
including through publication and distribution of science-based
educational information on the environmental, nutritional, food safety,
economic, and humanitarian impacts of such biotechnology, food
products, and feed: Provided further, That funds may be transferred
from one specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale
distributor licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and inspection fees
authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees
authorized by 21 U.S.C. 384d(c)(8), and medical countermeasure priority
review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and,
contingent upon the enactment of the Over-the-Counter Monograph User
Fee Act of 2019, fees relating to over-the-counter monograph drugs
authorized by part 10 of subchapter C of Chapter VII of the Federal
Food, Drug and Cosmetic Act shall be credited to this account, to
remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise
provided, $11,788,000, to remain available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes under the heading ``Salaries and
Expenses'', $70,000,000, to remain available until expended: Provided,
That amounts appropriated in this paragraph are appropriated pursuant
to section 1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such Act, and
may be transferred by the Commissioner of Food and Drugs to the
appropriation for ``Department of Health and Human Services Food and
Drug Administration Salaries and Expenses'' solely for the purposes
provided in such Act: Provided further, That upon a determination by
the Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $74,600,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically provided
for, of not to exceed 71 passenger motor vehicles of which 68 shall be
for replacement only, and for the hire of such vehicles: Provided,
That notwithstanding this section, the only purchase of new passenger
vehicles shall be for those determined by the Secretary to be necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of plant and capital equipment necessary for the delivery
of financial, administrative, and information technology services of
primary benefit to the agencies of the Department of Agriculture, such
transferred funds to remain available until expended: Provided, That
none of the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without written notification to and the
prior approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds appropriated by
this Act or made available to the Department's Working Capital Fund
shall be available for obligation or expenditure to make any changes to
the Department's National Finance Center without written notification
to and prior approval of the Committees on Appropriations of both
Houses of Congress as required by section 716 of this Act: Provided
further, That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be available
for obligation or expenditure to initiate, plan, develop, implement, or
make any changes to remove or relocate any systems, missions, or
functions of the offices of the Chief Financial Officer or any
personnel from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropriations
of both Houses of Congress and in accordance with the requirements of
section 716 of this Act: Provided further, That the Secretary of
Agriculture and the offices of the Chief Financial Officer shall
actively market to existing and new Departments and other government
agencies National Finance Center shared services including, but not
limited to, payroll, financial management, and human capital shared
services and allow the National Finance Center to perform technology
upgrades: Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture attributable to
the amounts in excess of the true costs of the shared services provided
by the National Finance Center and budgeted for the National Finance
Center, the Secretary shall reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including equipment
for the improvement, delivery, and implementation of financial,
administrative, and information technology services, and other systems
of the National Finance Center or to pay any unforeseen, extraordinary
cost of the National Finance Center: Provided further, That none of
the amounts reserved shall be available for obligation unless the
Secretary submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress: Provided
further, That the limitations on the obligation of funds pending
notification to Congressional Committees shall not apply to any
obligation that, as determined by the Secretary, is necessary to
respond to a declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate employees of
the National Finance Center to a safe haven to continue operations of
the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That, notwithstanding section 11319 of
title 40, United States Code, none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects, contracts, or other agreements over $25,000 prior to
receipt of written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an agency to
obligate funds without written approval from the Chief Information
Officer for projects, contracts, or other agreements up to $250,000
based upon the performance of an agency measured against the
performance plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or
guaranteed loan under the Rural Electrification Act of 1936, or any
not-for-profit utility that is eligible to receive an insured or direct
loan under such Act, shall be eligible for assistance under section
313B(a) of such Act in the same manner as a borrower under such Act.
Sec. 709. Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2020, for
information technology expenses: Provided, That except as otherwise
specifically provided by law, unobligated balances from appropriations
made available for salaries and expenses in this Act for the Rural
Development mission area shall remain available through September 30,
2020, for information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by
the Agricultural Act of 2014 (Public Law 113-79) or by a successor to
that Act, other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in that Act,
that is authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associated
with the implementation of the program, without regard to the
limitation on the total amount of allotments and fund transfers
contained in section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and fund
transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,900,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as
``section 14222''), none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to
as ``section 32'') in excess of $1,299,600,000 (exclusive of carryover
appropriations from prior fiscal years), as follows: Child Nutrition
Programs Entitlement Commodities--$485,000,000; State Option
Contracts-- $5,000,000; Removal of Defective Commodities-- $2,500,000;
Administration of Section 32 Commodity Purchases--$35,853,000:
Provided, That of the total funds made available in the matter
preceding this proviso that remain unobligated on October 1, 2019, such
unobligated balances shall carryover into fiscal year 2020 and shall
remain available until expended for any of the purposes of section 32,
except that any such carryover funds used in accordance with clause (3)
of section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses of
Congress at least two weeks in advance: Provided further, That, with
the exception of any available carryover funds authorized in any prior
appropriations Act to be used for the purposes of clause (3) of section
32, none of the funds appropriated or otherwise made available by this
or any other Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause (3) of
section 32.
Sec. 715. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2020 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106
(7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, or the Secretary of Health and
Human Services (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming of such funds
or the use of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Secretary of Agriculture or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming or
transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health and
Human Services shall notify in writing and receive approval from the
Committees on Appropriations of both Houses of Congress before
implementing any program or activity not carried out during the
previous fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves increasing
or decreasing funds in the current fiscal year for the individual
investment in excess of $500,000 or 10 percent of the total cost,
whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a center,
office, branch, or similar entity with five or more personnel; or
(3) carrying out activities or functions that were not
described in the budget request; unless the agencies funded by this
Act notify, in writing, the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of using the funds
for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture or the Secretary of
Health and Human Services receives from the Committee on Appropriations
of both Houses of Congress written or electronic mail confirmation of
receipt of the notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, or the Farm Credit Administration shall be used to
transmit or otherwise make available reports, questions, or responses
to questions that are a result of information requested for the
appropriations hearing process to any non-Department of Agriculture,
non-Department of Health and Human Services, or non-Farm Credit
Administration employee.
Sec. 719. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
60 days in a fiscal year unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of assignment.
Sec. 721. For the purposes of determining eligibility or level of
program assistance for Rural Development programs the Secretary shall
not include incarcerated prison populations.
Sec. 722. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration, and the Chairman of the Farm Credit
Administration shall submit to the Committees on Appropriations of both
Houses of Congress a detailed spending plan by program, project, and
activity for all the funds made available under this Act including
appropriated user fees, as defined in the joint explanatory statement
accompanying this Act.
Sec. 723. Of the unobligated balances from amounts made available
for the supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786), $500,000,000 are
hereby rescinded.
Sec. 724. The Secretary shall continue an intermediary loan
packaging program based on the pilot program in effect for fiscal year
2013 for packaging and reviewing section 502 single family direct
loans. The Secretary shall continue agreements with current
intermediary organizations and with additional qualified intermediary
organizations. The Secretary shall work with these organizations to
increase effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make available
from the national reserve section 502 loans an amount necessary to
support the work of such intermediaries and provide a priority for
review of such loans.
Sec. 725. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 726. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall
be available for obligation only for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary benefit
to the agencies of the Department of Agriculture.
Sec. 727. None of the funds made available by this Act may be used
to implement, administer, or enforce the ``variety'' requirements of
the final rule entitled ``Enhancing Retailer Standards in the
Supplemental Nutrition Assistance Program (SNAP)'' published by the
Department of Agriculture in the Federal Register on December 15, 2016
(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the
definition of the term ``variety'' as de fined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in
each staple food category exceeds the number of such items in each
staple food category included in the final rule as published on
December 15, 2016: Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to Supplemental
Nutrition Assistance Program retailers that were in effect on the day
before the date of the enactment of the Agricultural Act of 2014
(Public Law 113-79).
Sec. 728. None of the funds made available by this Act or any
other Act may be used--
(1) in contravention of section 7606 of the Agricultural Act of
2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing, sale, or use of
industrial hemp, or seeds of such plant, that is grown or
cultivated in accordance with subsection section 7606 of the
Agricultural Act of 2014, within or outside the State in which the
industrial hemp is grown or cultivated.
Sec. 729. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed under
such section and eligible lenders for such loans as the Secretary has
under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 730. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 731. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission
for an exemption for investigational use of a drug or biological
product under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo
is intentionally created or modified to include a heritable genetic
modification. Any such submission shall be deemed to have not been
received by the Secretary, and the exemption may not go into effect.
Sec. 732. None of the funds made available by this or any other
Act may be used to carry out the final rule promulgated by the Food and
Drug Administration and put into effect November 16, 2015, in regards
to the hazard analysis and risk-based preventive control requirements
of the current good manufacturing practice, hazard analysis, and risk-
based preventive controls for food for animals rule with respect to the
regulation of the production, distribution, sale, or receipt of dried
spent grain byproducts of the alcoholic beverage production process.
Sec. 733. Funds made available under title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator, are in place to ensure that emergency
food aid is received by the intended beneficiaries in areas affected by
food shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 734. None of the funds made available by this Act may be used
by the Secretary of Agriculture, acting through the Food and Nutrition
Service, to commence any new research and evaluation projects until the
Secretary submits to the Committees on Appropriations of both Houses of
Congress a research and evaluation plan for fiscal year 2019, prepared
in coordination with the Research, Education, and Economics mission
area of the Department of Agriculture, and a period of 30 days
beginning on the date of the submission of the plan expires to permit
Congressional review of the plan.
Sec. 735. There is hereby appropriated $10,000,000, to remain
available until expended, to carry out section 6407 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided,
That the Secretary may allow eligible entities, or comparable entities
that provide energy efficiency services using their own billing
mechanism to offer loans to customers in any part of their service
territory and to offer loans to replace a manufactured housing unit
with another manufactured housing unit, if replacement would be more
cost effective in saving energy.
Sec. 736. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of any
audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 737. No food that bears or contains partially hydrogenated
oils (as defined in the order published by the Food and Drug
Administration in the Federal Register on June 17, 2015 (80 Fed. Reg.
34650 et seq.)) shall be considered to be adulterated within the
meaning of subsection (a)(1) or (a)(2)(C)(i) of section 402 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)) because such
food contains such partially hydrogenated oils until the applicable
compliance dates specified by FDA in the Federal Register on May 21,
2018 (83 Fed. Reg. 23358 et seq.).
Sec. 738. For fiscal years 2019 through 2025, the Administrators
of the Agricultural Research Service and the Animal and Plant Health
Inspection Service may make not to exceed 50 appointments in any fiscal
year for employees of such agencies at the National Bio- and Agro-
defense Facility (NBAF) in Manhattan, Kansas: Provided, That such
appointments may be made in the manner provided by 7 U.S.C.
7657(b)(4)(A)(i-v): Provided further, That such appointments may be
made at a rate of basic pay that exceeds the rate payable for such
positions under the General Schedule or other applicable schedule, as
appropriate, but may not be more than the rate payable for a position
at level I of the Executive Schedule, unless the rate is approved by
the President under section 5377(d)(2) of title 5.
Sec. 739. There is hereby appropriated $1,000,000 for the
Secretary to carry out a pilot program that provides forestry inventory
analysis, forest management and economic outcomes modelling for certain
currently enrolled Conservation Reserve Program participants. The
Secretary shall allow the Commodity Credit Corporation to enter into
agreements with and provide grants to qualified non-profit
organizations dedicated to conservation, forestry and wildlife
habitats, that also have experience in conducting accurate forest
inventory analysis through the use of advanced, cost-effective
technology. The Secretary shall focus the analysis on lands enrolled
for at least eight years and located in areas with a substantial
concentration of acres enrolled under conservation practices devoted to
multiple bottomland hardwood tree species including CP03, CP03A, CP11,
CP22, CP31 and CP40.
Sec. 740. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water
Bank Act (16 U.S.C. 1301-1311).
Sec. 741. There is hereby appropriated $1,996,000 to carry out
section 1621 of Public Law 110-246.
Sec. 742. None of the funds made available by this Act may be used
to carry out any activities or incur any expense related to the
issuance of licenses under section 3 of the Animal Welfare Act (7
U.S.C. 2133), or the renewal of such licenses, to class B dealers who
sell dogs and cats for use in research, experiments, teaching, or
testing.
Sec. 743. There is appropriated $6,000,000 to the Commodity Credit
Corporation, in addition to amounts otherwise made available, for
section 1110(f)(3) of the Food Security Act of 1985 (7 U.S.C.
1736o(f)(3)).
Sec. 744. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926 et seq.) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water or wastewater
system unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than
25 percent.
(c) If the Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall make
available to the public on an informal basis a copy of the request and
information available to the Secretary or the designee concerning the
request, and shall allow for informal public input on the request for
at least 15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and accompanying
information available by electronic means, including on the official
public Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ``United States'' and
``State'' shall include each of the several States, the District of
Columbia, and each federally recognized Indian tribe.
Sec. 745. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2019, an amount of funds
made available in title III under the headings of Rural Housing
Insurance Fund Program Account, Mutual and Self-Help Housing Grants,
Rural Housing Assistance Grants, Rural Community Facilities Program
Account, Rural Business Program Account, Rural Development Loan Fund
Program Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to funds
provided under such headings in the most recent fiscal year any such
funds were obligated under such headings for REAP Zones.
Sec. 746. There is hereby appropriated $1,000,000, to remain
available until expended, for a pilot program for the Secretary to
provide grants to qualified non-profit organizations and public housing
authorities to provide technical assistance, including financial and
legal services, to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas where the
Secretary determines a risk of loss of affordable housing, by non-
profit housing organizations and public housing authorities as
authorized by law that commit to keep such properties in the RHS multi-
family housing program for a period of time as determined by the
Secretary.
Sec. 747. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 748. (a) The Secretary of Agriculture (referred to in this
section as the ``Secretary'') shall carry out a pilot program during
fiscal year 2019 with respect to the 2018 crop year for county-level
agriculture risk coverage payments under section 1117(b)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), that provides all or
some of the State Farm Service Agency offices in each State the
opportunity to provide agricultural producers in the State a
supplemental payment described in subsection (c) based on the alternate
calculation method described in subsection (b) for 1 or more counties
in a State if the office for that State determines that the alternate
calculation method is necessary to ensure that, to the maximum extent
practicable, there are not significant yield calculation disparities
between comparable counties in the State.
(b) The alternate calculation method referred to in subsection (a)
is a method of calculating the actual yield for the 2018 crop year for
county-level agriculture risk coverage payments under section
1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), under
which--
(1) county data of the National Agricultural Statistics Service
(referred to in this section as ``NASS data'') is used for the
calculations;
(2) if there is insufficient NASS data for a county (as
determined under standards of the Secretary in effect as of the
date of enactment of this Act) or the available NASS data produces
a substantially disparate result, the calculation of the county
yield is determined using comparable contiguous county NASS data as
determined by the Farm Service Agency office in the applicable
State; and
(3) if there is insufficient NASS data for a comparable
contiguous county (as determined under standards of the Secretary
in effect as of the date of enactment of this Act), the calculation
of the county yield is determined using reliable yield data from
other sources, such as Risk Management Agency data, National
Agricultural Statistics Service district data, National
Agricultural Statistics Service State yield data, or other data as
determined by the Farm Service Agency office in the applicable
State.
(c)(1) A supplemental payment made under the pilot program
established under this section may be made to an agricultural producer
who is subject to the alternate calculation method described in
subsection (b) if that agricultural producer would otherwise receive a
county-level agriculture risk coverage payment for the 2018 crop year
in an amount that is less than the payment that the agricultural
producer would receive under the alternate calculation method.
(2) The amount of a supplemental payment to an agricultural
producer under this section may not exceed the difference between--
(A) the payment that the agricultural producer would have
received without the alternate calculation method described in
subsection (b); and
(B) the payment that the agricultural producer would receive
using the alternate calculation method.
(d)(1) There is appropriated to the Secretary, out of funds of the
Treasury not otherwise appropriated, $5,000,000, to remain available
until September 30, 2020, to carry out the pilot program described in
this section.
(2) Of the funds appropriated, the Secretary shall use not more
than $5,000,000 to carry out the pilot program described in this
section.
(e)(1) To the maximum extent practicable, the Secretary shall
select States to participate in the pilot program under this section so
the cost of the pilot program equals the amount provided under
subsection (d).
(2) To the extent that the cost of the pilot program exceeds the
amount made available, the Secretary shall reduce all payments under
the pilot program on a pro rata basis.
(f) Nothing in this section affects the calculation of actual yield
for purposes of county-level agriculture risk coverage payments under
section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9017(b)(1)) other than payments made in accordance with the pilot
program under this section.
(g) A calculation of actual yield made using the alternate
calculation method described in subsection (b) shall not be used as a
basis for any agriculture risk coverage payment determinations under
section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) other than
for purposes of the pilot program under this section.
Sec. 749. None of the funds made available by this Act may be used
to procure raw or processed poultry products imported into the United
States from the People's Republic of China for use in the school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), the Child and Adult Care Food Program under
section 17 of such Act (42 U.S.C. 1766), the Summer Food Service
Program for Children under section 13 of such Act (42 U.S.C. 1761), or
the school breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 750. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note;
Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code of
Federal Regulations (or a successor regulation).
Sec. 751. In response to an eligible community where the drinking
water supplies are inadequate due to a natural disaster, as determined
by the Secretary, including drought or severe weather, the Secretary
may provide potable water through the Emergency Community Water
Assistance Grant Program for an additional period of time not to exceed
120 days beyond the established period provided under the Program in
order to protect public health.
Sec. 752. Of the total amounts made available by this Act for
direct loans and grants in the following headings: ``Rural Housing
Service--Rural Housing Insurance Fund Program Account''; ``Rural
Housing Service--Mutual and Self-Help Housing Grants''; ``Rural Housing
Service--Rural Housing Assistance Grants''; ``Rural Housing Service--
Rural Community Facilities Program Account''; ``Rural Business-
Cooperative Service--Rural Business Program Account''; ``Rural
Business-Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural Cooperative
Development Grants''; ``Rural Utilities Service--Rural Water and Waste
Disposal Program Account''; ``Rural Utilities Service--Rural
Electrification and Telecommunications Loans Program Account''; and
``Rural Utilities Service--Distance Learning, Telemedicine, and
Broadband Program'', to the maximum extent feasible, at least 10
percent of the funds shall be allocated for assistance in persistent
poverty counties under this section, including, notwithstanding any
other provision regarding population limits, any county seat of such a
persistent poverty county that has a population that does not exceed
the authorized population limit by more than 10 percent: Provided,
That for purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured by the
1980, 1990, and 2000 decennial censuses, and 2007-2011 American
Community Survey 5-year average: Provided further, That with respect
to specific activities for which program levels have been made
available by this Act that are not supported by budget authority, the
requirements of this section shall be applied to such program level.
Sec. 753. (a) No funds shall be used to finalize the proposed rule
entitled ``Eligibility of the People's Republic of China (PRC) to
Export to the United States Poultry Products from Birds Slaughtered in
the PRC'' published in the Federal Register by the Department of
Agriculture on June 16, 2017 (82 Fed. Reg. 27625), unless the Secretary
of Agriculture shall--
(1) ensure that the poultry slaughter inspection system for the
PRC is equivalent to that of the United States;
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry products
comply with all other applicable requirements for poultry products
in interstate commerce in the United States;
(3) conduct periodic verification reviews and audits of any
such plants in the PRC intending to export into the United States
processed poultry products;
(4) conduct re-inspection of such poultry products at United
States ports-of-entry to check the general condition of such
products, for the proper certification and labeling of such
products, and for any damage to such products that may have
occurred during transportation; and
(5) ensure that shipments of any such poultry products selected
to enter the United States are subject to additional re-inspection
procedures at appropriate levels to verify that the products comply
with relevant Federal regulations or standards, including
examinations for product defects and laboratory analyses to detect
harmful chemical residues or pathogen testing appropriate for the
products involved.
(b) This section shall be applied in a manner consistent with
obligations of the United States under any trade agreement to which the
United States is a party.
Sec. 754. In addition to any other funds made available in this
Act or any other Act, there is appropriated $5,000,000 to carry out
section 18(g)(8) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769(g)), to remain available until expended.
Sec. 755. None of the funds made available by this Act may be used
by the Food and Drug Administration to develop, issue, promote, or
advance any regulations applicable to food manufacturers for
population-wide sodium reduction actions or to develop, issue, promote
or advance final guidance applicable to food manufacturers for long
term population-wide sodium reduction actions until the date on which a
dietary reference intake report with respect to sodium is completed.
Sec. 756. There is hereby appropriated $2,000,000, to remain
available until September 30, 2020, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of 2014,
for necessary expenses of the Secretary to support projects that
provide access to healthy food in underserved areas, to create and
preserve quality jobs, and to revitalize low-income communities.
Sec. 757. For an additional amount for ``Animal and Plant Health
Inspection Service--Salaries and Expenses'', $8,500,000, to remain
available until September 30, 2020, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 758. None of the funds made available by this or any other
Act may be used to enforce the final rule promulgated by the Food and
Drug Administration entitled ``Standards for the Growing, Harvesting,
Packing, and Holding of Produce for Human Consumption,'' and published
on November 27, 2015, with respect to the regulation of the production,
distribution, sale, or receipt of grape varietals that are grown,
harvested and used solely for wine and receive commercial processing
that adequately reduces the presence of microorganisms of public health
significance.
Sec. 759. None of the funds made available by this Act may be used
to revoke an exception made--
(1) pursuant to the final rule of the Department of Agriculture
entitled ``Exceptions to Geographic Areas for Official Agencies
Under the USGSA'' (68 Fed. Reg. 19137 (April 18, 2003)); and
(2) on a date before April 14, 2017.
Sec. 760. For school year 2019-2020, only a school food authority
that had a negative balance in the nonprofit school food service
account as of December 31, 2018, shall be required to establish a price
for paid lunches in accordance with Section 12(p) of the Richard B.
Russell National School Lunch Act, 42 U.S.C. 1760(p).
Sec. 761. There is hereby appropriated $16,000,000, to remain
available until expended, for an additional amount for telemedicine and
distance learning services in rural areas, as authorized by 7 U.S.C.
950aaa et seq., to help address the opioid epidemic in rural America.
Sec. 762. (a) There is hereby appropriated $125,000,000, to remain
available until expended, for an additional amount for Sec. 779 of
Public Law 115-141.
(b) Section 313 of the Rural Electrification Act of 1936, as
amended (7 U.S.C. 940c), shall be applied for fiscal year 2019 and each
fiscal year thereafter until the specified funding has been expended as
if the following were inserted after the final period in subsection
(b)(2): ``In addition, the Secretary shall use $425,000,000 of funds
available in this subaccount in fiscal year 2019 for an additional
amount for the same purpose and under the same terms and conditions as
funds appropriated by Sec. 779 of Public Law 115-141.'': Provided,
That any use of such funds shall be treated as a reprogramming of funds
under section 716 of this Act.
Sec. 763. For an additional amount for the cost of direct loans
and grants made under the ``Rural Water and Waste Disposal Program
Account'', $75,000,000, to remain available until expended.
Sec. 764. There is hereby appropriated $5,000,000, to remain
available until September 30, 2020, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
Sec. 765. Not later than September 30, 2019, the Secretary of
Health and Human Services shall finalize the draft guidance for
industry entitled ``Bacterial Risk Control Strategies for Blood
Collection Establishments and Transfusion Services to Enhance the
Safety and Availability of Platelets for Transfusion'' issued by the
Food and Drug Administration in March of 2016.
Sec. 766. Not later than 180 days after the date of the enactment
of this section, the Secretary of Agriculture shall submit a report to
the Committees on Appropriations of both Houses of Congress that
includes a summary of the process used in establishing the 2020-2025
Dietary Guidelines for Americans published pursuant to section 301 of
the National Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341) and an explanation with respect to the decision to
incorporate or exclude in such Dietary Guidelines for Americans
recommendations from the report by the National Academies of Science,
Engineering, and Medicine entitled ``Redesigning the Process for
Establishing the Dietary Guidelines for Americans'' and issued
September, 2017.
Sec. 767. None of the funds made available by this Act shall be
used to implement, administer, or enforce the requirement in the final
rule entitled ``Food Labeling: Revision of the Nutrition and Supplement
Facts Labels'', published in the Federal Register on May 27, 2016 (81
Fed. Reg. 33742), that any single ingredient sugar, honey, agave, or
syrup (including maple syrup) that is packaged and offered for sale as
a single ingredient food bear the declaration ``Includes `X'g Added
Sugars''.
Sec. 768. None of the funds made available by this Act may be used
to implement or enforce the matter following the first comma in the
second sentence of footnote (c) of section 220.8(c) of title 7, Code of
Federal Regulations, with respect to the substitution of vegetables for
fruits under the school breakfast program established under section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 769. The Secretary of Agriculture shall provide to any State
or county impacted by a volcanic eruption covered by a major disaster
declared by the President in calendar year 2018 in accordance with
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) technical assistance--
(1) to assess damage to agricultural production and rural
infrastructure; and
(2) to develop recovery plans for impacted farmers, ranchers,
and rural communities.
Sec. 770. (a) The Secretary of Agriculture, in coordination with
the Administrator of the National Oceanic and Atmospheric
Administration, shall establish a working group (referred to in this
section as the ``working group'')--
(1) to study how mangroves, kelp forests, tidal marshes, and
seagrass meadows could help deacidify the oceans;
(2) to study emerging ocean farming practices that use kelp and
seagrass to deacidify the oceans while providing feedstock for
agriculture and other commercial and industrial inputs; and
(3) to coordinate and conduct research to develop and enhance
pilot-scale research for farming of kelp and seagrass in order--
(A) to deacidify ocean environments;
(B) to produce a feedstock for agriculture; and
(C) to develop other scalable commercial applications for
kelp, seagrass, or products derived from kelp or seagrass.
(b) The working group shall include--
(1) the Secretary of Agriculture;
(2) the Administrator of the National Oceanic and Atmospheric
Administration;
(3) representatives of any relevant offices within the National
Oceanic and Atmospheric Administration; and
(4) the Assistant Secretary of Energy for Energy Efficiency and
Renewable Energy.
(c) Not later than 2 years after the date of enactment of this Act,
the working group shall submit to Congress a report that includes--
(1) the findings of the research described in subsection (a);
(2) the results of the pilot-scale research described in
subsection (a)(3); and
(3) any policy recommendations based on those findings and
results.
Sec. 771. Not later than 180 days after the date of enactment of
this Act, the Secretary of Agriculture shall submit to Congress a
report describing the ways in which conservation programs administered
by the Natural Resources Conservation Service may be better used for
the conservation of ocelots (Leopardus pardalis) and any action taken
by the Chief of the Natural Resources Conservation Service relating to
the conservation of ocelots.
Sec. 772. Not later than 1 year after the date of enactment of
this Act, the Rural Housing Service of the Department of Agriculture
shall submit to Congress a report including--
(1) a description of--
(A) the number of properties assisted under title V of the
Housing Act of 1949 (42 U.S.C. 1471 et seq.) that are reaching
the end of their loan term;
(B) the location of each property described in subparagraph
(A);
(C) the number of units in each property described in
subparagraph (A); and
(D) the date on which each the loan for each property
described in subparagraph (A) is expected to reach maturity;
(2) the strategy of the Rural Housing Service to preserve the
long-term affordability of the properties described in paragraph
(1)(A) when the loan matures; and
(3) a description of the resources and tools that the Rural
Housing Service needs from Congress in order to preserve the long-
term affordability of the properties described in paragraph (1)
(A).
Sec. 773. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall, not
later than July 1, 2019, and following the review required under
Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review), issue advice revising the advice provided in the
notice of availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug Administration;
Revised Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19,
2017)), in a manner that is consistent with nutrition science
recognized by the Food and Drug Administration on the net effects of
seafood consumption.
Sec. 774. In addition to any funds made available in this Act or
any other Act, there is hereby appropriated $5,000,000, to remain
available until September 30, 2020, for grants from the National
Institute of Food and Agriculture to the 1890 Institutions to support
the Centers of Excellence.
Sec. 775. Section 6(e)(1)(B) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking
``September 30, 2020'' and inserting ``September 30, 2018''.
Sec. 776. During fiscal year 2019, the Food and Drug
Administration shall not allow the introduction or delivery for
introduction into interstate commerce of any food that contains
genetically engineered salmon until the FDA publishes final labeling
guidelines for informing consumers of such content.
Sec. 777. In addition to funds appropriated in this Act, there is
hereby appropriated $216,000,000, to remain available until expended,
under the heading ``Food for Peace Title II Grants'': Provided, That
the funds made available under this section shall be used for the
purposes set forth in the Food for Peace Act for both emergency and
non-emergency purposes.
Sec. 778. There is appropriated to the ``Farm Service Agency''
$9,000,000 for purposes of making payments to producers impacted by an
oriental fruit fly quarantine as referenced in H.Rpt.115-232 to remain
available until expended: Provided, That of the unobligated balances
available under Treasury symbol code 12 18/19 0600, $5,000,000 are
rescinded.
Sec. 779. In administering the pilot program established by
section 779 of division A of the Consolidated Appropriations Act, 2018
(Public Law 115-141), the Secretary of Agriculture shall--
(1) ensure that applicants that are determined to be ineligible
for the pilot program have a means of appealing or otherwise
challenging that determination in a timely fashion; and
(2) in determining whether an entity may overbuild or duplicate
broadband expansion efforts made by any entity that has received a
broadband loan from the Rural Utilities Service, not consider loans
that were rescinded or defaulted on, or loans the terms and
conditions of which were not met, if the entity under consideration
has not previously defaulted on, or failed to meet the terms and
conditions of, a Rural Utilities Service loan or had a Rural
Utilities Service loan rescinded.
Sec. 780. For the cost of loans and grants, $3,000,000 under the
same terms and conditions as authorized by section 379E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2008s):
Provided, That such costs of loans, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2019''.
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to sections 3702 and 3703 of title 44,
United States Code; full medical coverage for dependent members of
immediate families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of employees of
the International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28, United States Code, when such
claims arise in foreign countries; not to exceed $294,300 for official
representation expenses abroad; purchase of passenger motor vehicles
for official use abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie lines,
$495,000,000, to remain available until September 30, 2020, of which
$11,000,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding section 3302 of
title 31, United States Code: Provided, That, of amounts provided
under this heading, not less than $16,400,000 shall be for China
antidumping and countervailing duty enforcement and compliance
activities: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities; and that for the
purpose of this Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these activities.
Bureau of Industry and Security
operations and administration
(including transfer of funds)
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Control Reform Act of 2018
(subtitle B of title XVII of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019; Public Law 115-232; 132 Stat.
2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the
Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of
passenger motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established by law,
$118,050,000, to remain available until expended, except that of the
amount appropriated, not less than $4,550,000 shall remain available
until September 30, 2019, and shall only be available for contractor
support to implement the product exclusion process for articles covered
by actions taken under section 232 of the Trade Expansion Act of 1962
(19 U.S.C. 1862): Provided, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further, That
payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments: Provided
further, That the Secretary of Commerce may transfer up to $2,000,000
to this account, from funds available for ``Departmental Management,
Salaries and Expenses'' or for ``Departmental Management, Renovation
and Modernization'': Provided further, That any funds transferred
pursuant to the previous proviso shall remain available until September
30, 2019, and shall only be available for contractor support to
implement the product exclusion process for articles covered by actions
taken under section 232 of the Trade Expansion Act of 1962 (19 U.S.C.
1862): Provided further, That such transfer authority is in addition
to any other transfer authority contained in this Act: Provided
further, That any such transfer shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by section 27 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722),
$265,000,000, to remain available until expended, of which $23,500,000
shall be for grants under such section 27.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $39,000,000: Provided,
That these funds may be used to monitor projects approved pursuant to
title I of the Public Works Employment Act of 1976, title II of the
Trade Act of 1974, section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722), and the Community Emergency
Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $40,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$101,000,000, to remain available until September 30, 2020.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$270,000,000: Provided, That, from amounts provided herein, funds may
be used for promotion, outreach, and marketing activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics for periodic censuses and programs
provided for by law, $3,551,388,000, to remain available until
September 30, 2021: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities:
Provided further, That within the amounts appropriated, $3,556,000
shall be transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the Bureau of the Census: Provided further, That not more
than 50 percent of the amounts made available under this heading for
information technology related to 2020 census delivery, including the
Census Enterprise Data Collection and Processing (CEDCaP) program, may
be obligated until the Secretary updates the previous expenditure plan
and resubmits to the Committees on Appropriations of the House of
Representatives and the Senate a plan for expenditure that: (1)
identifies for each CEDCaP project/investment over $25,000: (A) the
functional and performance capabilities to be delivered and the mission
benefits to be realized; (B) an updated estimated lifecycle cost,
including cumulative expenditures to date by fiscal year, and all
revised estimates for development, maintenance, and operations; (C) key
milestones to be met; and (D) impacts of cost variances on other Census
programs; (2) details for each project/investment: (A) reasons for any
cost and schedule variances; and (B) top risks and mitigation
strategies; and (3) has been submitted to the Government Accountability
Office.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $39,500,000,
of which not to exceed $15,000,000 shall remain available until
September 30, 2020: Provided, That, notwithstanding 31 U.S.C. 1535(d),
the Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and related
services, and such fees shall be retained and used as offsetting
collections for costs of such spectrum services, to remain available
until expended: Provided further, That the Secretary of Commerce is
authorized to retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government agencies
for all costs incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication Sciences of
NTIA, in furtherance of its assigned functions under this paragraph,
and such funds received from other Government agencies shall remain
available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,370,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2019, so as to result in a fiscal year 2019
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2019, should the total amount of such
offsetting collections be less than $3,370,000,000 this amount shall be
reduced accordingly: Provided further, That any amount received in
excess of $3,370,000,000 in fiscal year 2019 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal year 2019
for official reception and representation expenses: Provided further,
That in fiscal year 2019 from the amounts made available for ``Salaries
and Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as
appropriate, and shall be available for the authorized purposes of
those accounts: Provided further, That any differences between the
present value factors published in OPM's yearly 300 series benefit
letters and the factors that OPM provides for USPTO's specific use
shall be recognized as an imputed cost on USPTO's financial statements,
where applicable: Provided further, That, notwithstanding any other
provision of law, all fees and surcharges assessed and collected by
USPTO are available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the Leahy-Smith
America Invents Act (Public Law 112-29): Provided further, That within
the amounts appropriated, $1,500,000 shall be transferred to the
``Office of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $724,500,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided further, That
NIST may provide local transportation for summer undergraduate research
fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$155,000,000, to remain available until expended, of which $140,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $15,000,000 shall be for the National Network for Manufacturing
Innovation (also known as ``Manufacturing USA'').
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards and
Technology Act (15 U.S.C. 278c-278e), $106,000,000, to remain available
until expended: Provided, That the Secretary of Commerce shall include
in the budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000, and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; pilot programs for state-
led fisheries management, notwithstanding any other provision of law;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities, $3,596,997,000, to remain available until
September 30, 2020: Provided, That fees and donations received by the
National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and expenses
associated with those activities, notwithstanding section 3302 of title
31, United States Code: Provided further, That in addition,
$157,980,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program; Fisheries Data
Collections, Surveys and Assessments; and Interjurisdictional Fisheries
Grants: Provided further, That of the $3,772,477,000 provided for in
direct obligations under this heading, $3,596,997,000 is appropriated
from the general fund, $157,980,000 is provided by transfer, and
$17,500,000 is derived from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated for
specific activities in the joint explanatory statement accompanying
this Act, or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures set
forth in section 505 of this Act: Provided further, That in addition,
for necessary retired pay expenses under the Retired Serviceman's
Family Protection and Survivor Benefits Plan, and for payments for the
medical care of retired personnel and their dependents under the
Dependents' Medical Care Act (10 U.S.C. ch. 55), such sums as may be
necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,755,349,000, to remain available
until September 30, 2021, except that funds provided for acquisition
and construction of vessels and construction of facilities shall remain
available until expended: Provided, That of the $1,768,349,000
provided for in direct obligations under this heading, $1,755,349,000
is appropriated from the general fund and $13,000,000 is provided from
recoveries of prior year obligations: Provided further, That any
deviation from the amounts designated for specific activities in the
joint explanatory statement accompanying this Act, or any use of
deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of
this Act: Provided further, That the Secretary of Commerce shall
include in budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or construction
project having a total of more than $5,000,000 and simultaneously the
budget justification shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years: Provided further, That, within the amounts appropriated,
$1,302,000 shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out investigations and
audits related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September
30, 2020: Provided, That, of the funds provided herein, the Secretary
of Commerce may issue grants to the States of Washington, Oregon,
Idaho, Nevada, California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are identified by
a State as at-risk to be so listed, for maintaining populations
necessary for exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be allocated based
on scientific and other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or documented in-
kind contributions of at least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $349,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fishery disaster assistance
For the necessary expenses associated with the mitigation of
fishery disasters, $15,000,000 to remain available until expended:
Provided, That funds shall be used for mitigating the effects of
commercial fishery failures and fishery resource disasters as declared
by the Secretary of Commerce.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2019, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $63,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $34,744,000: Provided, That notwithstanding section
6413(b) of the Middle Class Tax Relief and Job Creation Act of 2012
(Public Law 112-96), $2,000,000, to remain available until expended,
from the amounts provided under this heading, shall be derived from the
Public Safety Trust Fund for activities associated with carrying out
investigations and audits related to the First Responder Network
Authority (FirstNet).
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2012 (Public Law 112-55), as amended by section 105 of title I of
division B of Public Law 113-6, are hereby adopted by reference and
made applicable with respect to fiscal year 2019: Provided, That the
life cycle cost for the Joint Polar Satellite System is $11,322,125,000
and the life cycle cost for the Geostationary Operational Environmental
Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms,
or organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to
the Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian tribal government,
Territory, or possession, or of any political subdivision thereof, or
of any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may
be accessed and downloaded for free online. Should a customer still
require the Service to provide a printed or digital copy of the report
or document, the charge shall be limited to recovering the Service's
cost of processing, reproducing, and delivering such report or
document.
Sec. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of
NOAA is authorized to: (1) enter into grants and cooperative agreements
with; (2) use on a non-reimbursable basis land, services, equipment,
personnel, and facilities provided by; and (3) receive and expend funds
made available on a consensual basis from: a Federal agency, State or
subdivision thereof, local government, tribal government, territory, or
possession or any subdivisions thereof: Provided, That funds received
for permitting and related regulatory activities pursuant to this
section shall be deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and Facilities'' and
shall remain available until September 30, 2021, for such purposes:
Provided further, That all funds within this section and their
corresponding uses are subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the Bureau of the Census, shall
be available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
Sec. 111. Section 110(a) of the Department of Commerce
Appropriations Act, 2016 (Public Law 114-113) is amended--
(1) by striking ``management is'' and inserting ``management
is: (1)''; and
(2) by striking ``subsection (b).'' and inserting ``subsection
(b); or (2) for law enforcement activities conducted by States
under a joint enforcement agreement pursuant to section 311(h) of
the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861(h)), any other agreement with the Secretary entered
into pursuant to section 311(a) of such Act, or any similar
agreement authorized by law.''.
Sec. 112. Title II of Division B of Public Law 115-123 is amended
by striking ``Federal'' each place it appears under the heading
``Department of Commerce--National Oceanic and Atmospheric
Administration''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2019''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $113,000,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$32,000,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $40,000,000 to this account, from
funds available to the Department of Justice for information
technology, to remain available until expended, for enterprise-wide
information technology initiatives: Provided further, That the
transfer authority in the preceding proviso is in addition to any other
transfer authority contained in this Act: Provided further, That any
transfer pursuant to the first proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
executive office for immigration review
(including transfer of funds)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration Review,
$563,407,000, of which $4,000,000 shall be derived by transfer from the
Executive Office for Immigration Review fees deposited in the
``Immigration Examinations Fee'' account, and of which not less than
$11,400,000 shall be available for services and activities provided by
the Legal Orientation Program: Provided, That not to exceed
$35,000,000 of the total amount made available under this heading shall
remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$101,000,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $13,000,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor
has been appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; the administration of pardon and clemency petitions;
and rent of private or Government-owned space in the District of
Columbia, $904,000,000, of which not to exceed $20,000,000 for
litigation support contracts shall remain available until expended:
Provided, That of the amount provided for INTERPOL Washington dues
payments, not to exceed $685,000 shall remain available until expended:
Provided further, That of the total amount appropriated, not to exceed
$9,000 shall be available to INTERPOL Washington for official reception
and representation expenses: Provided further, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ``Salaries and Expenses, General Legal Activities''
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That of the amount appropriated, such sums as may be
necessary shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program under
section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to
reimburse the Office of Personnel Management for such salaries and
expenses: Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall remain
available until expended: Provided further, That of the amount
appropriated, not less than $193,715,000 shall be available for the
Criminal Division, including related expenses for the Mutual Legal
Assistance Treaty Program.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $10,000,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $164,977,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection (and estimated to be $136,000,000 in fiscal year 2019),
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal
year 2019, so as to result in a final fiscal year 2019 appropriation
from the general fund estimated at $28,977,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,212,000,000: Provided, That of the total amount appropriated, not
to exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $226,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits to
the United States Trustee System Fund and amounts herein appropriated
shall be available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any other
provision of law, fees deposited into the Fund pursuant to section
589a(b) of title 28, United States Code (as limited by section 1004(b)
of the Bankruptcy Judgeship Act of 2017 (division B of Public Law 115-
72)), shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended: Provided
further, That to the extent that fees deposited into the Fund in fiscal
year 2019, net of amounts necessary to pay refunds due depositors,
exceed $226,000,000, those excess amounts shall be available in future
fiscal years only to the extent provided in advance in appropriations
Acts: Provided further, That the sum herein appropriated from the
general fund shall be reduced (1) as such fees are received during
fiscal year 2019, net of amounts necessary to pay refunds due
depositors, (estimated at $360,000,000) and (2) to the extent that any
remaining general fund appropriations can be derived from amounts
deposited in the Fund in previous fiscal years that are not otherwise
appropriated, so as to result in a final fiscal year 2019 appropriation
from the general fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,409,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which not
to exceed $16,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $18,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may not be
transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$15,500,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,358,000,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related
support, $15,000,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,552,397,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18,
United States Code: Provided further, That the United States Marshals
Service shall be responsible for managing the Justice Prisoner and
Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $101,369,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals involved in
transnational organized crime and drug trafficking, $560,000,000, of
which $50,000,000 shall remain available until expended: Provided,
That any amounts obligated from appropriations under this heading may
be used under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $9,192,137,000, of which not to exceed $216,900,000 shall
remain available until expended: Provided, That not to exceed $184,500
shall be available for official reception and representation expenses:
Provided further, That in addition to other funds provided for
Construction projects, the Federal Bureau of Investigation may use up
to $150,000,000 appropriated in prior years under this heading for all
costs related to construction, renovation, and modification of
federally owned and leased space and expansion of network capabilities.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites by
purchase, or as otherwise authorized by law; conversion, modification
and extension of federally owned buildings; preliminary planning and
design of projects; and operation and maintenance of secure work
environment facilities and secure networking capabilities;
$385,000,000, to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs, $2,267,000,000, of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses: Provided, That the Drug Enforcement Administration may use
up to $5,700,000 appropriated in prior year funds under this heading
for necessary expenses of construction.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,316,678,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $20,000,000 shall remain available until expended: Provided,
That none of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives
to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $7,250,000,000: Provided, That the Attorney General may
transfer to the Department of Health and Human Services such amounts as
may be necessary for direct expenditures by that Department for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the Federal Prison System, furnish health
services to individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $5,400 shall be available
for official reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for necessary
operations until September 30, 2020: Provided further, That, of the
amounts provided for contract confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses:
Provided further, That the Director of the Federal Prison System may
accept donated property and services relating to the operation of the
prison card program from a not-for-profit entity which has operated
such program in the past, notwithstanding the fact that such not-for-
profit entity furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services, halfway
houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$264,000,000, to remain available until expended, of which $175,000,000
shall be available only for costs related to construction of new
facilities: Provided, That labor of United States prisoners may be
used for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11101 et seq.) (``the 1974 Act''); the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386) (``the 2000
Act''); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Violence Against Women Reauthorization Act of 2013 (Public Law 113-
4) (``the 2013 Act''); and the Rape Survivor Child Custody Act of 2015
(Public Law 114-22) (``the 2015 Act''); and for related victims
services, $497,500,000, to remain available until expended, which shall
be derived by transfer from amounts available for obligation in this
Act from the Fund established by section 1402 of chapter XIV of title
II of Public Law 98-473 (34 U.S.C. 20101), notwithstanding section
1402(d) of such Act of 1984, and merged with the amounts otherwise made
available under this heading: Provided, That except as otherwise
provided by law, not to exceed 5 percent of funds made available under
this heading may be used for expenses related to evaluation, training,
and technical assistance: Provided further, That of the amount
provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $36,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994 Act;
(3) $3,000,000 is for the National Institute of Justice and the
Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues addressed
by grant programs of the Office on Violence Against Women, which
shall be transferred to ``Research, Evaluation and Statistics'' for
administration by the Office of Justice Programs;
(4) $11,000,000 is for a grant program to provide services to
advocate for and respond to youth victims of domestic violence,
dating violence, sexual assault, and stalking; assistance to
children and youth exposed to such violence; programs to engage men
and youth in preventing such violence; and assistance to middle and
high school students through education and other services related
to such violence: Provided, That unobligated balances available
for the programs authorized by sections 41201, 41204, 41303, and
41305 of the 1994 Act, prior to its amendment by the 2013 Act,
shall be available for this program: Provided further, That 10
percent of the total amount available for this grant program shall
be available for grants under the program authorized by section
2015 of the 1968 Act: Provided further, That the definitions and
grant conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $53,000,000 is for grants to encourage arrest policies as
authorized by part U of the 1968 Act, of which $4,000,000 is for a
homicide reduction initiative;
(6) $37,500,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $42,000,000 is for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act;
(9) $45,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized by
section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of the
1994 Act, prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $6,000,000 is for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of the
2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by the
Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist tribal governments in
exercising special domestic violence criminal jurisdiction, as
authorized by section 904 of the 2013 Act: Provided, That the
grant conditions in section 40002(b) of the 1994 Act shall apply to
this program; and
(17) $1,500,000 is for the purposes authorized under the 2015
Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's
Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT
Our Children Act of 2008 (Public Law 110-401); subtitle D of title II
of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); the Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4) (``the 2013 Act''); and other programs, $80,000,000, to
remain available until expended, of which--
(1) $43,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act, of which $5,000,000 is for a nationwide incident-based
crime statistics program; and
(2) $37,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title I
of the 1968 Act and subtitle D of title II of the 2002 Act, of
which $4,000,000 is for research targeted toward developing a
better understanding of the domestic radicalization phenomenon, and
advancing evidence-based strategies for effective intervention and
prevention; $1,000,000 is for research to study the root causes of
school violence to include the impact and effectiveness of grants
made under the STOP School Violence Act; $1,000,000 is for a study
to better protect children against online predatory behavior as
part of the National Juvenile Online Victimization Studies (N-
JOVS); and $3,000,000 is for a national center for restorative
justice.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam
Walsh Act''); the Victims of Trafficking and Violence Protection Act of
2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-
403); the Victims of Crime Act of 1984 (Public Law 98-473); the
Mentally Ill Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416); the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public
Law 114-198) (``CARA''); the Justice for All Reauthorization Act of
2016 (Public Law 114-324); Kevin and Avonte's Law (division Q of Public
Law 115-141) (``Kevin and Avonte's Law''); the Keep Young Athletes Safe
Act of 2018 (title III of division S of Public Law 115-141) (``the Keep
Young Athletes Safe Act''); the STOP School Violence Act of 2018 (title
V of division S of Public Law 115-141) (``the STOP School Violence
Act''); the Fix NICS Act of 2018 (title VI of division S of Public Law
115-141); the Project Safe Neighborhoods Grant Program Authorization
Act of 2018 (Public Law 115-185); and the SUPPORT for Patients and
Communities Act (Public Law 115-271); and other programs,
$1,723,000,000, to remain available until expended as follows--
(1) $423,500,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g) of title I of
the 1968 Act shall not apply for purposes of this Act), of which,
notwithstanding such subpart 1, $12,000,000 is for the Officer
Robert Wilson III Memorial Initiative on Preventing Violence
Against Law Enforcement Officer Resilience and Survivability
(VALOR), $7,500,000 is for an initiative to support evidence-based
policing, $8,000,000 is for an initiative to enhance prosecutorial
decision-making, $2,400,000 is for the operationalization,
maintenance and expansion of the National Missing and Unidentified
Persons System, $2,500,000 is for an academic based training
initiative to improve police-based responses to people with mental
illness or developmental disabilities, $2,000,000 is for a student
loan repayment assistance program pursuant to section 952 of Public
Law 110-315, $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government, and
other programs, as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79), $2,000,000 is for a grant program
authorized by Kevin and Avonte's Law, $3,000,000 is for a regional
law enforcement technology initiative, $20,000,000 is for programs
to reduce gun crime and gang violence, as authorized by Public Law
115-185, $5,000,000 is for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405, and
for grants for wrongful conviction review, $2,000,000 is for
emergency law enforcement assistance for events occurring during or
after fiscal year 2019, as authorized by section 609M of the
Justice Assistance Act of 1984 (34 U.S.C. 50101), $2,000,000 is for
grants to States and units of local government to deploy managed
access systems to combat contraband cell phone use in prison,
$2,000,000 is for a program to improve juvenile indigent defense,
and $8,000,000 is for community-based violence prevention
initiatives;
(2) $243,500,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration and
Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater than
the actual cost for Federal immigration and other detainees housed
in State and local detention facilities;
(3) $85,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law 106-
386, for programs authorized under Public Law 109-164, or programs
authorized under Public Law 113-4;
(4) $14,000,000 for economic, high technology, white collar,
and Internet crime prevention grants, including as authorized by
section 401 of Public Law 110-403, of which $2,500,000 is for
competitive grants that help State and local law enforcement tackle
intellectual property thefts, and $2,000,000 for a competitive
grant program for training students in computer forensics and
digital investigation;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $25,000,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of title I
of the 1968 Act: Provided, That $1,500,000 is transferred directly
to the National Institute of Standards and Technology's Office of
Law Enforcement Standards for research, testing and evaluation
programs;
(7) $1,000,000 for the National Sex Offender Public Website;
(8) $75,000,000 for grants to States to upgrade criminal and
mental health records for the National Instant Criminal Background
Check System, of which no less than $25,000,000 shall be for grants
made under the authorities of the NICS Improvement Amendments Act
of 2007 (Public Law 110-180) and Fix NICS Act of 2018;
(9) $30,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $130,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $120,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities, including the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers program
(Public Law 108-405, section 303);
(B) $6,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(11) $48,000,000 for a grant program for community-based sexual
assault response reform;
(12) $12,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $37,500,000 for assistance to Indian tribes;
(14) $87,500,000 for offender reentry programs and research, as
authorized by the Second Chance Act of 2007 (Public Law 110-199),
without regard to the time limitations specified at section 6(1) of
such Act, of which not to exceed $6,000,000 is for a program to
improve State, local, and tribal probation or parole supervision
efforts and strategies, $5,000,000 is for Children of Incarcerated
Parents Demonstrations to enhance and maintain parental and family
relationships for incarcerated parents as a reentry or recidivism
reduction strategy, and $4,000,000 is for additional replication
sites employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions in
probation, and for a research project on the effectiveness of the
model: Provided, That up to $7,500,000 of funds made available in
this paragraph may be used for performance-based awards for Pay for
Success projects, of which up to $5,000,000 shall be for Pay for
Success programs implementing the Permanent Supportive Housing
Model;
(15) $66,500,000 for initiatives to improve police-community
relations, of which $22,500,000 is for a competitive matching grant
program for purchases of body-worn cameras for State, local and
Tribal law enforcement, $27,000,000 is for a justice reinvestment
initiative, for activities related to criminal justice reform and
recidivism reduction, and $17,000,000 is for an Edward Byrne
Memorial criminal justice innovation program;
(16) $347,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the following
programs, which shall address opioid abuse reduction consistent
with underlying program authorities--
(A) $77,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(B) $31,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(C) $30,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title
I of the 1968 Act;
(D) $22,000,000 for a veterans treatment courts program;
(E) $30,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products; and
(F) $157,000,000 for a comprehensive opioid abuse program;
(17) $2,500,000 for a competitive grant program authorized by
the Keep Young Athletes Safe Act; and
(18) $75,000,000 for grants to be administered by the Bureau of
Justice Assistance for purposes authorized under the STOP School
Violence Act:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113-4) (``the 2013 Act''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); and other juvenile
justice programs, $287,000,000, to remain available until expended as
follows--
(1) $60,000,000 for programs authorized by section 221 of the
1974 Act, and for training and technical assistance to assist
small, nonprofit organizations with the Federal grants process:
Provided, That of the amounts provided under this paragraph,
$500,000 shall be for a competitive demonstration grant program to
support emergency planning among State, local and tribal juvenile
justice residential facilities;
(2) $95,000,000 for youth mentoring grants;
(3) $24,500,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261 and
262 thereof--
(A) $5,000,000 shall be for the Tribal Youth Program;
(B) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated parents;
(C) $2,000,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(D) $9,000,000 shall be for an opioid-affected youth
initiative; and
(E) $8,000,000 shall be for an initiative relating to
children exposed to violence;
(4) $22,500,000 for programs authorized by the Victims of Child
Abuse Act of 1990;
(5) $82,000,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the 1974
Act (except that section 102(b)(4)(B) of the PROTECT Our Children
Act of 2008 (Public Law 110-401) shall not apply for purposes of
this Act); and
(6) $3,000,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of the
1990 Act:
Provided, That not more than 10 percent of each amount may be used
for research, evaluation, and statistics activities designed to benefit
the programs or activities authorized: Provided further, That not more
than 2 percent of the amounts designated under paragraphs (1) through
(3) and (6) may be used for training and technical assistance:
Provided further, That the two preceding provisos shall not apply to
grants and projects administered pursuant to sections 261 and 262 of
the 1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $24,800,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain available
until expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and
education payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available appropriations for
the Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); and the SUPPORT for Patients and
Communities Act (Public Law 115-271), $303,500,000, to remain available
until expended: Provided, That any balances made available through
prior year deobligations shall only be available in accordance with
section 505 of this Act: Provided further, That of the amount provided
under this heading--
(1) $228,500,000 is for grants under section 1701 of title I of
the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsection (i) of such section: Provided,
That, notwithstanding section 1704(c) of such title (34 U.S.C.
10384(c)), funding for hiring or rehiring a career law enforcement
officer may not exceed $125,000 unless the Director of the Office
of Community Oriented Policing Services grants a waiver from this
limitation: Provided further, That within the amounts appropriated
under this paragraph, $27,000,000 is for improving tribal law
enforcement, including hiring, equipment, training, anti-
methamphetamine activities, and anti-opioid activities: Provided
further, That of the amounts appropriated under this paragraph,
$6,500,000 is for community policing development activities in
furtherance of the purposes in section 1701: Provided further,
That of the amounts appropriated under this paragraph $37,000,000
is for regional information sharing activities, as authorized by
part M of title I of the 1968 Act, which shall be transferred to
and merged with ``Research, Evaluation, and Statistics'' for
administration by the Office of Justice Programs: Provided
further, That within the amounts appropriated under this paragraph,
no less than $3,000,000 is to support the Tribal Access Program:
Provided further, That within the amounts appropriated under this
paragraph, $2,000,000 is for training, peer mentoring, and mental
health program activities as authorized under the Law Enforcement
Mental Health and Wellness Act (Public Law 115-113);
(2) $10,000,000 is for activities authorized by the POLICE Act
of 2016 (Public Law 114-199);
(3) $8,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and laboratory
dump seizures: Provided, That funds appropriated under this
paragraph shall be utilized for investigative purposes to locate or
investigate illicit activities, including precursor diversion,
laboratories, or methamphetamine traffickers;
(4) $32,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary treatment
admissions for heroin and other opioids: Provided, That these
funds shall be utilized for investigative purposes to locate or
investigate illicit activities, including activities related to the
distribution of heroin or unlawful distribution of prescription
opioids, or unlawful heroin and prescription opioid traffickers
through statewide collaboration; and
(5) $25,000,000 is for competitive grants to be administered by
the Community Oriented Policing Services Office for purposes
authorized under the STOP School Violence Act (title V of division
S of Public Law 115-141).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $50,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape or incest: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any
way diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, or to
rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 208. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House
of Representatives and the Senate that the information technology
program has appropriate program management controls and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the joint
explanatory statement accompanying this Act, and to any use of
deobligated balances of funds provided under this title in previous
years.
Sec. 210. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76 or any successor administrative regulation, directive, or policy
for work performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title 28,
United States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by
this title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 3 percent of funds made available to the Office of
Justice Programs for grant or reimbursement programs may be used by
such Office to provide training and technical assistance; and
(2) up to 2.5 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or statistical
programs administered by the National Institute of Justice and the
Bureau of Justice Statistics, shall be transferred to and merged
with funds provided to the National Institute of Justice and the
Bureau of Justice Statistics, to be used by them for research,
evaluation, or statistical purposes, without regard to the
authorizations for such grant or reimbursement programs.
Sec. 213. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2016 through 2019 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local reentry
demonstration projects under part FF of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631 et
seq.), the requirements under section 2976(g)(1) of such part (34
U.S.C. 10631(g)(1)).
(2) For State, Tribal, and local reentry courts under part FF
of title I of such Act of 1968 (34 U.S.C. 10631 et seq.), the
requirements under section 2978(e)(1) and (2) of such part (34
U.S.C. 10633(e)(1) and (2)).
(3) For the prosecution drug treatment alternatives to prison
program under part CC of title I of such Act of 1968 (34 U.S.C.
10581), the requirements under the second sentence of section
2901(f) of such part (34 U.S.C. 10581(f)).
Sec. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 215. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer
to facilitate the transfer of an operable firearm to an individual if
the Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2019, except up to $12,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2019, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2019, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under section 526 of division
H of Public Law 113-76, section 524 of division G of Public Law 113-
235, section 525 of division H of Public Law 114-113, and such
authorities as are enacted for Performance Partnership Pilots in an
appropriations Act for fiscal years 2018 and 2019.
This title may be cited as the ``Department of Justice
Appropriations Act, 2019''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to
exceed $2,250 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $5,544,000.
National Space Council
For necessary expenses of the National Space Council, in carrying
out the purposes of Title V of Public Law 100-685 and Executive Order
13803, hire of passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, not to exceed $2,250 for
official reception and representation expenses, $1,965,000: Provided,
That notwithstanding any other provision of law, the National Space
Council may accept personnel support from Federal agencies,
departments, and offices, and such Federal agencies, departments, and
offices may detail staff without reimbursement to the National Space
Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $6,905,700,000, to remain available until
September 30, 2020: Provided, That, of the amounts provided,
$545,000,000 is for an orbiter and $195,000,000 is for a lander to meet
the science goals for the Jupiter Europa mission as recommended in
previous Planetary Science Decadal surveys: Provided further, That the
National Aeronautics and Space Administration shall use the Space
Launch System as the launch vehicles for the Jupiter Europa missions,
plan for an orbiter launch no later than 2023 and a lander launch no
later than 2025, and include in the fiscal year 2020 budget the 5-year
funding profile necessary to achieve these goals.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $725,000,000, to remain available until
September 30, 2020.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $926,900,000, to remain available until
September 30, 2020: Provided, That $180,000,000 shall be for RESTORE-
L.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $5,050,800,000, to remain available until
September 30, 2020: Provided, That not less than $1,350,000,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That
not less than $2,150,000,000 shall be for the Space Launch System (SLS)
launch vehicle, which shall have a lift capability not less than 130
metric tons and which shall have core elements and an Exploration Upper
Stage developed simultaneously: Provided further, That of the amounts
provided for SLS, not less than $150,000,000 shall be for Exploration
Upper Stage development: Provided further, That $592,800,000 shall be
for Exploration Ground Systems, including $48,000,000 for a second
mobile launch platform and associated SLS activities: Provided
further, That the National Aeronautics and Space Administration (NASA)
shall provide to the Committees on Appropriations of the House of
Representatives and the Senate, concurrent with the annual budget
submission, a 5-year budget profile for an integrated system that
includes the Space Launch System, the Orion Multi-Purpose Crew Vehicle,
and associated ground systems that will ensure an Exploration Mission-2
crewed launch as early as possible, as well as a system-based funding
profile for a sustained launch cadence beyond the initial crewed test
launch: Provided further, That $958,000,000 shall be for exploration
research and development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services;
space flight, spacecraft control and communications activities,
including operations, production, and services; maintenance and repair,
facility planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance and operation of mission and administrative
aircraft, $4,639,100,000, to remain available until September 30, 2020.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$110,000,000, to remain available until September 30, 2020, of which
$21,000,000 shall be for the Established Program to Stimulate
Competitive Research and $44,000,000 shall be for the National Space
Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $2,755,000,000, to remain available until
September 30, 2020.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $348,200,000, to remain available until
September 30, 2024: Provided, That proceeds from leases deposited into
this account shall be available for a period of 5 years to the extent
and in amounts as provided in annual appropriations Acts: Provided
further, That such proceeds referred to in the preceding proviso shall
be available for obligation for fiscal year 2019 in an amount not to
exceed $17,000,000: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 20145 of title
51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $39,300,000, of which
$500,000 shall remain available until September 30, 2020.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall remain
available, without fiscal year limitation, until a prize is claimed or
the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by NASA at
the theme, program, project and activity level. The spending plan, as
well as any subsequent change of an amount established in that spending
plan that meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
The unexpired balances of the ``Education'' account, for activities
for which funds are provided in this Act, may be transferred to the
``Science, Technology, Engineering, and Mathematics Engagement''
account established in this Act. Balances so transferred shall be
merged with the funds in the newly established account, but shall be
available under the same terms, conditions and period of time as
previously appropriated.
Not more than 50 percent of the amounts made available in this Act
for the Lunar Orbital Platform; Advanced Cislunar and Surface
Capabilities; Commercial LEO Development; and Lunar Discovery and
Exploration, excluding the Lunar Reconnaissance Orbiter, may be
obligated until the Administrator submits a multi-year plan to the
Committees on Appropriations of the House of Representatives and the
Senate that identifies estimated dates, by fiscal year, for Space
Launch System flights to build the Lunar Orbital Platform; the
commencement of partnerships with commercial entities for additional
LEO missions to land humans and rovers on the Moon; and conducting
additional scientific activities on the Moon. The multi-year plan shall
include key milestones to be met by fiscal year to achieve goals for
each of the lunar programs described in the previous sentence and
funding required by fiscal year to achieve such milestones.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $6,520,000,000, to remain available
until September 30, 2020, of which not to exceed $544,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other related
activities for the United States Antarctic program: Provided, That
receipts for scientific support services and materials furnished by the
National Research Centers and other National Science Foundation
supported research facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $295,740,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms
in the District of Columbia, $910,000,000, to remain available until
September 30, 2020.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); services authorized by section 3109 of title 5, United States
Code; hire of passenger motor vehicles; uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of Columbia;
and reimbursement of the Department of Homeland Security for security
guard services; $329,540,000: Provided, That not to exceed $8,280 is
for official reception and representation expenses: Provided further,
That contracts may be entered into under this heading in fiscal year
2019 for maintenance and operation of facilities and for other services
to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,370,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $15,350,000, of which
$400,000 shall remain available until September 30, 2020.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 10 percent by any such transfers. Any
transfer pursuant to this paragraph shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
The Director of the National Science Foundation (NSF) shall notify
the Committees on Appropriations of the House of Representatives and
the Senate at least 30 days in advance of any planned divestment
through transfer, decommissioning, termination, or deconstruction of
any NSF-owned facilities or any NSF capital assets (including land,
structures, and equipment) valued greater than $2,500,000.
This title may be cited as the ``Science Appropriations Act,
2019''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $10,065,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the chairperson, who is
permitted 125 billable days: Provided further, That none of the funds
appropriated in this paragraph shall be used for any activity or
expense that is not explicitly authorized by section 3 of the Civil
Rights Commission Act of 1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services
as authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $379,500,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until
such time as the Committees on Appropriations of the House of
Representatives and the Senate have been notified of such proposals, in
accordance with the reprogramming requirements of section 505 of this
Act: Provided further, That the Chair is authorized to accept and use
any gift or donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by section 3109 of title 5, United States Code, and not to exceed
$2,250 for official reception and representation expenses, $95,000,000,
to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $415,000,000,
of which $380,500,000 is for basic field programs and required
independent audits; $5,100,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $19,400,000 is for management and
grants oversight; $4,000,000 is for client self-help and information
technology; $4,500,000 is for a Pro Bono Innovation Fund; and
$1,500,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by section
5304 of title 5, United States Code, notwithstanding section 1005(d) of
the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided
further, That the authorities provided in section 205 of this Act shall
be applicable to the Legal Services Corporation: Provided further,
That, for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2018 and 2019, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), $3,516,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $53,000,000, of which $1,000,000 shall
remain available until expended: Provided, That of the total amount
made available under this heading, not to exceed $124,000 shall be
available for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized
by section 611 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
from the Trade Enforcement Trust Fund: Provided, That any transfer
pursuant to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $5,971,000, of which $500,000 shall remain available until
September 30, 2020: Provided, That not to exceed $2,250 shall be
available for official reception and representation expenses: Provided
further, That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2019, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program, project or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices,
programs or activities; (6) contracts out or privatizes any functions
or activities presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding for any
program, project or activity, or numbers of personnel by 10 percent; or
(8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term
in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the
status of balances of appropriations at the account level. For
unobligated, uncommitted balances and unobligated, committed balances
the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation
of a current accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such accounting
system and shall identify and describe in each quarterly report the
extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection of loan
collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101) in any
fiscal year in excess of $3,353,000,000 shall not be available for
obligation until the following fiscal year: Provided, That
notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall remain available
until expended to the Department of Justice Office of Inspector General
for oversight and auditing purposes; and (2) 5 percent shall be
available to the Office for Victims of Crime for grants, consistent
with the requirements of the Victims of Crime Act, to Indian tribes to
improve services for victims of crime.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in
any other manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 514. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information systems
against criteria developed by NIST and the Federal Bureau of
Investigation (FBI) to inform acquisition decisions for high-impact
and moderate-impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the presumptive awardee
against available and relevant threat information provided by the
FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate Federal
entity, conducted an assessment of any risk of cyber-espionage or
sabotage associated with the acquisition of such system, including
any risk associated with such system being produced, manufactured,
or assembled by one or more entities identified by the United
States Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or subsidized by the
People's Republic of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and supply
chain risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the FBI, that the
acquisition of such system is in the national interest of the
United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate and
the agency Inspector General.
Sec. 515. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 516. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or from
being otherwise eligible under the laws of the United States to
possess, ship, transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 517. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 518. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-Singapore
Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-Australia
Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 519. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Privacy
Act of 1986; The Fair Credit Reporting Act; The National Security Act
of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended
by these Acts.
Sec. 520. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent or more, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree
to which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or
procurement costs.
Sec. 521. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2019 until the enactment of the Intelligence
Authorization Act for fiscal year 2019.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
(rescissions)
Sec. 523. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, the following
funds are hereby rescinded, not later than September 30, 2019, from the
following accounts in the specified amounts--
(1) ``Economic Development Administration, Economic Development
Assistance Programs'', $10,000,000; and
(2) ``National Institute of Standards and Technology,
Industrial Technology Services'', $2,000,000.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby rescinded, not later than
September 30, 2019, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $151,000,000;
(2) ``Federal Bureau of Investigation, Salaries and Expenses'',
$124,326,000 including from, but not limited to, fees collected to
defray expenses for the automation of fingerprint identification
and criminal justice information services and associated costs;
(3) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $10,000,000;
(4) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $70,000,000;
(5) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $16,500,000; and
(6) ``Legal Activities, Assets Forfeiture Fund'', $674,000,000,
is permanently rescinded.
(c) The Departments of Commerce and Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2019, specifying the amount
of each rescission made pursuant to subsections (a) and (b).
(d) The amounts rescinded in subsections (a) and (b) shall not be
from amounts that were designated by the Congress as an emergency or
disaster relief requirement pursuant to the concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 524. (a) Any unobligated balances identified in the following
Treasury Appropriation Fund Symbols are hereby permanently cancelled:
80X0114; 80X0111; 80X0110; and 80X0112.
(b) Upon enactment of this Act:
(1) obligated balances in 80X0114 shall be transferred to and
merged with 80-0130, Construction and Environmental Compliance and
Restoration, and any upward adjustments to such obligations may be
made from 80-0130;
(2) obligated balances in 80X0111 shall be transferred to and
merged with 80-0122, Safety, Security and Mission Services, 80-
0115, Space Flight Capabilities and 80-0130, Construction and
Environmental Compliance and Restoration, and any upward
adjustments to such obligations may be made from 80-0122, 80-0115
and 80-0130;
(3) obligated balances in 80X0110 shall be transferred to and
merged with 80-0130, Construction and Environmental Compliance and
Restoration, and any upward adjustments to said obligations may be
made from 80-0130; and
(4) obligated balances in 80X0112 shall be transferred to and
merged with 80-0122, Safety, Security and Mission Services and 80-
0130, Construction and Environmental Compliance and Restoration,
and any upward adjustments to such obligations may be made from 80-
0122 and 80-0130.
(c) Following the cancellation of unobligated balances and transfer
of obligated balances in 80X0114, 80X0111, 80X0110 and 80X0112, such
accounts shall be closed. Any collections authorized or required to be
credited to these accounts that are not received before closing of such
accounts shall be deposited in the Treasury as miscellaneous receipts.
Sec. 525. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 526. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency, who are stationed in the United
States, at any single conference occurring outside the United States
unless such conference is a law enforcement training or operational
conference for law enforcement personnel and the majority of Federal
employees in attendance are law enforcement personnel stationed outside
the United States.
Sec. 527. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 528. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 529. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality
uses to track undisbursed balances in expired grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on the
first day of each fiscal year) for the department, agency, or
instrumentality and the total finances that have not been obligated
to a specific project remaining in the accounts.
Sec. 530. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA), the
Office of Science and Technology Policy (OSTP), or the National Space
Council (NSC) to develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any way with
China or any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of enactment of
this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA, OSTP, or NSC, after consultation with
the Federal Bureau of Investigation, have certified--
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, and the Federal Bureau of Investigation, no later than 30
days prior to the activity in question and shall include a description
of the purpose of the activity, its agenda, its major participants, and
its location and timing.
Sec. 531. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel to deny, or fail to act
on, an application for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the proposed
importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the Attorney
General prior to January 1, 2011, on the basis that the shotgun was
not particularly suitable for or readily adaptable to sporting
purposes.
Sec. 532. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim
assistance-related activity.
Sec. 533. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, the National Science Foundation,
the Commission on Civil Rights, the Equal Employment Opportunity
Commission, the International Trade Commission, the Legal Services
Corporation, the Marine Mammal Commission, the Offices of Science and
Technology Policy and the United States Trade Representative, the
National Space Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of Representatives and
the Senate within 45 days after the date of enactment of this Act.
Sec. 534. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 535. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance
that does not meet the basic requirements of a contract.
Sec. 536. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
Sec. 537. None of the funds made available under this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming,
or with respect to the District of Columbia, the Commonwealth of the
Northern Mariana Islands, Guam, or Puerto Rico, to prevent any of them
from implementing their own laws that authorize the use, distribution,
possession, or cultivation of medical marijuana.
Sec. 538. The Department of Commerce, the National Aeronautics and
Space Administration, and the National Science Foundation shall provide
a quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose of such
travel.
Sec. 539. Of the amounts made available by this Act, not less than
10 percent of each total amount provided, respectively, for Public
Works grants authorized by the Public Works and Economic Development
Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty counties''
means any county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the most recent Small Area Income and
Poverty Estimates.
Sec. 540. None of the funds provided in this Act shall be
available for obligation for the James Webb Space Telescope (JWST)
after December 31, 2019, if the individual identified under subsection
(c)(2)(E) of section 30104 of title 51, United States Code, as
responsible for JWST determines that the formulation and development
costs (with development cost as defined under section 30104 of title
51, United States Code) are likely to exceed $8,802,700,000, unless the
program is modified so that the costs do not exceed $8,802,700,000.
Sec. 541. None of the funds made available by this Act may be
expended during fiscal year 2019 to prepare for the shutdown of the
Stratospheric Observatory for Infrared Astronomy.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2019''.
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2019
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for,
real properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy activities;
domestic finance and tax policy activities, including technical
assistance to Puerto Rico; and Treasury-wide management policies and
programs activities, $214,576,000: Provided, That of the amount
appropriated under this heading--
(1) not to exceed $700,000 is for official reception and
representation expenses, of which necessary amounts shall be
available for expenses to support activities of the Financial
Action Task Force, and not to exceed $350,000 shall be for other
official reception and representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of a
confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted for
solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2020, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Critical Infrastructure Protection and Compliance
Policy, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, money launderers, drug kingpins, and other
national security threats, $159,000,000: Provided, That of the amounts
appropriated under this heading, up to $10,000,000 shall remain
available until September 30, 2020.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $25,208,000, to remain
available until September 30, 2021: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
the Chief Information Officer of the individual offices and bureaus
shall submit a spend plan for each investment to the Treasury Chief
Information Officer for approval: Provided further, That the submitted
spend plan shall be reviewed and approved by the Treasury Chief
Information Officer prior to the obligation of funds under this
heading: Provided further, That of the total amount made available
under this heading $1,000,000 shall be available for administrative
expenses for the Treasury Chief Information Officer to provide
oversight of the investments made under this heading: Provided
further, That such funds shall supplement and not supplant any other
amounts made available to the Treasury Chief Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $4,000,000, to
remain available until September 30, 2021: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to support or supplement ``Internal Revenue
Service, Operations Support'' or ``Internal Revenue Service, Business
Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$37,044,000, including hire of passenger motor vehicles; of which not
to exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2020, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of
which not to exceed $1,000 shall be available for official reception
and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; $170,250,000, of which $5,000,000 shall remain
available until September 30, 2020; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not to exceed
$500,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $23,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $12,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$117,800,000, of which not to exceed $34,335,000 shall remain available
until September 30, 2021.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $338,280,000; of which not to exceed $4,210,000, to remain
available until September 30, 2021, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$119,600,000; of which not to exceed $6,000 for official reception and
representation expenses; and of which not to exceed $50,000 shall be
available for cooperative research and development programs for
laboratory services; and provision of laboratory assistance to State
and local agencies with or without reimbursement: Provided, That of
the amount appropriated under this heading, $5,000,000 shall be for the
costs of accelerating the processing of formula and label applications:
Provided further, That of the amount appropriated under this heading,
$5,000,000, to remain available until September 30, 2020, shall be for
the costs associated with enforcement of the trade practice provisions
of the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2019 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-3, $250,000,000. Of the amount
appropriated under this heading--
(1) not less than $160,000,000, notwithstanding section 108(e)
of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to Small and/
or Emerging Community Development Financial Institutions Assistance
awards, is available until September 30, 2020, for financial
assistance and technical assistance under subparagraphs (A) and (B)
of section 108(a)(1), respectively, of Public Law 103-325 (12
U.S.C. 4707(a)(1)(A) and (B)), of which up to $1,600,000 may be
available for training and outreach under section 109 of Public Law
103-325 (12 U.S.C. 4708), of which up to $2,527,250 may be used for
the cost of direct loans, and of which up to $3,000,000,
notwithstanding subsection (d) of section 108 of Public Law 103-325
(12 U.S.C. 4707 (d)), may be available to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions to expand investments
that benefit individuals with disabilities: Provided, That the
cost of direct and guaranteed loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $25,000,000;
(2) not less than $16,000,000, notwithstanding section 108(e)
of Public Law 103-325 (12 U.S.C. 4707(e)), is available until
September 30, 2020, for financial assistance, technical assistance,
training, and outreach programs designed to benefit Native
American, Native Hawaiian, and Alaska Native communities and
provided primarily through qualified community development lender
organizations with experience and expertise in community
development banking and lending in Indian country, Native American
organizations, tribes and tribal organizations, and other suitable
providers;
(3) not less than $25,000,000 is available until September 30,
2020, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections (d)
and (e) of section 108 of Public Law 103-325 (12 U.S.C. 4707(d) and
(e)), is available until September 30, 2020, for a Healthy Food
Financing Initiative to provide financial assistance, technical
assistance, training, and outreach to community development
financial institutions for the purpose of offering affordable
financing and technical assistance to expand the availability of
healthy food options in distressed communities;
(5) up to $27,000,000 is available until September 30, 2019,
for administrative expenses, including administration of CDFI fund
programs and the New Markets Tax Credit Program, of which not less
than $1,000,000 is for development of tools to better assess and
inform CDFI investment performance, and up to $300,000 is for
administrative expenses to carry out the direct loan program; and
(6) during fiscal year 2019, none of the funds available under
this heading are available for the cost, as defined in section 502
of the Congressional Budget Act of 1974, of commitments to
guarantee bonds and notes under section 114A of the Riegle
Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4713a): Provided, That commitments to guarantee bonds and
notes under such section 114A shall not exceed $500,000,000:
Provided further, That such section 114A shall remain in effect
until December 31, 2019: Provided further, That of the funds
awarded under this heading, not less than 10 percent shall be used
for awards that support investments that serve populations living
in persistent poverty counties: Provided further, That for the
purposes of this paragraph and paragraph (1) above, the term
``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the past
30 years, as measured by the 1990 and 2000 decennial censuses and
the 2011-2015 5-year data series available from the American
Community Survey of the Census Bureau.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,491,554,000, of which not less than
$9,890,000 shall be for the Tax Counseling for the Elderly Program, of
which not less than $12,000,000 shall be available for low-income
taxpayer clinic grants, of which not less than $18,000,000, to remain
available until September 30, 2020, shall be available for a Community
Volunteer Income Tax Assistance matching grants program for tax return
preparation assistance, and of which not less than $207,000,000 shall
be available for operating expenses of the Taxpayer Advocate Service:
Provided, That of the amounts made available for the Taxpayer Advocate
Service, not less than $5,500,000 shall be for identity theft and
refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,860,000,000, of which not to exceed
$50,000,000 shall remain available until September 30, 2020, and of
which not less than $60,257,000 shall be for the Interagency Crime and
Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics
of income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,724,000,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2020; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2021, for research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided, That not
later than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate and the Comptroller General
of the United States detailing the cost and schedule performance for
its major information technology investments, including the purpose and
life-cycle stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and strategies the
Internal Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to be
incurred in the next quarter: Provided further, That the Internal
Revenue Service shall include, in its budget justification for fiscal
year 2020, a summary of cost and schedule performance information for
its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $150,000,000, to remain available until
September 30, 2021, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 30 days after the end of
each quarter, the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General of the United States detailing the
cost and schedule performance for major information technology
investments, including the purposes and life-cycle stages of the
investments; the reasons for any cost and schedule variances; the risks
of such investments and the strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental milestones
to be achieved and costs to be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 4 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
``Enforcement'' heading, and not to exceed 5 percent of any other
appropriation made available in this Act to the Internal Revenue
Service, may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory
scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the
Treasury Inspector General for Tax Administration entitled ``Review of
the August 2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award, or
recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program or
process takes into account the conduct and Federal tax compliance
of such employee or former employee.
Sec. 110. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 111. Except to the extent provided in section 6014, 6020, or
6201(d) of the Internal Revenue Code of 1986, no funds in this or any
other Act shall be available to the Secretary of the Treasury to
provide to any person a proposed final return or statement for use by
such person to satisfy a filing or reporting requirement under such
Code.
Sec. 112. In addition to the amounts otherwise made available in
this Act for the Internal Revenue Service, $77,000,000, to be available
until September 30, 2020, shall be transferred by the Commissioner to
the ``Taxpayer Services'', ``Enforcement'', or ``Operations Support''
accounts of the Internal Revenue Service for an additional amount to be
used solely for carrying out Public Law 115-97: Provided, That such
funds shall not be available until the Commissioner submits to the
Committees on Appropriations of the House of Representatives and the
Senate a spending plan for such funds.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 114. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'', ``Special
Inspector General for the Troubled Asset Relief Program'', ``Financial
Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and
``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between
such appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 115. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 116. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds from
the ``Bureau of the Fiscal Service-Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2019 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2019.
Sec. 121. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 122. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the Senate and
the House of Representatives not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 123. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided
by the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing
in the Franchise Fund.
Sec. 124. During fiscal year 2019--
(1) none of the funds made available in this or any other Act
may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for the
promotion of social welfare for purposes of section 501(c)(4) of
the Internal Revenue Code of 1986 (including the proposed
regulations published at 78 Fed. Reg. 71535 (November 29, 2013));
and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply after
the date of the enactment of this Act for purposes of determining
status under section 501(c)(4) of such Code of organizations
created on, before, or after such date.
Sec. 125. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives and the
Senate Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by object
class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within each
office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 126. Amounts made available under the heading ``Office of
Terrorism and Financial Intelligence'' shall be available to reimburse
the ``Departmental Offices--Salaries and Expenses'' account for
expenses incurred in such account for reception and representation
expenses to support activities of the Financial Action Task Force.
Sec. 127. Beginning in fiscal year 2019 and for each fiscal year
thereafter, amounts in the Bureau of Engraving and Printing Fund may be
used for the acquisition of necessary land for, and construction of, a
replacement currency production facility.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2019''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $13,081,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such expenses,
the amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $750,000, to
remain available until expended, for required maintenance, resolution
of safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,187,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $12,000,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $100,000,000, of which not to exceed
$12,800,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $102,000,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be expended for
the altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations: Provided
further, That of the funds made available for the Office of Management
and Budget by this Act, no less than three full-time equivalent senior
staff position shall be dedicated solely to the Office of the
Intellectual Property Enforcement Coordinator: Provided further, That
none of the funds provided in this or prior Acts shall be used,
directly or indirectly, by the Office of Management and Budget, for
evaluating or determining if water resource project or study reports
submitted by the Chief of Engineers acting through the Secretary of the
Army are in compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource planning
process: Provided further, That the Office of Management and Budget
shall have not more than 60 days in which to perform budgetary policy
reviews of water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office of
Management and Budget shall notify the appropriate authorizing and
appropriating committees when the 60-day review is initiated: Provided
further, That if water resource reports have not been transmitted to
the appropriate authorizing and appropriating committees within 15 days
after the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall assume
Office of Management and Budget concurrence with the report and act
accordingly.
In addition, $1,000,000 for the Office of Information and
Regulatory Affairs to hire additional personnel dedicated to regulatory
review and reforms: Provided, That these amounts shall be in addition
to any other amounts available for such purpose: Provided further,
That these funds may not be used to backfill vacancies.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $18,400,000:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $280,000,000,
to remain available until September 30, 2020, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for auditing
services and associated activities: Provided further, That,
notwithstanding the requirements of Public Law 106-58, any unexpended
funds obligated prior to fiscal year 2017 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as of
September 30, 2018, shall be funded at not less than the fiscal year
2018 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels based on clearly articulated
priorities and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the initial
allocation of fiscal year 2019 funding among HIDTAs not later than 45
days after enactment of this Act, and shall notify the Committees of
planned uses of discretionary HIDTA funding, as determined in
consultation with the HIDTA Directors, not later than 90 days after
enactment of this Act: Provided further, That upon a determination
that all or part of the funds so transferred from this appropriation
are not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House of
Representatives and the Senate, such amounts may be transferred back to
this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $118,327,000, to remain available until expended, which shall
be available as follows: $100,000,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,577,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of
Public Law 109-469; and $3,000,000, to remain available until expended,
shall be for activities authorized by section 103 of Public Law 114-
198: Provided, That amounts made available under this heading may be
transferred to other Federal departments and agencies to carry out such
activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available
until September 30, 2020.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $28,500,000, to remain available until expended:
Provided, That the Director of the Office of Management and Budget may
transfer these funds to one or more other agencies to carry out
projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $302,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, transfer not to exceed 10 percent of any such appropriation
to any other such appropriation, to be merged with and available for
the same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not
be increased by more than 50 percent by such transfers: Provided
further, That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. (a) During fiscal year 2019, any Executive order or
Presidential memorandum issued or revoked by the President shall be
accompanied by a written statement from the Director of the Office of
Management and Budget on the budgetary impact, including costs,
benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such order
or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations and
outlays as the result of such order or memorandum, listed by
Federal agency, for each year in the 5-fiscal-year period beginning
in fiscal year 2019; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year period
beginning in fiscal year 2019.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2019 due to a national emergency, the Director of
the Office of Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that such order or
memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda
shall only apply for Presidential memoranda estimated to have a
regulatory cost in excess of $100,000,000.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2019''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $84,703,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $15,999,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $32,016,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $18,882,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $5,144,383,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$8,475,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,150,450,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $49,750,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $607,110,000, of which not to exceed $20,000,000 shall remain
available until expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $92,413,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $29,819,000; of which $1,800,000 shall
remain available through September 30, 2020, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $18,953,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``27 years and 6 months'' and inserting ``28
years and 6 months''; and
(2) in the sixth sentence (relating to the District of Hawaii),
by striking ``24 years and 6 months'' and inserting ``25 years and
6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``25 years and 6 months'' and
inserting ``26 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``16 years'' and
inserting ``17 years'';
(2) in the second sentence (relating to the central District of
California), by striking ``15 years and 6 months'' and inserting
``16 years and 6 months''; and
(3) in the third sentence (relating to the western district of
North Carolina), by striking ``14 years'' and inserting ``15
years''.
This title may be cited as the ``Judiciary Appropriations Act,
2019''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$40,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$12,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$258,394,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,594,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $124,400,000, of which not to exceed
$2,500 is for official reception and representation expenses; for the
District of Columbia Court System, $74,400,000, of which not to exceed
$2,500 is for official reception and representation expenses; and
$45,000,000, to remain available until September 30, 2020, for capital
improvements for District of Columbia courthouse facilities: Provided,
That funds made available for capital improvements shall be expended
consistent with the District of Columbia Courts master plan study and
facilities condition assessment: Provided further, That, in addition
to the amounts appropriated herein, fees received by the District of
Columbia Courts for administering bar examinations and processing
District of Columbia bar admissions may be retained and credited to
this appropriation, to remain available until expended, for salaries
and expenses associated with such activities, notwithstanding section
450 of the District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.50): Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and expenses of
other Federal agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and the Senate, the District of Columbia Courts may
reallocate not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial Administration
in the District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, for employees of the
District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided, That not
more than $20,000,000 in unobligated funds provided in this account may
be transferred to and merged with funds made available under the
heading ``Federal Payment to the District of Columbia Courts,'' to be
available for the same period and purposes as funds made available
under that heading for capital improvements to District of Columbia
courthouse facilities: Provided further, That funds provided under
this heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That,
notwithstanding any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$256,724,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed $25,000
is for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002: Provided, That, of the funds appropriated under this heading,
$183,166,000 shall be for necessary expenses of Community Supervision
and Sex Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the provision of
services for or related to such persons, of which $5,919,000 shall
remain available until September 30, 2021 for costs associated with
relocation under a replacement lease for headquarters offices, field
offices, and related facilities: Provided further, That, of the funds
appropriated under this heading, $73,558,000 shall be available to the
Pretrial Services Agency, of which $7,304,000 shall remain available
until September 30, 2021 for costs associated with relocation under a
replacement lease for headquarters offices, field offices, and related
facilities: Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and expenses of
other Federal agencies: Provided further, That amounts under this
heading may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $45,858,000, of which $4,471,000 shall remain
available until September 30, 2021 for costs associated with relocation
under a replacement lease for headquarters offices, field offices, and
related facilities: Provided, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and expenses of
Federal agencies.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,150,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2020, to the Commission on Judicial Disabilities and Tenure, $295,000,
and for the Judicial Nomination Commission, $270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until expended,
for payments authorized under the Scholarships for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125
Stat. 211) including students who were not offered a scholarship during
any previous school year: Provided further, That within funds provided
for opportunity scholarships up to $1,200,000 shall be for the
activities specified in sections 3007(b) through 3007(d) of the Act and
up to $500,000 shall be for the activities specified in section 3009 of
the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$435,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $3,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth under the
heading ``part a--summary of expenses'' and at the rate set forth under
such heading, as included in the Fiscal Year 2019 Budget Request Act of
2018 submitted to Congress by the District of Columbia, as amended as
of the date of enactment of this Act: Provided, That notwithstanding
any other provision of law, except as provided in section 450A of the
District of Columbia Home Rule Act (section 1-204.50a, D.C. Official
Code), sections 816 and 817 of the Financial Services and General
Government Appropriations Act, 2009 (secs. 47-369.01 and 47-369.02,
D.C. Official Code), and provisions of this Act, the total amount
appropriated in this Act for operating expenses for the District of
Columbia for fiscal year 2019 under this heading shall not exceed the
estimates included in the Fiscal Year 2019 Budget Request Act of 2018
submitted to Congress by the District of Columbia, as amended as of the
date of enactment of this Act or the sum of the total revenues of the
District of Columbia for such fiscal year: Provided further, That the
amount appropriated may be increased by proceeds of one-time
transactions, which are expended for emergency or unanticipated
operating or capital needs: Provided further, That such increases
shall be approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of Columbia
Home Rule Act: Provided further, That the Chief Financial Officer of
the District of Columbia shall take such steps as are necessary to
assure that the District of Columbia meets these requirements,
including the apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District during fiscal
year 2019, except that the Chief Financial Officer may not reprogram
for operating expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $8,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan:
Provided, That the District of Columbia Water and Sewer Authority
provides a 100 percent match for this payment.
This title may be cited as the ``District of Columbia
Appropriations Act, 2019''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,100,000, to
remain available until September 30, 2020, of which not to exceed
$1,000 is for official reception and representation expenses.
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $268,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$50,000,000, to remain available until September 30, 2020, shall be for
the purchase of information technology and of which not less than
$3,000,000 shall be for expenses of the Office of the Inspector
General: Provided, That notwithstanding the limitations in 31 U.S.C.
1553, amounts provided under this heading are available for the
liquidation of obligations equal to current year payments on leases
entered into prior to the date of enactment of this Act: Provided
further, That for the purpose of recording and liquidating any lease
obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and recorded in
a no-year account in the Treasury, which has been established for the
sole purpose of recording adjustments for and liquidating such unpaid
obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $127,000,000, of which
$800,000 shall remain available until expended to carry out the
program, including administrative costs, required by section 1405 of
the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140;
15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2019, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the
Consumer Product Safety Commission in the Federal Register on November
19, 2014 (79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with the
National Highway Traffic Safety Administration and the Department
of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $9,200,000, of which $1,250,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act
of 2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $339,000,000, to remain available until expended: Provided, That
$339,000,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of 1934,
shall be retained and used for necessary expenses and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 2019 so as to result in a final fiscal year
2019 appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $339,000,000 in fiscal
year 2019 shall not be available for obligation: Provided further,
That remaining offsetting collections from prior years collected in
excess of the amount specified for collection in each such year and
otherwise becoming available on October 1, 2018, shall not be available
for obligation: Provided further, That, notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding system
that may be retained and made available for obligation shall not exceed
$130,284,000 for fiscal year 2019: Provided further, That, of the
amount appropriated under this heading, not less than $11,064,000 shall
be for the salaries and expenses of the Office of Inspector General.
administrative provision--federal communications commission
Sec. 510. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004 recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$42,982,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $71,250,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$26,200,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding
31 U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $309,700,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $136,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any other
provision of law, not to exceed $17,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2019, so as to result in a final fiscal
year 2019 appropriation from the general fund estimated at not more
than $156,700,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $9,285,082,000, of which--
(1) $958,900,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $767,900,000 shall be for the Department of
Transportation Lease Purchase Option, Washington, District of
Columbia;
(B) $191,000,000 shall be for the Calexico West Land Port
of Entry, Calexico, California:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the extent
that savings are effected in other such projects, but not to exceed
10 percent of the amounts included in a transmitted prospectus, if
required, unless advance approval is obtained from the Committees
on Appropriations of a greater amount;
(2) $663,219,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $276,837,000 is for Major Repairs and Alterations;
(B) $356,382,000 is for Basic Repairs and Alterations; and
(C) $30,000,000 is for Special Emphasis Programs for Fire
and Life Safety:
Provided, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall,
for prospectus projects, be limited to the amount identified for
each project, except each project in this or any previous Act may
be increased by an amount not to exceed 10 percent unless advance
approval is obtained from the Committees on Appropriations of a
greater amount: Provided further, That additional projects for
which prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the amounts
provided in this or any prior Act for ``Repairs and Alterations''
may be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum standards
for security in accordance with current law and in compliance with
the reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference between
the funds appropriated and expended on any projects in this or any
prior Act, under the heading ``Repairs and Alterations'', may be
transferred to Basic Repairs and Alterations or used to fund
authorized increases in prospectus projects: Provided further,
That the amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the Government
arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects;
(3) $5,418,845,000 for rental of space to remain available
until expended; and
(4) $2,244,118,000 for building operations to remain available
until expended: Provided, That the total amount of funds made
available from this Fund to the General Services Administration
shall not be available for expenses of any construction, repair,
alteration and acquisition project for which a prospectus, if
required by 40 U.S.C. 3307(a), has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus: Provided
further, That funds available in the Federal Buildings Fund may be
expended for emergency repairs when advance approval is obtained
from the Committees on Appropriations: Provided further, That
amounts necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control
as may be appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056, shall
be available from such revenues and collections: Provided further,
That revenues and collections and any other sums accruing to this
Fund during fiscal year 2019, excluding reimbursements under 40
U.S.C. 592(b)(2), in excess of the aggregate new obligational
authority authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and shall not
be available for expenditure except as authorized in appropriations
Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109; $60,000,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction, management, and communications; and services as
authorized by 5 U.S.C. 3109; $49,440,000, of which $26,890,000 is for
Real and Personal Property Management and Disposal; $22,550,000 is for
the Office of the Administrator, of which not to exceed $7,500 is for
official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$9,301,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $65,000,000: Provided, That not
to exceed $50,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $4,796,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses of the Office of Products and Programs,
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
for necessary expenses in support of interagency projects that enable
the Federal Government to enhance its ability to conduct activities
electronically, through the development and implementation of
innovative uses of information technology; $55,000,000, to be deposited
into the Federal Citizen Services Fund: Provided, That the previous
amount may be transferred to Federal agencies to carry out the purpose
of the Federal Citizen Services Fund: Provided further, That the
appropriations, revenues, reimbursements, and collections deposited
into the Fund shall be available until expended for necessary expenses
of Federal Citizen Services and other activities that enable the
Federal Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed $100,000,000:
Provided further, That appropriations, revenues, reimbursements, and
collections accruing to this Fund during fiscal year 2019 in excess of
such amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts: Provided
further, That the transfer authorities provided herein shall be in
addition to any other transfer authority provided in this Act.
technology modernization fund
For the Technology Modernization Fund, $25,000,000, to remain
available until expended, for technology-related modernization
activities.
asset proceeds and space management fund
For carrying out the purposes of the Federal Assets Sale and
Transfer Act of 2016 (Public Law 114-287), $25,000,000, to be deposited
into the Asset Proceeds and Space Management Fund, to remain available
until expended.
environmental review improvement fund
For necessary expenses of the Environmental Review Improvement Fund
established pursuant to 42 U.S.C. 4370m-8(d), $6,070,000, to remain
available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2019 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2020
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project Priorities
plan; and (3) includes a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading Federal
Buildings Fund, Limitations on Availability of Revenue, claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 526. With respect to each project funded under the heading
``Major Repairs and Alterations'' or ``Judiciary Capital Security
Program'', and with respect to E-Government projects funded under the
heading ``Federal Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act.
Sec. 527. The Administrator of General Services shall submit a
report to the Committees on Appropriations of the Senate and House of
Representatives not later than 30 days following implementation of the
initiative established under (c)(2) of Section 846 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 41
U.S.C. 1901 note) containing a market analysis and an implementation
strategy related to the requirements under subparagraph (h) of Section
846. The report shall address strategies and processes for proper
government safeguards to data management and privacy for incorporation
into the implementation of Section 846 to ensure a competitive
environment.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $1,000,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $44,490,000, to remain available until
September 30, 2020, and in addition not to exceed $2,345,000, to remain
available until September 30, 2020, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,875,000, to remain available until expended,
of which, notwithstanding sections 8 and 9 of such Act: (1) up to
$50,000 shall be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289); and (2)
up to $1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section 817(a) of
Public Law 106-568 (20 U.S.C. 5604(7)): Provided, That of the total
amount made available under this heading $200,000 shall be transferred
to the Office of Inspector General of the Department of the Interior,
to remain available until expended, for audits and investigations of
the Morris K. Udall and Stewart L. Udall Foundation, consistent with
the Inspector General Act of 1978 (5 U.S.C. App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,200,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $373,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $4,823,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $7,500,000, to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $6,000,000,
to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be
available until September 30, 2020, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $17,019,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $132,172,000: Provided,
That of the total amount made available under this heading, not to
exceed $14,000,000 shall remain available until September 30, 2020, for
information technology infrastructure modernization and Trust Fund
Federal Financial System migration or modernization, and shall be in
addition to funds otherwise made available for such purposes: Provided
further, That of the total amount made available under this heading,
$639,018 may be made available for strengthening the capacity and
capabilities of the acquisition workforce (as defined by the Office of
Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of such
workforce and information technology in support of acquisition
workforce effectiveness or for management solutions to improve
acquisition management; and in addition $133,483,000 for administrative
expenses, to be transferred from the appropriate trust funds of OPM
without regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs: Provided
further, That the provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by sections
8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title
5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during fiscal year 2019, accept donations of money, property, and
personal services: Provided further, That such donations, including
those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or reimbursement of
travel expenses, or for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,000,000, and in addition, not to exceed $25,265,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12) as amended by Public Law
107-304, the Whistleblower Protection Enhancement Act of 2012 (Public
Law 112-199), and the Uniformed Services Employment and Reemployment
Rights Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $26,535,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $15,200,000, to be derived by
transfer from the Postal Service Fund and expended as authorized by
section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $5,000,000, to
remain available until September 30, 2020.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,674,902,000, to remain available until
expended; of which not less than $15,206,000 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence; and of which not less than $75,081,000 shall be for the
Division of Economic and Risk Analysis.
In addition to the foregoing appropriation, for costs associated
with relocation under a replacement lease for the Commission's New York
regional office facilities, not to exceed $37,189,000, to remain
available until expended: Provided, That for purposes of calculating
the fee rate under section 31(j) of the Securities Exchange Act of 1934
(15 U.S.C. 78ee(j)) for fiscal year 2019, all amounts appropriated
under this heading shall be deemed to be the regular appropriation to
the Commission for fiscal year 2019: Provided further, That fees and
charges authorized by section 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed $1,674,902,000 of
such offsetting collections shall be available until expended for
necessary expenses of this account and not to exceed $37,189,000 of
such offsetting collections shall be available until expended for costs
under this heading associated with relocation under a replacement lease
for the Commission's New York regional office facilities: Provided
further, That the total amount appropriated under this heading from the
general fund for fiscal year 2019 shall be reduced as such offsetting
fees are received so as to result in a final total fiscal year 2019
appropriation from the general fund estimated at not more than $0:
Provided further, That if any amount of the appropriation for costs
associated with relocation under a replacement lease for the
Commission's New York regional office facilities is subsequently de-
obligated by the Commission, such amount that was derived from the
general fund shall be returned to the general fund, and such amounts
that were derived from fees or assessments collected for such purpose
shall be paid to each national securities exchange and national
securities association, respectively, in proportion to any fees or
assessments paid by such national securities exchange or national
securities association under section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) in fiscal year 2019.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $26,000,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $267,500,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2019: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2020:
Provided further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small Business
Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $247,700,000, to remain available until
September 30, 2020: Provided, That $131,000,000 shall be available to
fund grants for performance in fiscal year 2019 or fiscal year 2020 as
authorized by section 21 of the Small Business Act: Provided further,
That $31,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $18,000,000 shall be available for
grants to States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small Business
Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$21,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $9,120,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $4,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2019
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $7,500,000,000: Provided
further, That during fiscal year 2019 commitments for general business
loans authorized under section 7(a) of the Small Business Act shall not
exceed $30,000,000,000 for a combination of amortizing term loans and
the aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2019 commitments for loans
authorized under subparagraph (C) of section 502(7) of The Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2019
commitments to guarantee loans for debentures under section 303(b) of
the Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year 2019,
guarantees of trust certificates authorized by section 5(g) of the
Small Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $155,150,000, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $10,000,000, to
be available until expended, of which $1,000,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; and of which $9,000,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
administrative provisions--small business administration
(including rescission and transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 531. Of the unobligated balances from prior year
appropriations available under the ``Business Loans Program Account''
heading for the Certified Development Company Program, $50,000,000 are
hereby permanently rescinded: Provided, That no amounts may be
rescinded under this section from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 532. Section 12085 of Public Law 110-246 is repealed.
Sec. 533. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration under the
headings ``Salaries and Expenses'' and ``Business Loans Program
Account'' may be transferred to the Administration's information
technology system modernization and working capital fund (IT WCF), as
authorized by section 1077(b)(1) of title X of division A of the
National Defense Authorization Act for Fiscal Year 2018, for the
purposes specified in section 1077(b)(3) of such Act, upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts transferred to
the IT WCF under this section shall remain available for obligation
through September 30, 2022.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $55,235,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$250,000,000, to be derived by transfer from the Postal Service Fund
and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $51,515,000, of which $500,000
shall remain available until expended: Provided, That travel expenses
of the judges shall be paid upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2019, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization,
restructuring, relocation, or closing of offices, programs, or
activities, each agency or entity funded in this Act shall consult with
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the fiscal
year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries
and expenses for an agency shall be reduced by $100,000 per day for
each day after the required date that the report has not been submitted
to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2019 from appropriations made available for salaries
and expenses for fiscal year 2019 in this Act, shall remain available
through September 30, 2020, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal Revenue
Code of 1986 and exempt from taxation under section 501(a) of such
Code from the Department of the Treasury or the Internal Revenue
Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation report,
if such individual has given express written consent for such
request not more than 6 months prior to the date of such request
and during the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act may be used
for the interagency funding and sponsorship of a joint advisory
committee to advise on emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement and
Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the Civil
Service Retirement and Disability Fund by statutory provisions
other than subchapter III of chapter 83 or chapter 84 of title 5,
United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 620. In addition to amounts made available in prior fiscal
years, the Public Company Accounting Oversight Board (Board) shall have
authority to obligate funds for the scholarship program established by
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-
204) in an aggregate amount not exceeding the amount of funds collected
by the Board between January 1, 2018 and December 31, 2018, including
accrued interest, as a result of the assessment of monetary penalties.
Funds available for obligation in fiscal year 2019 shall remain
available until expended. Beginning in fiscal year 2020 and for each
fiscal year thereafter, monetary penalties collected pursuant to 15
U.S.C. 7215 shall be deposited in the Public Company Accounting
Oversight Board account as discretionary offsetting receipts.
Sec. 621. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 622. None of the funds in this Act may be used for the
Director of the Office of Personnel Management to award a contract,
enter an extension of, or exercise an option on a contract to a
contractor conducting the final quality review processes for background
investigation fieldwork services or background investigation support
services that, as of the date of the award of the contract, are being
conducted by that contractor.
Sec. 623. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 624. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 625. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner
that violates the Fourth Amendment to the Constitution of the United
States.
Sec. 626. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
the rules or regulations of the Commission for universal service high-
cost support for competitive eligible telecommunications carriers in a
way that is inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect on July
15, 2015: Provided, That this section shall not prohibit the
Commission from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II.
Sec. 627. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978, or to prevent or impede that Inspector
General's access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to the Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner. Each Inspector
General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House
of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
Sec. 628. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication activities, or other law enforcement- or
victim assistance-related activity.
Sec. 629. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Sec. 630. None of the funds appropriated or other-wise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program and unless such awards or incentive fees are consistent
with 16.401(e)(2) of the FAR.
Sec. 631. (a) None of the funds made available under this Act may
be used to pay for travel and conference activities that result in a
total cost to an Executive branch department, agency, board or
commission of more than $500,000 at any single conference unless the
agency or entity determines that such attendance is in the national
interest and advance notice is transmitted to the Committees on
Appropriations of the House of Representatives and the Senate that
includes the basis of that determination.
(b) None of the funds made available under this Act may be used to
pay for the travel to or attendance of more than 50 employees, who are
stationed in the United States, at any single conference occurring
outside the United States unless the agency or entity determines that
such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
Sec. 632. None of the funds made available by this Act may be used
for first-class or business-class travel by the employees of executive
branch agencies funded by this Act in contravention of sections 301-
10.122 through 301-10.125 of title 41, Code of Federal Regulations.
Sec. 633. In addition to any amounts appropriated or otherwise
made available for expenses related to enhancements to
www.oversight.gov, $2,000,000, to remain available until expended,
shall be provided for an additional amount for such purpose to the
Inspectors General Council Fund (Fund) established pursuant to Section
11(c)(3)(B) of the Inspector General Act of 1978 (5 U.S.C. App.), as
amended: Provided, That these amounts shall be in addition to any
amounts or any authority available to the Council of the Inspectors
General on Integrity and Efficiency under section 11 of the Inspector
General Act of 1978 (5 U.S.C. App.), as amended.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2019 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase of
any passenger motor vehicle (exclusive of buses, ambulances, law
enforcement vehicles, protective vehicles, and undercover surveillance
vehicles), is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits may be
exceeded by not to exceed $7,250 for police-type vehicles: Provided
further, That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles acquired
pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles: Provided further, That the limits set
forth in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel
cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in the continental United States
unless such person: (1) is a citizen of the United States; (2) is a
person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; or (4) is a
person who owes allegiance to the United States: Provided, That for
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, That for purposes of subsections (2) and (3) such affidavits
shall be submitted prior to employment and updated thereafter as
necessary: Provided further, That any person making a false affidavit
shall be guilty of a felony, and upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee of the
Government of the United States on the date of enactment of this Act,
or to international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply to the
employment as Wildland firefighters for not more than 120 days of
nonresident aliens employed by the Department of the Interior or the
USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 13693 (March 19,
2015), including any such programs adopted prior to the effective
date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation
of hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact
with any Member, committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment of such
other officer or employee or pertaining to the department or agency
of such other officer or employee in any way, irrespective of
whether such communication or contact is at the initiative of such
other officer or employee or in response to the request or inquiry
of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces
in rank, seniority, status, pay, or performance or efficiency
rating, denies promotion to, relocates, reassigns, transfers,
disciplines, or discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of employment of,
any other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing actions with
respect to such other officer or employee, by reason of any
communication or contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other
Act may be used to provide any non-public information such as mailing,
telephone or electronic mailing lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C. 105;
and
(2) includes a military department, as defined under section
102 of such title, the United States Postal Service, and the Postal
Regulatory Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, including improving coordination and reducing
duplication, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations, initiatives,
and activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-wide
Policy'' during fiscal year 2019 shall remain available for obligation
through September 30, 2020: Provided further, That such transfers or
reimbursements may only be made after 15 days following notification of
the Committees on Appropriations of the House of Representatives and
the Senate by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science and
Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall comply with any
relevant requirements in part 200 of title 2, Code of Federal
Regulations: Provided, That this section shall apply to direct
payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable
information relating to an individual's access to or use of any
Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party (including
another government agency) to collect, review, or obtain any
aggregation of data, derived from any means, that includes any
personally identifiable information relating to an individual's
access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to providing the Internet site services or to
protecting the rights or property of the provider of the Internet
site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a) with
respect to any Federal Government contract under the authority of
such Secretary if the Secretary determines that the waiver is
required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver under
paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2019, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment as
an incentive to separate, the separating agency shall remit to the
Civil Service Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of processing a
retirement claim for the preceding fiscal year. Such amounts shall
be available until expended to the Office of Personnel Management
and shall be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment described
in paragraph (1)) made by the entity, its officers or directors, or
any of its affiliates or subsidiaries to any person with the intent
or the reasonable expectation that the person will use the funds to
make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
has the meaning given such term in the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any other
Act may be used to pay for the painting of a portrait of an officer or
employee of the Federal government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2019, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2019, in an
amount that exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with such
section; and
(B) during the period consisting of the remainder of fiscal
year 2019, in an amount that exceeds, as a result of a wage survey
adjustment, the rate payable under subparagraph (A) by more than
the sum of--
(i) the percentage adjustment taking effect in fiscal year
2019 under section 5303 of title 5, United States Code, in the
rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2019 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage of
such payments which was effective in the previous fiscal year
under such section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2018, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2018, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2018.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal year
2019 under sections 5344 and 5348 of title 5, United States Code, shall
be--
(1) not less than the percentage received by employees in the
same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under sections 5303 and 5304 of title 5,
United States Code: Provided, That prevailing rate employees at
locations where there are no employees whose pay is increased
pursuant to sections 5303 and 5304 of title 5, United States Code,
and prevailing rate employees described in section 5343(a)(5) of
title 5, United States Code, shall be considered to be located in
the pay locality designated as ``Rest of United States'' pursuant
to section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2018.
Sec. 738. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2019 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending a conference held by any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act during fiscal year 2019 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012 or any subsequent revisions to
that memorandum.
Sec. 739. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce
funding for a program, project, or activity as proposed in the
President's budget request for a fiscal year until such proposed change
is subsequently enacted in an appropriation Act, or unless such change
is made pursuant to the reprogramming or transfer provisions of this or
any other appropriations Act.
Sec. 740. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to Congress,
(3) the reporting to an Inspector General of a violation of any law,
rule, or regulation, or mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'': Provided,
That notwithstanding the preceding provision of this section, a
nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 744. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 745. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that was convicted of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 746. (a) During fiscal year 2019, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection
shall notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 747. If, for fiscal year 2019, new budget authority provided
in appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences
with the Congressional Budget Office, an adjustment to the
discretionary spending limit in such category for fiscal year 2019
shall be made by the Director of the Office of Management and Budget in
the amount of the excess but the total of all such adjustments shall
not exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
Sec. 748. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year 2019
under section 5303 of title 5, United States Code, shall be an increase
of 1.4 percent, and the overall average percentage of the adjustments
taking effect in such fiscal year under sections 5304 and 5304a of such
title 5 shall be an increase of 0.5 percent (with comparability
payments to be determined and allocated among pay localities by the
President). All adjustments under this subsection shall be effective as
of the first day of the first applicable pay period beginning on or
after January 1, 2019.
(b) Notwithstanding section 737, the adjustment in rates of basic
pay for the statutory pay systems that take place in fiscal year 2019
under sections 5344 and 5348 of title 5, United States Code, shall be
no less than the percentages in subsection (a) as employees in the same
location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303, 5304, and 5304a of title 5,
United States Code. Prevailing rate employees at locations where there
are no employees whose pay is increased pursuant to sections 5303,
5304, and 5304a of such title 5 and prevailing rate employees described
in section 5343(a)(5) of such title 5 shall be considered to be located
in the pay locality designated as "Rest of U.S." pursuant to section
5304 of such title 5 for purposes of this subsection.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2019.
Sec. 749. (a) Notwithstanding the official rate adjusted under
section 104 of title 3, United States Code, the rate payable to the
Vice President during calendar year 2019 shall be 1.9 percent above the
rate payable to the Vice President on December 31, 2018, as limited
under section 738 of division E of the Consolidated Appropriations Act,
2018 (Public Law 115-141).
(b) Notwithstanding the official rate adjusted under section 5318
of title 5, United States Code, or any other provision of law, the
payable rate for an employee serving in an Executive Schedule position,
or in a position for which the rate of pay is fixed by statute at an
Executive Schedule rate, shall be increased by 1.9 percent (relative to
the preexisting rate actually payable) at the time the official rate is
adjusted in January 2019. Such an employee may receive no other pay
increase during calendar year 2019, except as provided in subsection
(i).
(c) Notwithstanding section 401 of the Foreign Service Act of 1980
(Public Law 96-465) or any other provision of law, a chief of mission
or ambassador at large is subject to subsection (b) in the same manner
as other employees who are paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for
level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, an employee described in paragraph (1) who is serving
at the time official rates of the Executive Schedule are adjusted
may receive a single increase in the employee's pay rate of no more
than 1.9 percent during calendar year 2019, subject to the normally
applicable pay rules and pay limitations in effect on December 31,
2013, after those pay limitations are increased by 1.9 percent
(after applicable rounding). Such an employee may receive no other
pay increase during calendar year 2019, except as provided in
subsection (i).
(e) Notwithstanding any other provision of law, any employee paid a
rate of basic pay (including any locality-based payments under section
5304 of title 5, United States Code, or similar authority) at or above
the official rate for level IV of the Executive Schedule who serves
under a political appointment, and who is serving at the time official
rates of the Executive Schedule are adjusted, may receive a single
increase in the employee's pay rate of no more than 1.9 percent during
calendar year 2019, subject to the normally applicable pay rules and
pay limitations in effect on December 31, 2013, after those pay
limitations are increased by 1.9 percent (after applicable rounding).
Such an employee may receive no other pay increase during calendar year
2019, except as provided in subsection (i). This subsection does not
apply to employees in the General Schedule pay system or the Foreign
Service pay system, to employees appointed under section 3161 of title
5, United States Code, or to employees in another pay system whose
position would be classified at GS-15 or below if chapter 51 of title
5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under section
3392(c) of title 5, United States Code, for such time as that election
is in effect.
(h) This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements under
section 302(b) of the Foreign Service Act of 1980 (Public Law 96-465)
for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position only if that new position has
higher-level duties and a pre-established level or range of pay higher
than the level or range for the position held immediately before the
movement. Any such increase must be based on the rates of pay and
applicable pay limitations in effect on December 31, 2013, after those
rates and pay limitations are increased by 1.9 percent (after
applicable rounding).
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable pay limitations in effect on December 31,
2013, after those rates and pay limitations are increased by 1.9
percent (after applicable rounding).
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2019 but ends in
calendar year 2020, the bar on the employee's receipt of pay rate
increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ``covered position''
means a position occupied by an employee whose pay is restricted under
this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2019.
Sec. 750. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2019, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any program,
project, or responsibility center for which funds have been denied
or restricted;
(5) re-establishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or responsibility
center through a reprogramming of funds in excess of $3,000,000 or
10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2019.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services
Department who resides in the District of Columbia and is on call
24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of Columbia
and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an officer
or employee of the Office of the Chief Medical Examiner who resides
in the District of Columbia and is on call 24 hours a day;
(5) at the discretion of the Director of the Homeland Security
and Emergency Management Agency, an officer or employee of the
Homeland Security and Emergency Management Agency who resides in
the District of Columbia and is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used to
enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21 U.S.C. 801
et seq.) or any tetrahydrocannabinols derivative for recreational
purposes.
Sec. 810. No funds available for obligation or expenditure by the
District of Columbia government under any authority shall be expended
for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2019 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating
funds to capital funds, and such amounts, once transferred or
reprogrammed, shall retain appropriation authority consistent with the
provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so
provided herein.
Sec. 815. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2019 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2019 in this Act, shall remain available through September 30,
2020, for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on Appropriations
of the House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these requests
shall be made in compliance with reprogramming guidelines outlined in
section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2020, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Act referred to in paragraph (2)
(subject to any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is in effect)
at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2020 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion
of the annual budget for the District of Columbia government for fiscal
year 2020 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2020 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2020.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2020 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2020 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such period;
or
(2) specifically provides that no appropriation shall be made,
no funds shall be made available, or no authority shall be granted
for such project or activity to continue for such period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 817. Section 3(c)(2)(G) of the District of Columbia College
Access Act of 1999 (Public Law 106-98; sec. 38-2702(c)(2)(G), D.C.
Official Code) is amended--
(1) in clause (i), by striking ``and'' after ``$1,000,000'' and
inserting a semicolon;
(2) in clause (ii)--
(A) by inserting ``but before school year 2019-2020'' after
``in or after school year 2016-2017''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(iii) For individuals who begin an undergraduate
course of study in or after school year 2019-2020, is from
a family with a taxable annual income of less than
$500,000. Beginning with school year 2020-2021, the Mayor
shall adjust the amount in the previous sentence for
inflation, as measured by the percentage increase, if any,
from the preceding fiscal year in the Consumer Price Index
for All Urban Consumers, published by the Bureau of Labor
Statistics of the Department of Labor.''.
Sec. 818. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2019''.
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,198,000,000, to remain available until expended, including all such
amounts as are collected from permit processing fees, as authorized but
made subject to future appropriation by section 35(d)(3)(A)(i) of the
Mineral Leasing Act (30 U.S.C. 191), except that amounts from permit
processing fees may be used for any bureau-related expenses associated
with the processing of oil and gas applications for permits to drill
and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2019, so as to result in a final appropriation estimated at
not more than $1,198,000,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
land acquisition
(including rescission of funds)
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $28,316,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
Of the unobligated balances from amounts made available for Land
Acquisition and derived from the Land and Water Conservation Fund,
$1,800,000 is hereby permanently rescinded from previously appropriated
emergencies, hardships, and inholdings funding: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$106,985,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for processing
into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,292,078,000, to remain
available until September 30, 2020: Provided, That not to exceed
$18,318,000 shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)).
construction
(including rescission of funds)
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$55,613,000, to remain available until expended.
Of the unobligated balances available for Construction, $1,500,000
is permanently rescinded, including $300,000 of unobligated balances
available for Construction under Public Law 111-8: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
land acquisition
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance with
statutory authority applicable to the United States Fish and Wildlife
Service, $65,189,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of which,
notwithstanding section 200306 of title 54, United States Code, not
more than $20,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004, including not to
exceed $320,000 for administrative expenses: Provided, That none of
the funds appropriated for specific land acquisition projects may be
used to pay for any administrative overhead, planning or other
management costs.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $53,495,000, to remain available
until expended, of which $22,695,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$30,800,000 is to be derived from the Land and Water Conservation Fund.
Of the unobligated balances made available from the Cooperative
Endangered Species Conservation Fund, $7,500,000 is permanently
rescinded: Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$42,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $11,561,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $64,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$4,209,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $6,362,000 is for a competitive grant program to
implement approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the regional
Associations of fish and wildlife agencies, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $10,571,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary shall apportion the remaining amount in the following manner:
(1) one-third of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and (2)
two-thirds of which is based on the ratio to which the population of
such State bears to the total population of all such States: Provided
further, That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment under
this paragraph for any fiscal year or more than 5 percent of such
amount: Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the non-
Federal share of such projects may not be derived from Federal grant
programs: Provided further, That any amount apportioned in 2019 to any
State, territory, or other jurisdiction that remains unobligated as of
September 30, 2020, shall be reapportioned, together with funds
appropriated in 2021, in the manner provided herein.
administrative provisions
(including rescission of funds)
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended.
Of the unobligated balances available for grants under Public Law
109-58, title III, subtitle G, section 384, $15,000,000 is permanently
rescinded: Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,502,711,000, of which $10,032,000 for planning and
interagency coordination in support of Everglades restoration and
$135,980,000 for maintenance, repair, or rehabilitation projects for
constructed assets and $151,575,000 for cyclic maintenance projects for
constructed assets and cultural resources shall remain available until
September 30, 2020: Provided, That funds appropriated under this
heading in this Act are available for the purposes of section 5 of
Public Law 95-348: Provided further, That notwithstanding section 9(a)
of the United States Semiquincentennial Commission Act of 2016 (Public
Law 114-196; 130 Stat. 691), $500,000 of the funds made available under
this heading shall be provided to the organization selected under
section 9(b) of that Act for expenditure by the United States
Semiquincentennial Commission in accordance with that Act.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $64,138,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $102,660,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2020, of which $13,000,000
shall be for Save America's Treasures grants for preservation of
national significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, That all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the funds
provided for the Historic Preservation Fund, $750,000 is for
competitive grants for the survey and nomination of properties to the
National Register of Historic Places and as National Historic Landmarks
associated with communities currently under-represented, as determined
by the Secretary, $14,500,000 is for competitive grants to preserve the
sites and stories of the Civil Rights movement, $8,000,000 is for
grants to Historically Black Colleges and Universities, and $5,000,000
is for competitive grants for the restoration of historic properties of
national, State and local significance listed on or eligible for
inclusion on the National Register of Historic Places, to be made
without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation
Act: Provided further, That such competitive grants shall be made
without imposing the matching requirements in section 302902(b)(3) of
title 54, United States Code, to States and Indian tribes as defined in
chapter 3003 of such title, Native Hawaiian organizations, local
governments, including Certified Local Governments, and non-profit
organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and compliance and planning for programs and areas
administered by the National Park Service, $364,704,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, for any project initially funded in fiscal year 2019
with a future phase indicated in the National Park Service 5-Year Line
Item Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That the
solicitation and contract shall contain the clause availability of
funds found at 48 CFR 52.232-18: Provided further, That National Park
Service Donations, Park Concessions Franchise Fees, and Recreation Fees
may be made available for the cost of adjustments and changes within
the original scope of effort for projects funded by the National Park
Service Construction appropriation: Provided further, That the
Secretary of the Interior shall consult with the Committees on
Appropriations, in accordance with current reprogramming thresholds,
prior to making any charges authorized by this section.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of lands or waters, or interest therein, in accordance with
the statutory authority applicable to the National Park Service,
$168,444,000, to be derived from the Land and Water Conservation Fund
and to remain available until expended, of which $124,006,000 is for
the State assistance program and of which $10,000,000 shall be for the
American Battlefield Protection Program grants as authorized by chapter
3081 of title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $20,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts
over the term of the contract at that unit exceed the amount of funds
used to extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,160,596,000,
to remain available until September 30, 2020; of which $84,337,000
shall remain available until expended for satellite operations; and of
which $15,164,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through the use of
contracts, grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the United
States Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 6101, for the
temporary or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57 and 81 of
title 5, United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States Code,
relating to tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer Continental
Shelf and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing other
laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$179,266,000, of which $129,450,000 is to remain available until
September 30, 2020, and of which $49,816,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to this
appropriation from additions to receipts resulting from increases to
lease rental rates in effect on August 5, 1993, and from cost recovery
fees from activities conducted by the Bureau of Ocean Energy Management
pursuant to the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative activities:
Provided further, That the sum herein appropriated shall be reduced as
such collections are received during the fiscal year, so as to result
in a final fiscal year 2019 appropriation estimated at not more than
$129,450,000: Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting volunteer beach
and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $145,475,000, of which $121,351,000 is to
remain available until September 30, 2020, and of which $24,124,000 is
to remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2019 appropriation estimated at not more than $121,351,000.
For an additional amount, $41,765,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2019, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $41,765,000, the amounts realized in excess
of $41,765,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2019,
not less than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund personnel
and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $14,899,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$115,804,000, to remain available until September 30, 2020: Provided,
That appropriations for the Office of Surface Mining Reclamation and
Enforcement may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training: Provided further, That of the amounts
made available under this heading and notwithstanding the Federal share
limits contained in section 705 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1295), not to exceed $2,300,000
shall be for the Secretary of the Interior to make grants to any State
with active coal mine operations within its borders that does not have
an approved State regulatory program under section 503 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1253) for the
purpose of developing a State program under such Act.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as collections are received during the fiscal year, so as to result in
a fiscal year 2019 appropriation estimated at not more than
$115,804,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $24,672,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $115,000,000, to remain available until expended, for
grants to States and federally recognized Indian Tribes for reclamation
of abandoned mine lands and other related activities in accordance with
the terms and conditions in the joint explanatory statement
accompanying this Act: Provided, That such additional amount shall be
used for economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of
such additional amount, $75,000,000 shall be distributed in equal
amounts to the 3 Appalachian States with the greatest amount of
unfunded needs to meet the priorities described in paragraphs (1) and
(2) of such section, $30,000,000 shall be distributed in equal amounts
to the 3 Appalachian States with the subsequent greatest amount of
unfunded needs to meet such priorities, and $10,000,000 shall be for
grants to federally recognized Indian Tribes without regard to their
status as certified or uncertified under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of
abandoned mine lands and other related activities in accordance with
the terms and conditions in the joint explanatory statement
accompanying this Act and shall be used for economic and community
development in conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided further,
That such additional amount shall be allocated to States and Indian
Tribes within 60 days after the date of enactment of this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 5301 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), $2,414,577,000, to remain available until
September 30, 2020, except as otherwise provided herein; of which not
to exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $76,000,000 shall be for welfare
assistance payments: Provided, That in cases of designated Federal
disasters, the Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities affected
by the disaster: Provided further, That federally recognized Indian
tribes and tribal organizations of federally recognized Indian tribes
may use their tribal priority allocations for unmet welfare assistance
costs: Provided further, That not to exceed $683,572,000 for school
operations costs of Bureau-funded schools and other education programs
shall become available on July 1, 2019, and shall remain available
until September 30, 2020: Provided further, That not to exceed
$55,174,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, land
records improvement, and the Navajo-Hopi Settlement Program: Provided
further, That notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975 (25 U.S.C.
5301 et seq.) and section 1128 of the Education Amendments of 1978 (25
U.S.C. 2008), not to exceed $82,935,000 within and only from such
amounts made available for school operations shall be available for
administrative cost grants associated with grants approved prior to
July 1, 2019: Provided further, That any forestry funds allocated to a
federally recognized tribe which remain unobligated as of September 30,
2020, may be transferred during fiscal year 2021 to an Indian forest
land assistance account established for the benefit of the holder of
the funds within the holder's trust fund account: Provided further,
That any such unobligated balances not so transferred shall expire on
September 30, 2021: Provided further, That in order to enhance the
safety of Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel:
Provided further, That the Bureau of Indian Affairs may accept
transfers of funds from U.S. Customs and Border Protection to
supplement any other funding available for reconstruction or repair of
roads owned by the Bureau of Indian Affairs as identified on the
National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1).
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs for fiscal
year 2019, such sums as may be necessary, which shall be available for
obligation through September 30, 2020: Provided, That notwithstanding
any other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483; $358,719,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available to the
Bureau of Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau:
Provided further, That any funds provided for the Safety of Dams
program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall
be made available on a nonreimbursable basis: Provided further, That
for fiscal year 2019, in implementing new construction, replacement
facilities construction, or facilities improvement and repair project
grants in excess of $100,000 that are provided to grant schools under
Public Law 100-297, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in part 12 of title 43, Code of Federal
Regulations, as the regulatory requirements: Provided further, That
such grants shall not be subject to section 12.61 of title 43, Code of
Federal Regulations; the Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to be performed:
Provided further, That in considering grant applications, the Secretary
shall consider whether such grantee would be deficient in assuring that
the construction projects conform to applicable building standards and
codes and Federal, tribal, or State health and safety standards as
required by section 1125(b) of title XI of Public Law 95-561 (25 U.S.C.
2005(b)), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines a grant
application, the Secretary shall follow the requirements contained in
section 5206(f) of Public Law 100-297 (25 U.S.C. 2504(f)): Provided
further, That any disputes between the Secretary and any grantee
concerning a grant shall be subject to the disputes provision in
section 5208(e) of Public Law 107-110 (25 U.S.C. 2507(e)): Provided
further, That in order to ensure timely completion of construction
projects, the Secretary may assume control of a project and all funds
related to the project, if, within 18 months of the date of enactment
of this Act, any grantee receiving funds appropriated in this Act or in
any prior Act, has not completed the planning and design phase of the
project and commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the Special Trustee
for American Indians appropriation for the appropriate share of
construction costs for space expansion needed in agency offices to meet
trust reform implementation: Provided further, That of the funds made
available under this heading, $10,000,000 shall be derived from the
Indian Irrigation Fund established by section 3211 of the WIIN Act
(Public Law 114-322; 130 Stat. 1749): Provided further, That for funds
appropriated under this heading, the date specified in section 3216 of
Public Law 114-322 shall be applied as substituting ``September 30,
2028'' for ``September 30, 2021''.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and
for implementation of other land and water rights settlements,
$50,057,000, to remain available until expended: Provided, That the
Secretary shall make payments in such amounts as necessary to satisfy
the total authorized amount for the Navajo Nation Water Rights Trust
Fund.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $10,779,000, of
which $1,455,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed or insured, not to exceed $174,616,164.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos
Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education, or more than one grade
to expand the elementary grade structure for Bureau-funded schools with
a K-2 grade structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996, and to any
school or school program that was reinstated in fiscal year 2012. Funds
made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that
a charter school that is in existence on the date of the enactment of
this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only
if the charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees
of Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction or other facilities-related costs for such
assets that are not owned by the Bureau: Provided further, That the
term ``satellite school'' means a school location physically separated
from the existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $124,673,000, to remain available until September 30, 2020; of
which not to exceed $15,000 may be for official reception and
representation expenses; and of which up to $1,000,000 shall be
available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the United
States Bureau of Mines; and of which $9,000,000 for the Office of
Valuation Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and of
which $9,704,000 for Indian land, mineral, and resource valuation
activities shall remain available until expended: Provided, That funds
for Indian land, mineral, and resource valuation activities may, as
needed, be transferred to and merged with the Bureau of Indian Affairs
and Bureau of Indian Education ``Operation of Indian Programs'' account
and the Office of the Special Trustee for American Indians ``Federal
Trust Programs'' account: Provided further, That funds made available
through contracts or grants obligated during fiscal year 2019, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That of the amounts made available under
this heading, $400,000 shall be made available to the commission
established by section 3(a) of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children Act (Public Law 114-244; 130
Stat. 981).
administrative provisions
For fiscal year 2019, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for any
fiscal year for payments pursuant to this chapter are insufficient to
make the full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be made
proportionally: Provided further, That the Secretary may make
adjustments to payment to individual units of local government to
correct for prior overpayments or underpayments: Provided further,
That no payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $100,688,000, of
which: (1) $91,240,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands, as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands , as authorized by law (Public Law 94-241; 90 Stat.
272); and (2) $9,448,000 shall be available until September 30, 2020,
for salaries and expenses of the Office of Insular Affairs: Provided,
That all financial transactions of the territorial and local
governments herein provided for, including such transactions of all
agencies or instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement of
the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by Public Law 104-
134: Provided further, That the funds for the program of operations
and maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost sharing to be
determined by the Secretary based on the grantee's commitment to timely
maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,413,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $65,674,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$52,486,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$111,540,000, to remain available until expended, of which not to
exceed $19,016,000 from this or any other Act, may be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs and Bureau of Indian
Education, ``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the Office of the
Secretary, ``Departmental Operations'' account: Provided further, That
funds made available through contracts or grants obligated during
fiscal year 2019, as authorized by the Indian Self-Determination Act of
1975 (25 U.S.C. 5301 et seq.), shall remain available until expended by
the contractor or grantee: Provided further, That notwithstanding any
other provision of law, the Secretary shall not be required to provide
a quarterly statement of performance for any Indian trust account that
has not had activity for at least 15 months and has a balance of $15 or
less: Provided further, That the Secretary shall issue an annual
account statement and maintain a record of any such accounts and shall
permit the balance in each such account to be withdrawn upon the
express written request of the account holder: Provided further, That
not to exceed $50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for this
purpose: Provided further, That the Secretary shall not be required to
reconcile Special Deposit Accounts with a balance of less than $500
unless the Office of the Special Trustee receives proof of ownership
from a Special Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust accounts of
individuals whose whereabouts are unknown for a continuous period of at
least five years and shall not be required to generate periodic
statements of performance for the individual accounts: Provided
further, That with respect to the eighth proviso, the Secretary shall
continue to maintain sufficient records to determine the balance of the
individual accounts, including any accrued interest and income, and
such funds shall remain available to the individual account holders.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $941,211,000, to remain available until expended, of
which not to exceed $18,427,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $189,000,000 is for fuels
management activities: Provided further, That of the funds provided
$20,470,000 is for burned area rehabilitation: Provided further, That
persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this appropriation:
Provided further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for fire
protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation from which
funds were expended to provide that protection, and are available
without fiscal year limitation: Provided further, That using the
amounts designated under this title of this Act, the Secretary of the
Interior may enter into procurement contracts, grants, or cooperative
agreements, for fuels management activities, and for training and
monitoring associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding requirements
of the Competition in Contracting Act, the Secretary, for purposes of
fuels management activities, may obtain maximum practicable competition
among: (1) local private, nonprofit, or cooperative entities; (2) Youth
Conservation Corps crews, Public Lands Corps (Public Law 109-154), or
related partnerships with State, local, or nonprofit youth groups; (3)
small or micro-businesses; or (4) other entities that will hire or
train locally a significant percentage, defined as 50 percent or more,
of the project workforce to complete such contracts: Provided further,
That in implementing this section, the Secretary shall develop written
guidance to field units to ensure accountability and consistent
application of the authorities provided herein: Provided further, That
funds appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided further,
That the Secretary of the Interior may use wildland fire appropriations
to enter into leases of real property with local governments, at or
below fair market value, to construct capitalized improvements for fire
facilities on such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack and fire
support facilities, and to make advance payments for any such lease or
for construction activity associated with the lease: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions: Provided further, That funds
appropriated under this heading shall be available for assistance to or
through the Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be available
to support forestry, wildland fire management, and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,010,000, to remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,767,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation
of facilities and operations throughout the Department, $55,735,000, to
remain available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for training
services provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further, That the
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program
Training Center: Provided further, That the Secretary may enter into
grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$137,505,000, to remain available until September 30, 2020; of which
$41,727,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary concurred with the claimed refund due, to pay amounts owed to
Indian allottees or tribes, or to correct prior unrecoverable erroneous
payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection
with their use for wildland fire operations, with such reimbursement to
be credited to appropriations currently available at the time of
receipt thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until the
Secretary determines that funds appropriated for ``wildland fire
suppression'' shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be
used to reimburse, on a pro rata basis, accounts from which emergency
funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary,
in total amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement vehicles;
hire, maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when authorized by
the Secretary, for library membership in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and Office of
the Special Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2019. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2019, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the
``Offshore Safety and Environmental Enforcement'' account, from the
designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2019 shall be:
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2019. Fees for fiscal year 2019 shall be:
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection
(b) within 60 days, with payment required within 30 days of billing.
The Secretary shall bill designated operators under subsection (c)
within 30 days of the end of the month in which the inspection
occurred, with payment required within 30 days of billing.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to implement a
reorganization of the Bureau of Ocean Energy Management, Regulation and
Enforcement, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines described in the joint explanatory statement
accompanying this Act.
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 3903 of title 41, United States Code (except that
the 5-year term restriction in subsection (a) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject
to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 111. Notwithstanding any other provision of law, during
fiscal year 2019, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
humane transfer of excess animals
Sec. 112. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or burros
that have been removed from the public lands to other Federal, State,
and local government agencies for use as work animals: Provided, That
the Secretary may make any such transfer immediately upon request of
such Federal, State, or local government agency: Provided further,
That any excess animal transferred under this provision shall lose its
status as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That any
Federal, State, or local government agency receiving excess wild horses
or burros as authorized in this section shall not: destroy the horses
or burros in a way that results in their destruction into commercial
products; sell or otherwise transfer the horses or burros in a way that
results in their destruction for processing into commercial products;
or euthanize the horses or burros except upon the recommendation of a
licensed veterinarian, in cases of severe injury, illness, or advanced
age.
department of the interior experienced services program
Sec. 113. (a) Notwithstanding any other provision of law relating
to Federal grants and cooperative agreements, the Secretary of the
Interior is authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by the
Secretary of Labor under title V of the Older Americans Act of 1965 to
utilize the talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and consistent with
such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement through
reduction of non-overtime hours, wages, or employment benefits;
(2) result in the use of an individual under the Department of
the Interior Experienced Services Program for a job or function in
a case in which a Federal employee is in a layoff status from the
same or substantially equivalent job within the Department; or
(3) affect existing contracts for services.
contribution authority
Sec. 114. Section 113 of Division G of Public Law 113-76 is
amended by striking ``2019,'' and inserting ``2024,''.
indiana dunes national lakeshore retitled; paul h. douglas trail
redesignation
Sec. 115. (a) Indiana Dunes National Lake Shore Retitled.--
(1) In general.--Public Law 89-761 (16 U.S.C. 460u et seq.) is
amended--
(A) by striking ``National Lakeshore'' and ``national
lakeshore'' each place it appears and inserting ``National
Park''; and
(B) by striking ``lakeshore'' each place it appears and
inserting ``Park''.
(2) Nonapplication.--The amendment made by subsection (a)(1)
shall not apply to--
(A) the title of the map referred to in the first section
of Public Law 89-761 (16 U.S.C. 460u); and
(B) the title of the maps referred to in section 4 of
Public Law 89-761 (16 U.S.C. 460u-3).
(b) Paul H. Douglas Trail Redesignation.--The 1.6 mile trail within
the Indiana Dunes National Park designated the ``Miller-Woods Trail''
is hereby redesignated as the ``Paul H. Douglas Trail''.
payments in lieu of taxes (pilt)
Sec. 116. Section 6906 of title 31, United States Code, is amended
by striking ``fiscal year 2018'' and inserting ``fiscal year 2019''.
technical correction
Sec. 117. Division II of Public Law 104-333 (54 U.S.C. 320101
note), as amended by section 116(b)(2) of Public Law 114-113, is
amended in each of sections 208, 310, and 607, by striking ``2017'' and
inserting ``2019''.
designation of peter b. webster iii memorial area
Sec. 118. (a)(1) The rest area bound by Alexandria Avenue, West
Boulevard Drive, and the George Washington Memorial Parkway on the
Mount Vernon Trail within the George Washington Memorial Parkway is
designated as the ``Peter B. Webster III Memorial Area''.
(2) Any reference in a law, map, regulation, document, paper, or
other record of the United States to the rest area described in
paragraph (1) shall be deemed to be a reference to the ``Peter B.
Webster III Memorial Area''.
(b)(1) A plaque honoring Peter B. Webster III may be installed at
the Peter B. Webster III Memorial Area on a signpost, bench, or other
appropriate structure, on the condition that the Director of the
National Park Service shall approve the design and placement of the
plaque.
(2) No Federal funds may be used to design, procure, prepare, or
install the plaque authorized under paragraph (1).
(3) The Secretary of the Interior may accept and expend private
contributions for the design, procurement, preparation, and
installation of the plaque authorized under paragraph (1).
obligation of funds
Sec. 119. Amounts appropriated by this Act to the Department of
the Interior shall be available for obligation and expenditure not
later than 60 days after the date of enactment of this Act.
sage-grouse
Sec. 120. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to write or issue
pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct population
segment of greater sage-grouse.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
(including rescission of funds)
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $717,723,000, to remain available until September 30,
2020: Provided, That of the funds included under this heading,
$5,000,000 shall be for Research: National Priorities as specified in
the joint explanatory statement accompanying this Act: Provided
further, That of the unobligated balances from appropriations made
available under this heading, $11,250,000 are permanently rescinded:
Provided further, That no amounts may be rescinded pursuant to the
preceding proviso from amounts made available in the first proviso for
Research: National Priorities.
Environmental Programs and Management
(including rescission of funds)
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$9,000 for official reception and representation expenses,
$2,658,200,000, to remain available until September 30, 2020:
Provided, That of the funds included under this heading, $15,000,000
shall be for Environmental Protection: National Priorities as specified
in the joint explanatory statement accompanying this Act: Provided
further, That of the funds included under this heading, $456,958,000
shall be for Geographic Programs specified in the joint explanatory
statement accompanying this Act: Provided further, That of the
unobligated balances from appropriations made available under this
heading, $60,201,000 are permanently rescinded: Provided further, That
no amounts may be rescinded pursuant to the preceding proviso from
amounts made available in the first proviso for Environmental
Protection: National Priorities, from amounts made available in the
second proviso for Geographic Programs, or from the National Estuary
Program (33 U.S.C. 1330).
In addition, $5,000,000 to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in
the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2019 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in this
paragraph from the general fund for fiscal year 2019 shall be reduced
by the amount of discretionary offsetting receipts received during
fiscal year 2019, so as to result in a final fiscal year 2019
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent that amounts realized from such
receipts exceed $5,000,000, those amount in excess of $5,000,000 shall
be deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2019, shall be retained and used for
necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds included
in the first paragraph under this heading, the Chemical Risk Review and
Reduction program project shall be allocated for this fiscal year,
excluding the amount of any fees appropriated, not less than the amount
of appropriations for that program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $8,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2019, which shall remain
available until expended and be used for necessary expenses in this
appropriation, so as to result in a final fiscal year 2019
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent such offsetting collections
received in fiscal year 2019 exceed $8,000,000, those excess amounts
shall remain available until expended and be used for necessary
expenses in this appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2020.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $34,467,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611)
$1,091,947,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2018, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,091,947,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $8,778,000
shall be paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2020, and $15,496,000 shall be
paid to the ``Science and Technology'' appropriation to remain
available until September 30, 2020.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $91,941,000, to remain available until expended, of which
$66,572,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,209,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,605,041,000, to remain available until expended,
of which--
(1) $1,394,000,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $864,000,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking Water
Act: Provided, That for fiscal year 2019, to the extent there are
sufficient eligible project applications and projects are
consistent with State Intended Use Plans, not less than 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants shall be
used by the State for projects to address green infrastructure,
water or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal year
2019, funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants may, at
the discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or other
environmentally innovative activities: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water Pollution
Control Act, the limitation on the amounts in a State water
pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2019 and prior
years where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable by
the Administrator, accounted for separately from other assets in
the fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2019,
notwithstanding the provisions of subsections (g)(1), (h), and (l)
of section 201 of the Federal Water Pollution Control Act, grants
made under title II of such Act for American Samoa, Guam, the
commonwealth of the Northern Marianas, the United States Virgin
Islands, and the District of Columbia may also be made for the
purpose of providing assistance: (1) solely for facility plans,
design activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and (2)
for the construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or small
commercial establishments: Provided further, That for fiscal year
2019, notwithstanding the provisions of such subsections (g)(1),
(h), and (l) of section 201 and section 518(c) of the Federal Water
Pollution Control Act, funds reserved by the Administrator for
grants under section 518(c) of the Federal Water Pollution Control
Act may also be used to provide assistance: (1) solely for facility
plans, design activities, or plans, specifications, and estimates
for any proposed project for the construction of treatment works;
and (2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences or
small commercial establishments: Provided further, That for fiscal
year 2019, notwithstanding any provision of the Federal Water
Pollution Control Act and regulations issued pursuant thereof, up
to a total of $2,000,000 of the funds reserved by the Administrator
for grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational programs
relating to the operation and management of the treatment works
specified in section 518(c) of such Act: Provided further, That
for fiscal year 2019, funds reserved under section 518(c) of such
Act shall be available for grants only to Indian tribes, as defined
in section 518(h) of such Act and former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior) and
Native Villages as defined in Public Law 92-203: Provided further,
That for fiscal year 2019, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution Control
Act, up to a total of 2 percent of the funds appropriated, or
$30,000,000, whichever is greater, and notwithstanding the
limitation on amounts in section 1452(i) of the Safe Drinking Water
Act, up to a total of 2 percent of the funds appropriated, or
$20,000,000, whichever is greater, for State Revolving Funds under
such Acts may be reserved by the Administrator for grants under
section 518(c) and section 1452(i) of such Acts: Provided further,
That for fiscal year 2019, notwithstanding the amounts specified in
section 205(c) of the Federal Water Pollution Control Act, up to
1.5 percent of the aggregate funds appropriated for the Clean Water
State Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal Water
Pollution Control Act for American Samoa, Guam, the Commonwealth of
the Northern Marianas, and United States Virgin Islands: Provided
further, That for fiscal year 2019, notwithstanding the limitations
on amounts specified in section 1452(j) of the Safe Drinking Water
Act, up to 1.5 percent of the funds appropriated for the Drinking
Water State Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants made under
section 1452(j) of the Safe Drinking Water Act: Provided further,
That 10 percent of the funds made available under this title to
each State for Clean Water State Revolving Fund capitalization
grants and 20 percent of the funds made available under this title
to each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to provide
additional subsidy to eligible recipients in the form of
forgiveness of principal, negative interest loans, or grants (or
any combination of these), and shall be so used by the State only
where such funds are provided as initial financing for an eligible
recipient or to buy, refinance, or restructure the debt obligations
of eligible recipients only where such debt was incurred on or
after the date of enactment of this Act, or where such debt was
incurred prior to the date of enactment of this Act if the State,
with concurrence from the Administrator, determines that such funds
could be used to help address a threat to public health from
heightened exposure to lead in drinking water or if a Federal or
State emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this Act:
Provided further, That in a State in which such an emergency
declaration has been issued, the State may use more than 20 percent
of the funds made available under this title to the State for
Drinking Water State Revolving Fund capitalization grants to
provide additional subsidy to eligible recipients;
(2) $15,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission: Provided,
That no funds provided by this appropriations Act to address the
water, wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico border
shall be made available to a county or municipal government unless
that government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new
home, business, or other structure which lacks water, wastewater,
or other necessary infrastructure;
(3) $25,000,000 shall be for grants to the State of Alaska to
address drinking water and wastewater infrastructure needs of rural
and Alaska Native Villages: Provided, That of these funds: (A) the
State of Alaska shall provide a match of 25 percent; (B) no more
than 5 percent of the funds may be used for administrative and
overhead expenses; and (C) the State of Alaska shall make awards
consistent with the Statewide priority list established in
conjunction with the Agency and the U.S. Department of Agriculture
for all water, sewer, waste disposal, and similar projects carried
out by the State of Alaska that are funded under section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
which shall allocate not less than 25 percent of the funds provided
for projects in regional hub communities;
(4) $87,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), including grants, interagency agreements, and
associated program support costs: Provided, That not more than 25
percent of the amount appropriated to carry out section 104(k) of
CERCLA shall be used for site characterization, assessment, and
remediation of facilities described in section 101(39)(D)(ii)(II)
of CERCLA: Provided further, That at least 10 percent shall be
allocated for assistance in persistent poverty counties: Provided
further, That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent or more
of its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the most
recent Small Area Income and Poverty Estimates;
(5) $87,000,000 shall be for grants under title VII, subtitle G
of the Energy Policy Act of 2005;
(6) $52,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the joint explanatory
statement accompanying this Act;
(7) $4,000,000 shall be to carry out the water quality program
authorized in section 5004(d) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322); and
(8) $1,077,041,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including activities
pursuant to the provisions set forth under this heading in Public
Law 104-134, and for making grants under section 103 of the Clean
Air Act for particulate matter monitoring and data collection
activities subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying out
section 128 of CERCLA; $9,646,000 shall be for Environmental
Information Exchange Network grants, including associated program
support costs; $1,498,000 shall be for grants to States under
section 2007(f)(2) of the Solid Waste Disposal Act, which shall be
in addition to funds appropriated under the heading ``Leaking
Underground Storage Tank Trust Fund Program'' to carry out the
provisions of the Solid Waste Disposal Act specified in section
9508(c) of the Internal Revenue Code other than section 9003(h) of
the Solid Waste Disposal Act; $17,848,000 of the funds available
for grants under section 106 of the Federal Water Pollution Control
Act shall be for State participation in national- and State-level
statistical surveys of water resources and enhancements to State
monitoring programs; $11,000,000 shall be for multipurpose grants,
including interagency agreements.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $5,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$610,000,000.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $5,000,000, to
remain available until September 30, 2020.
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2019, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 112-177, the Pesticide
Registration Improvement Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2019.
The Administrator is authorized to transfer up to $300,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per
project.
For fiscal year 2019, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian
tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2019 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
Of the unobligated balances available for the ``State and Tribal
Assistance Grants'' account, $139,078,000 are hereby permanently
rescinded: Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985 or from amounts that
were made available by subsection (a) of section 196 of the Continuing
Appropriations Act, 2017 (division C of Public Law 114-223), as amended
by the Further Continuing and Security Assistance Appropriations Act,
2017 (Public Law 114-254).
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $1,000,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $875,000: Provided, That funds made
available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to
fund up to one administrative support staff for the office.
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $300,000,000, to remain available through September
30, 2022: Provided, That of the funds provided, $77,000,000 is for the
forest inventory and analysis program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
(including rescission of funds)
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, and conducting an
international program as authorized, $336,990,000, to remain available
through September 30, 2022, as authorized by law; of which $63,990,000
is to be derived from the Land and Water Conservation Fund to be used
for the Forest Legacy Program, to remain available until expended.
Of the unobligated balances from amounts made available for the
Forest Legacy Program and derived from the Land and Water Conservation
Fund, $1,503,000 is hereby permanently rescinded from projects with
cost savings or failed or partially failed projects that had funds
returned: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,938,000,000, to remain available through
September 30, 2022: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That of the funds provided, $368,000,000
shall be for forest products: Provided further, That of the funds
provided, $435,000,000 shall be for hazardous fuels management
activities, of which not to exceed $15,000,000 may be used to make
grants, using any authorities available to the Forest Service under the
``State and Private Forestry'' appropriation, for the purpose of
creating incentives for increased use of biomass from National Forest
System lands: Provided further, That $20,000,000 may be used by the
Secretary of Agriculture to enter into procurement contracts or
cooperative agreements or to issue grants for hazardous fuels
management activities, and for training or monitoring associated with
such hazardous fuels management activities on Federal land, or on non-
Federal land if the Secretary determines such activities benefit
resources on Federal land: Provided further, That funds made available
to implement the Community Forestry Restoration Act, Public Law 106-
393, title VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest Service under
the ``State and Private Forestry'' appropriations: Provided further,
That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act
(7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for
grazing on a National Grassland, may provide a credit of up to 50
percent of the calculated fee to a Grazing Association or direct
permittee for a conservation practice approved by the Secretary in
advance of the fiscal year in which the cost of the conservation
practice is incurred. And, that the amount credited shall remain
available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation
practices approved by the Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $446,000,000, to remain available through September 30,
2022, for construction, capital improvement, maintenance and
acquisition of buildings and other facilities and infrastructure; and
for construction, reconstruction, decommissioning of roads that are no
longer needed, including unauthorized roads that are not part of the
transportation system, and maintenance of forest roads and trails by
the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101
and 205: Provided, That funds becoming available in fiscal year 2019
under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to
the General Fund of the Treasury and shall not be available for
transfer or obligation for any other purpose unless the funds are
appropriated.
land acquisition
For expenses necessary to carry out the provisions of chapter 2003
of title 54, United States Code, including administrative expenses, and
for acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service, $72,564,000,
to be derived from the Land and Water Conservation Fund and to remain
available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $700,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available through September 30, 2022, (16
U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591;
and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2022, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2022, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
$2,500,000, to remain available through September 30, 2022.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $3,004,986,000, to remain available
through September 30, 2022: Provided, That such funds including
unobligated balances under this heading, are available for repayment of
advances from other appropriations accounts previously transferred for
such purposes: Provided further, That any unobligated funds
appropriated in a previous fiscal year for hazardous fuels management
may be transferred to the ``National Forest System'' account: Provided
further, That such funds shall be available to reimburse State and
other cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully
repaid by the responsible emergency management agency: Provided
further, That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of implementing
any cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That funds designated for wildfire
suppression, shall be assessed for cost pools on the same basis as such
assessments are calculated against other agency programs.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the heading ``Wildland Fire Management'' will be
obligated within 30 days: Provided, That all funds used pursuant to
this paragraph must be replenished by a supplemental appropriation
which must be requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management, hazardous
fuels management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated
to the Forest Service by this Act to or within the National Forest
System Account, or reprogram funds to be used for the purposes of
hazardous fuels management and urgent rehabilitation of burned-over
National Forest System lands and water, such transferred funds shall
remain available through September 30, 2022: Provided, That none of
the funds transferred pursuant to this section shall be available for
obligation without written notification to and the prior approval of
the Committees on Appropriations of both Houses of Congress: Provided
further, That this section does not apply to funds derived from the
Land and Water Conservation Fund.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), U.S.
private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171
(7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the joint explanatory statement accompanying
this Act.
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center and the Department of Agriculture's
International Technology Service.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match funds made available by the Forest
Service on at least a one-for-one basis: Provided further, That the
Foundation may transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Notwithstanding any other provision of law, of any appropriations
or funds available to the Forest Service, not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar matters unrelated to civil litigation. Future
budget justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through the Office
of Budget and Program Analysis, the Forest Service shall report no
later than 30 business days following the close of each fiscal quarter
all current and prior year unobligated balances, by fiscal year, budget
line item and account, to the House and Senate Committees on
Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$4,103,190,000, to remain available until September 30, 2020, except as
otherwise provided herein, together with payments received during the
fiscal year pursuant to sections 231(b) and 233 of the Public Health
Service Act (42 U.S.C. 238(b), 238b), for services furnished by the
Indian Health Service: Provided, That funds made available to tribes
and tribal organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
shall be deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
$2,000,000 shall be available for grants or contracts with public or
private institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided further,
That $964,819,000 for Purchased/Referred Care, including $53,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That of the funds
provided, up to $44,000,000 shall remain available until expended for
implementation of the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further, That of the
funds provided, $36,000,000 shall remain available until expended to
supplement funds available for operational costs at tribal clinics
operated under an Indian Self-Determination and Education Assistance
Act compact or contract where health care is delivered in space
acquired through a full service lease, which is not eligible for
maintenance and improvement and equipment funds from the Indian Health
Service, and $58,000,000 shall be for costs related to or resulting
from accreditation emergencies, of which up to $4,000,000 may be used
to supplement amounts otherwise available for Purchased/Referred Care:
Provided further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health Care
Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal
year for breach of contracts shall be deposited to the Fund authorized
by section 108A of that Act (25 U.S.C. 1616a-1) and shall remain
available until expended and, notwithstanding section 108A(c) of that
Act (25 U.S.C. 1616a-1(c)), funds shall be available to make new awards
under the loan repayment and scholarship programs under sections 104
and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided further,
That the amounts made available within this account for the Substance
Abuse and Suicide Prevention Program, for Opioid Prevention, Treatment
and Recovery Services, for the Domestic Violence Prevention Program,
for the Zero Suicide Initiative, for the housing subsidy authority for
civilian employees, for aftercare pilot programs at Youth Regional
Treatment Centers, to improve collections from public and private
insurance at Indian Health Service and tribally operated facilities,
and for accreditation emergencies shall be allocated at the discretion
of the Director of the Indian Health Service and shall remain available
until expended: Provided further, That funds provided in this Act may
be used for annual contracts and grants for which the performance
period falls within 2 fiscal years, provided the total obligation is
recorded in the year the funds are appropriated: Provided further,
That the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health Care
Improvement Act shall remain available until expended for the purpose
of achieving compliance with the applicable conditions and requirements
of titles XVIII and XIX of the Social Security Act, except for those
related to the planning, design, or construction of new facilities:
Provided further, That funding contained herein for scholarship
programs under the Indian Health Care Improvement Act shall remain
available until expended: Provided further, That amounts received by
tribes and tribal organizations under title IV of the Indian Health
Care Improvement Act shall be reported and accounted for and available
to the receiving tribes and tribal organizations until expended:
Provided further, That the Bureau of Indian Affairs may collect from
the Indian Health Service, and from tribes and tribal organizations
operating health facilities pursuant to Public Law 93-638, such
individually identifiable health information relating to disabled
children as may be necessary for the purpose of carrying out its
functions under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.): Provided further, That of the funds provided,
$72,280,000 is for the Indian Health Care Improvement Fund and may be
used, as needed, to carry out activities typically funded under the
Indian Health Facilities account: Provided further, That the
accreditation emergency funds may be used, as needed, to carry out
activities typically funded under the Indian Health Facilities account.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2019, such sums as may be necessary: Provided, That
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $878,806,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided further,
That none of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded with
grants by the housing programs of the United States Department of
Housing and Urban Development: Provided further, That not to exceed
$2,700,000 from this account and the ``Indian Health Services'' account
may be used by the Indian Health Service to obtain ambulances for the
Indian Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health Service and
the General Services Administration: Provided further, That not to
exceed $500,000 may be placed in a Demolition Fund, to remain available
until expended, and be used by the Indian Health Service for the
demolition of Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation Facilities
Act and Public Law 93-638: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject to
limitations directed at curtailing Federal travel and transportation:
Provided further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments or charges
by the Department of Health and Human Services unless identified in the
budget justification and provided in this Act, or approved by the House
and Senate Committees on Appropriations through the reprogramming
process: Provided further, That notwithstanding any other provision of
law, funds previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized by
title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5321 et seq. (title I), 5381 et seq.
(title V)), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
none of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has submitted
a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That with
respect to functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a reimbursable basis,
including payments in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds received from
those entities pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain available
until expended: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and
overhead costs associated with the provision of goods, services, or
technical assistance: Provided further, That the Indian Health Service
may provide to civilian medical personnel serving in hospitals operated
by the Indian Health Service housing allowances equivalent to those
that would be provided to members of the Commissioned Corps of the
United States Public Health Service serving in similar positions at
such hospitals: Provided further, That the appropriation structure for
the Indian Health Service may not be altered without advance
notification to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $79,000,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $74,691,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2019, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $2,994,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$12,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $8,750,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of Public
Law 93-531 (88 Stat. 1716): Provided further, That $1,000,000 shall be
transferred to the Office of the Inspector General of the Department of
the Interior, to remain available until expended, for audits and
investigations of the Office of Navajo and Hopi Indian Relocation,
consistent with the Inspector General Act of 1978 (5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $9,960,000, which shall
become available on July 1, 2019, and shall remain available until
September 30, 2020.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $739,994,000, to remain available until September 30, 2020,
except as otherwise provided herein; of which not to exceed $6,917,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, and the repatriation of skeletal remains program shall
remain available until expended; and including such funds as may be
necessary to support American overseas research centers: Provided,
That funds appropriated herein are available for advance payments to
independent contractors performing research services or participating
in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $303,503,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $144,202,000, to remain available until September 30, 2020, of
which not to exceed $3,640,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, with no extensions or renewals
beyond the 10 years, that address space needs created by the ongoing
renovations in the Master Facilities Plan, as authorized, $24,203,000,
to remain available until expended: Provided, That contracts awarded
for environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $24,490,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $16,800,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$12,000,000, to remain available until September 30, 2020.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $155,000,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $155,000,000 to remain available
until expended, of which $141,750,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $13,250,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $11,250,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $2,771,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $2,750,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,890,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,099,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $59,000,000, of which
$1,715,000 shall remain available until September 30, 2021, for the
Museum's equipment replacement program; and of which $4,000,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Dwight d. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
women's suffrage centennial commission
salaries and expenses
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial Commission
Act (section 431(a)(3) of division G of Public Law 115-31), $1,000,000,
to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial Commission
Act, as authorized by the World War I Centennial Commission Act (Public
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291),
for necessary expenses of the World War I Centennial Commission,
$7,000,000, to remain available until expended: Provided, That in
addition to the authority provided by section 6(g) of such Act, the
World War I Commission may accept money, in-kind personnel services,
contractual support, or any appropriate support from any executive
branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and
subactivities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2020, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2019.
contract support costs, fiscal year 2019 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2019 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2019
with the Bureau of Indian Affairs or the Indian Health Service:
Provided, That such amounts provided by this Act are not available for
payment of claims for contract support costs for prior years, or for
repayments of payments for settlements or judgments awarding contract
support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638, 25
U.S.C. 450 et seq.) or by any other Federal laws that specifically
authorize a contract within an Indian tribe as defined in section
4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment of
this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an individual
if such grant is awarded to such individual for a literature
fellowship, National Heritage Fellowship, or American Jazz Masters
Fellowship.
(2) The Chairperson shall establish procedures to ensure that
no funding provided through a grant, except a grant made to a State
or local arts agency, or regional group, may be used to make a
grant to any other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in this
subsection shall prohibit payments made in exchange for goods and
services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population of
individuals, including urban minorities, who have historically been
outside the purview of arts and humanities programs due to factors
such as a high incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of national
impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent,
in the aggregate, of such funds to any single State, excluding
grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually and
by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 415. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity.
prohibition on use of funds
Sec. 416. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 417. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 418. None of the funds made available by this or any other
Act may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or any other law.
contracting authorities
Sec. 419. Section 412 of Division E of Public Law 112-74 is
amended by striking ``fiscal year 2019'' and inserting ``fiscal year
2020''.
extension of grazing permits
Sec. 420. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the
Forest Service on any lands not subject to administration under section
402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752),
shall remain in effect for fiscal year 2019.
funding prohibition
Sec. 421. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
forest service facility realignment and enhancement act
Sec. 422. Section 503(f) of the Forest Service Facility
Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public
Law 109-54) is amended by striking ``2018'' and inserting ``2019''.
use of american iron and steel
Sec. 423. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than
25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including
on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this
section.
midway island
Sec. 424. None of the funds made available by this Act may be used
to destroy any buildings or structures on Midway Island that have been
recommended by the United States Navy for inclusion in the National
Register of Historic Places (54 U.S.C. 302101).
john f. kennedy center reauthorization
Sec. 425. Section 13 of the John F. Kennedy Center Act (20 U.S.C.
76r) is amended by striking subsections (a) and (b) and inserting the
following:
``(a) Maintenance, Repair, and Security.--There is authorized to be
appropriated to the Board to carry out section 4(a)(1)(H), $24,490,000
for fiscal year 2019.
``(b) Capital Projects.--There is authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1),
$16,800,000 for fiscal year 2019.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 426. The Secretary of the Interior is authorized to enter
into grants and cooperative agreements with volunteer fire departments,
rural fire departments, rangeland fire protection associations, and
similar organizations to provide for wildland fire training and
equipment, including supplies and communication devices.
Notwithstanding 121(c) of title 40, United States Code, or section 521
of title 40, United States Code, the Secretary is further authorized to
transfer title to excess Department of the Interior firefighting
equipment no longer needed to carry out the functions of the
Department's wildland fire management program to such organizations.
recreation fees
Sec. 427. Section 810 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6809) shall be applied by substituting ``October 1,
2020'' for ``September 30, 2019''.
policies relating to biomass energy
Sec. 428. To support the key role that forests in the United
States can play in addressing the energy needs of the United States,
the Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency shall, consistent
with their missions, jointly--
(1) ensure that Federal policy relating to forest bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of forest
biomass as an energy solution, including policies that--
(A) reflect the carbon-neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the
use of forest biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
infrastructure
Sec. 429. (a) For an additional amount for ``Environmental
Protection Agency--Hazardous Substance Superfund'', $68,000,000, of
which $60,000,000 shall be for the Superfund Remedial program and
$8,000,000 shall be for the Superfund Emergency Response and Removal
program, to remain available until expended, consisting of such sums as
are available in the Trust Fund on September 30, 2018, as authorized by
section 517(a) of the Superfund Amendments and Reauthorization Act of
1986 (SARA) and up to $68,000,000 as a payment from general revenues to
the Hazardous Substance Superfund for purposes as authorized by section
517(b) of SARA.
(b) For an additional amount for ``Environmental Protection
Agency--State and Tribal Assistance Grants,'' for environmental
programs and infrastructure assistance, including capitalization grants
for State revolving funds and performance partnership grants,
$665,000,000 to remain available until expended, of which--
(1) $300,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act; and of which $300,000,000 shall be for
making capitalization grants for the Drinking Water State Revolving
Funds under section 1452 of the Safe Drinking Water Act;
(2) $25,000,000 shall be for grants for small and disadvantaged
communities authorized in section 2104 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322);
(3) $25,000,000 shall be for grants for lead testing in school
and child care program drinking water authorized in section 2107 of
the Water Infrastructure Improvements for the Nation Act (Public
Law 114-322);
(4) $15,000,000 shall be for grants for reducing lead in
drinking water authorized in section 2105 of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322).
(c) For an additional amount for ``Environmental Protection
Agency--Water Infrastructure Finance and Innovation Program Account'',
$58,000,000, to remain available until expended, for the cost of direct
loans, for the cost of guaranteed loans, and for administrative
expenses to carry out the direct and guaranteed loan programs, of which
$3,000,000, to remain available until September 30, 2020, may be used
for such administrative expenses: Provided, That these additional
funds are available to subsidize gross obligations for the principal
amount of direct loans, including capitalized interest, and total loan
principal, including capitalized interest, any part of which is to be
guaranteed, not to exceed $6,700,000,000.
small remote incinerators
Sec. 430. None of the funds made available in this Act may be used
to implement or enforce the regulation issued on March 21, 2011 at 40
CFR part 60 subparts CCCC and DDDD with respect to units in the State
of Alaska that are defined as ``small, remote incinerator'' units in
those regulations and, until a subsequent regulation is issued, the
Administrator shall implement the law and regulations in effect prior
to such date.
clarification of exemptions
Sec. 431. None of the funds made available in this Act may be used
to require a permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for
the activities identified in subparagraphs (A) and (C) of section
404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2019''.
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $5,947,952,000, of which up to
$671,726,000 may remain available until September 30, 2020, and of
which up to $1,469,777,000 may remain available until expended for
Worldwide Security Protection: Provided, That funds made available
under this heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of persons
on a temporary basis (not to exceed $700,000), as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948, $2,871,794,000, of which up to $528,000,000
is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the regional
bureaus of the Department of State and overseas activities as
authorized by law, $1,338,227,000.
(3) Diplomatic policy and support.--For necessary expenses for
the functional bureaus of the Department of State, including
representation to certain international organizations in which the
United States participates pursuant to treaties ratified pursuant
to the advice and consent of the Senate or specific Acts of
Congress, general administration, and arms control,
nonproliferation and disarmament activities as authorized,
$773,847,000.
(4) Security programs.--For necessary expenses for security
activities, $964,084,000, of which up to $941,777,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be credited
to this appropriation from fees or other payments received from
English teaching, library, motion pictures, and publication
programs and from fees from educational advising and counseling
and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $10,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor vehicles
as authorized by law and, pursuant to section 1108(g) of title
31, United States Code, for the field examination of programs
and activities in the United States funded from any account
contained in this title.
(D) Funds appropriated under this heading that are
designated for Worldwide Security Protection shall continue to
be made available for support of security-related training at
sites in existence prior to the enactment of this Act.
(7) Clarification.--References to the ``Diplomatic and Consular
Programs'' account in any provision of law shall be construed to
include the ``Diplomatic Programs'' account in this Act and other
Acts making appropriations for the Department of State, foreign
operations, and related programs.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $92,770,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$90,829,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections:
Provided, That of the funds appropriated under this heading,
$13,624,000 may remain available until September 30, 2020.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $700,946,000, to remain available until expended, of which
not less than $271,500,000 shall be for the Fulbright Program and not
less than $111,860,000 shall be for Citizen Exchange Program:
Provided, That fees or other payments received from, or in connection
with, English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized may be credited to this
account, to remain available until expended: Provided further, That a
portion of the Fulbright awards from the Eurasia and Central Asia
regions shall be designated as Edmund S. Muskie Fellowships, following
consultation with the Committees on Appropriations: Provided further,
That any substantive modifications from the prior fiscal year to
programs funded by this Act under this heading shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $8,030,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$30,890,000, to remain available until September 30, 2020.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $777,200,000, to remain
available until September 30, 2023, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,198,249,000, to remain
available until expended: Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made
available under this heading and the actual and anticipated proceeds of
sales or gifts for all projects in fiscal year 2019.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $7,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'': Provided, That $800,000 of the funds appropriated under
this heading may not be obligated until the Secretary of State
testifies before the Committees on Appropriations concerning the fiscal
year 2020 budget request for the Department of State: Provided
further, That the limitation of the previous proviso shall not apply if
such funds are necessary for emergency evacuations and the payment of
rewards for information related to international terrorism, narcotics
related activities, transnational organized crime, and war crimes as
authorized by section 36 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708).
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$5,686,032.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions, or specific Acts of Congress, $1,264,030,000:
Provided, That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That not later than May 1, 2019, and 30 days after the end of
fiscal year 2019, the Secretary of State shall report to the Committees
on Appropriations any credits attributable to the United States,
including from the United Nations Tax Equalization Fund, and provide
updated fiscal year 2019 and fiscal year 2020 assessment costs
including offsets from available credits and updated foreign currency
exchange rates: Provided further, That any such credits shall only be
available for United States assessed contributions to the United
Nations regular budget, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed contribution,
including any payment of arrearages: Provided further, That any
notification regarding funds appropriated or otherwise made available
under this heading in this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs
submitted pursuant to section 7015 of this Act, section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or any
operating plan submitted pursuant to section 7070 of this Act, shall
include an estimate of all known credits currently attributable to the
United States and provide updated assessment costs including offsets
from available credits and updated foreign currency exchange rates:
Provided further, That any payment of arrearages under this heading
shall be directed to activities that are mutually agreed upon by the
United States and the respective international organization and shall
be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $562,344,000, of which
15 percent shall remain available until September 30, 2020: Provided,
That none of the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for such mission in the
United Nations Security Council (or in an emergency as far in advance
as is practicable), the Committees on Appropriations are notified of:
(1) the estimated cost and duration of the mission, the objectives of
the mission, the national interest that will be served, and the exit
strategy; and (2) the sources of funds, including any reprogrammings or
transfers, that will be used to pay the cost of the new or expanded
mission, and the estimated cost in future fiscal years: Provided
further, That none of the funds appropriated under this heading may be
made available for obligation unless the Secretary of State certifies
and reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is implementing
effective policies and procedures to prevent United Nations employees,
contractor personnel, and peacekeeping troops serving in such mission
from trafficking in persons, exploiting victims of trafficking, or
committing acts of sexual exploitation and abuse or other violations of
human rights, and to hold accountable individuals who engage in such
acts while participating in such mission, including prosecution in
their home countries and making information about such prosecutions
publicly available on the website of the United Nations: Provided
further, That the Secretary of State shall work with the United Nations
and foreign governments contributing peacekeeping troops to implement
effective vetting procedures to ensure that such troops have not
violated human rights: Provided further, That funds shall be available
for peacekeeping expenses unless the Secretary of State determines that
United States manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the funds
appropriated or otherwise made available under this heading may be used
for any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors have
submitted to the President a recommendation that such involvement is in
the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That
not later than May 1, 2019, and 30 days after the end of fiscal year
2019, the Secretary of State shall report to the Committees on
Appropriations any credits attributable to the United States, including
those resulting from United Nations peacekeeping missions or the United
Nations Tax Equalization Fund, and provide updated fiscal year 2019 and
fiscal year 2020 assessment costs including offsets from available
credits: Provided further, That any such credits shall only be
available for United States assessed contributions to United Nations
peacekeeping missions, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed contribution,
including any payment of arrearages: Provided further, That any
notification regarding funds appropriated or otherwise made available
under this heading in this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs
submitted pursuant to section 7015 of this Act, section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or any
operating plan submitted pursuant to section 7070 of this Act, shall
include an estimate of all known credits currently attributable to the
United States and provide updated assessment costs, including offsets
from available credits: Provided further, That any payment of
arrearages with funds appropriated by this Act shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall work with the
United Nations and members of the United Nations Security Council to
evaluate and prioritize peacekeeping missions, and to consider a draw
down when mission goals have been substantially achieved.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $48,134,000.
construction
For detailed plan preparation and construction of authorized
projects, $29,400,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by the North American
Free Trade Agreement Implementation Act (Public Law 103-182),
$13,258,000: Provided, That of the amount provided under this heading
for the International Joint Commission, up to $500,000 may remain
available until September 30, 2020, and $9,000 may be made available
for representation expenses: Provided further, That of the amount
provided under this heading for the International Boundary Commission,
$1,000 may be made available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $50,651,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East, $798,196,000:
Provided, That in addition to amounts otherwise available for such
purposes, up to $34,508,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $13,800,000 shall
be for Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be used for such
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free Europe/
Radio Liberty: Provided further, That the BBG shall notify the
Committees on Appropriations within 15 days of any determination by the
BBG that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation of the
principles and standards set forth in subsections (a) and (b) of
section 303 of the United States International Broadcasting Act of 1994
(22 U.S.C. 6202) or the entity's journalistic code of ethics: Provided
further, That significant modifications to BBG broadcast hours
previously justified to Congress, including changes to transmission
platforms (shortwave, medium wave, satellite, Internet, and
television), for all BBG language services shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That in addition to funds made available under this
heading, and notwithstanding any other provision of law, up to
$5,000,000 in receipts from advertising and revenue from business
ventures, up to $500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting
Bureau, shall remain available until expended for carrying out
authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $9,700,000, to remain available until expended, as
authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until
expended: Provided, That funds appropriated under this heading shall
be apportioned and obligated to the Foundation not later than 60 days
after enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $38,634,000, to remain available until September 30, 2020,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2019, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2019, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2019, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000: Provided, That funds appropriated under this heading
shall be apportioned and obligated to the Center not later than 60 days
after enactment of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $180,000,000, to remain available until
expended, of which $117,500,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$62,500,000 shall be for democracy programs: Provided, That the
requirements of section 7070(a) of this Act shall not apply to funds
made available under this heading: Provided further, That funds
appropriated under this heading shall be apportioned and obligated to
the Endowment not later than 60 days after enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $675,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may
procure temporary, intermittent, and other services notwithstanding
paragraph (3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2019: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et
seq.), $4,500,000, to remain available until September 30, 2020,
including not more than $4,000 for representation expenses: Provided,
That prior to the obligation of $1,000,000 of the funds appropriated
under this heading, the Commission shall consult with the appropriate
congressional committees on the steps taken to implement the
recommendations of the Independent Review of USCIRF Mission
Effectiveness that was conducted pursuant to the United States
Commission on International Religious Freedom Reauthorization Act of
2015 (Public Law 114-71), and such funds shall be subject to the
regular notification procedures of the Committees on Appropriations.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C.
3001 et seq.), $2,579,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2020.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,000,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2020.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2020:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2019 and shall apply to
funds appropriated under this heading as if included in this Act.
Western Hemisphere Drug Policy Commission
salaries and expenses
For necessary expenses of the Western Hemisphere Drug Policy
Commission, as authorized by title VI of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323), $1,500,000 to
remain available until September 30, 2020.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,214,808,000, of which up to
$182,221,000 may remain available until September 30, 2020: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development, unless the USAID
Administrator has identified such proposed use of funds in a report
submitted to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID during the
current fiscal year.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $225,000,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available subject to the regular
notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $76,600,000, of which up to
$11,490,000 may remain available until September 30, 2020, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $3,117,450,000, to remain available until September 30, 2020,
and which shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be made
available for training, equipment, and technical assistance to build
the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to, unanticipated and emerging global health threats; and (8)
family planning/reproductive health: Provided further, That funds
appropriated under this paragraph may be made available for a United
States contribution to the GAVI Alliance: Provided further, That none
of the funds made available in this Act nor any unobligated balances
from prior appropriations Acts may be made available to any
organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided further,
That any determination made under the previous proviso must be made not
later than 6 months after the date of enactment of this Act, and must
be accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects which
offer, either directly or through referral to, or information about
access to, a broad range of family planning methods and services, and
that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4)
of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,720,000,000, to remain
available until September 30, 2023, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), and shall be expended at the
minimum rate necessary to make timely payment for projects and
activities: Provided further, That the amount of such contribution
should be $1,350,000,000: Provided further, That clauses (i) and (vi)
of section 202(d)(4)(A) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622) shall be
applied with respect to such funds made available for fiscal years 2015
through 2019 by substituting ``2004'' for ``2009'': Provided further,
That up to 5 percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2019 may be made available to USAID for
technical assistance related to the activities of the Global Fund,
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this paragraph, up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $3,000,000,000, to remain
available until September 30, 2020.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $3,801,034,000,
to remain available until expended: Provided, That such funds shall be
apportioned to the United States Agency for International Development
not later than 60 days after enactment of this Act.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961,
$30,000,000, to remain available until expended, to support transition
to democracy and long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful resolution of
conflict: Provided further, That the USAID Administrator shall submit
a report to the Committees on Appropriations at least 5 days prior to
beginning a new program of assistance: Provided further, That if the
Secretary of State determines that it is important to the national
interest of the United States to provide transition assistance in
excess of the amount appropriated under this heading, up to $15,000,000
of the funds appropriated by this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961 may be used for purposes
of this heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds made
available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to support programs and activities administered
by the United States Agency for International Development to prevent or
respond to emerging or unforeseen foreign challenges and complex crises
overseas, $30,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made available on
such terms and conditions as are appropriate and necessary for the
purposes of preventing or responding to such challenges and crises,
except that no funds shall be made available for lethal assistance or
to respond to natural disasters: Provided further, That funds
appropriated under this heading may be made available notwithstanding
any other provision of law, except sections 7007, 7008, and 7018 of
this Act and section 620M of the Foreign Assistance Act of 1961:
Provided further, That funds appropriated under this heading may be
used for administrative expenses, in addition to funds otherwise
available for such purposes, except that such expenses may not exceed 5
percent of the funds appropriated under this heading: Provided
further, That funds appropriated under this heading shall be
apportioned to USAID not later than 60 days after enactment of this
Act: Provided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of the
Committees on Appropriations, except that such notifications shall be
transmitted at least 5 days prior to the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$55,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That funds provided
under this paragraph and funds provided as a gift that are used for
purposes of this paragraph pursuant to section 635(d) of the Foreign
Assistance Act of 1961 shall be made available only for micro- and
small enterprise programs, urban programs, and other programs which
further the purposes of part I of such Act: Provided further, That
funds provided as a gift that are used for purposes of this paragraph
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, and funds used for such cost, including if the cost
results in a negative subsidy, shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to general
provisions applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306 of H.R.
1486 as reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan guarantees
provided under this heading, except that the principal amount of loans
made or guaranteed under this heading with respect to any single
country shall not exceed $300,000,000: Provided further, That these
funds are available to subsidize total loan principal, any portion of
which is to be guaranteed, of up to $1,750,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $10,000,000, which may be transferred
to, and merged with, funds made available under the heading ``Operating
Expenses'' in title II of this Act: Provided, That funds made
available under this heading shall remain available until September 30,
2021: Provided further, That of the funds appropriated under this
paragraph in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs for
administrative expenses to carry out credit programs administered by
USAID, up to $1,000,000 may be made available for limited transition
costs associated with the implementation of section 1463 of the Better
Utilization of Investments Leading to Development (BUILD) Act of 2018
(division F of Public Law 115-254): Provided further, That prior to
the initial obligation of funds made available for such transition
costs, the USAID Administrator shall submit a spend plan to the
Committees on Appropriations for the use of such funds: Provided
further, That funds made available for such transition costs shall be
subject to the regular notification procedures of the Committees on
Appropriations, and may not be made available until the reorganization
plan required by section 1462(a) of the BUILD Act of 2018 is
transmitted to Congress.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $2,545,525,000, to
remain available until September 30, 2020.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $157,700,000, to remain available
until September 30, 2020, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
available by this Act for such purposes: Provided further, That the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations prior to
the obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $69,500,000, to remain
available until September 30, 2020, which shall be made available for
the Bureau for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $760,334,000, to remain available until September
30, 2020, which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and related
programs for countries identified in section 3 of Public Law 102-511
(22 U.S.C. 5801) and section 3(c) of Public Law 101-179 (22 U.S.C.
5402), in addition to funds otherwise available for such purposes:
Provided, That funds appropriated by this Act under the headings
``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be administered in
accordance with the responsibilities of the coordinator designated
pursuant to section 102 of Public Law 102-511 and section 601 of Public
Law 101-179: Provided further, That funds appropriated under this
heading shall be considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance: Provided further, That any notification of funds
made available under this heading in this Act or prior Acts making
appropriations for the Department of State, foreign operations and
related programs shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority: Provided further, That if subsequent to the notification of
assistance it becomes necessary to rely on notwithstanding authority,
the Committees on Appropriations should be informed at the earliest
opportunity and to the extent practicable.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $2,027,876,000, to remain available until expended, of which not
less than $35,000,000 shall be made available to respond to small-scale
emergency humanitarian requirements, and $5,000,000 shall be made
available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $1,000,000, to remain available until expended:
Provided, That amounts in excess of the limitation contained in
paragraph (2) of such section shall be transferred to, and merged with,
funds made available by this Act under the heading ``Migration and
Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $410,500,000, of which $6,000,000 is
for the Office of Inspector General, to remain available until
September 30, 2020: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made available
for Peace Corps overseas operations: Provided further, That of the
funds appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That none of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$905,000,000, to remain available until expended: Provided, That of
the funds appropriated under this heading, up to $105,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation: Provided further, That section 605(e) of the MCA shall
apply to funds appropriated under this heading: Provided further, That
funds appropriated under this heading may be made available for a
Millennium Challenge Compact entered into pursuant to section 609 of
the MCA only if such Compact obligates, or contains a commitment to
obligate subject to the availability of funds and the mutual agreement
of the parties to the Compact to proceed, the entire amount of the
United States Government funding anticipated for the duration of the
Compact: Provided further, That no country should be eligible for a
threshold program after such country has completed a country compact:
Provided further, That any funds that are deobligated from a Millennium
Challenge Compact shall be subject to the regular notification
procedures of the Committees on Appropriations prior to re-obligation:
Provided further, That of the funds appropriated under this heading,
not to exceed $100,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be available
for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2020: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$30,000,000, to remain available until September 30, 2020, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of
Directors of the USADF may waive the $250,000 limitation contained in
that section with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available
for such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation
from the Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $30,000,000, to remain available
until expended, of which not more than $6,000,000 may be used for
administrative expenses: Provided, That amounts made available under
this heading may be made available to contract for services as
described in section 129(d)(3)(A) of the Foreign Assistance Act of
1961, without regard to the location in which such services are
performed.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,497,469,000, to remain available until
September 30, 2020: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency
of the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of such Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial authorities,
utilizing regional partners: Provided further, That funds made
available under this heading that are transferred to another
department, agency, or instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued
in excess of $5,000,000, and any agreement made pursuant to section
632(a) of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $864,550,000, to remain
available until September 30, 2020, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the
Arms Export Control Act, or the Foreign Assistance Act of 1961 for
demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and for a
voluntary contribution to the International Atomic Energy Agency
(IAEA): Provided, That funds made available under this heading for the
Nonproliferation and Disarmament Fund shall be made available,
notwithstanding any other provision of law and subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament, and weapons
destruction, and shall remain available until expended: Provided
further, That such funds may also be used for such countries other than
the Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That funds appropriated
under this heading may be made available for the IAEA unless the
Secretary of State determines that Israel is being denied its right to
participate in the activities of that Agency: Provided further, That
funds made available for conventional weapons destruction programs,
including demining and related activities, in addition to funds
otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of such programs and
activities, subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $163,457,000: Provided, That
funds appropriated under this heading may be used, notwithstanding
section 660 of such Act, to provide assistance to enhance the capacity
of foreign civilian security forces, including gendarmes, to
participate in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than $31,000,000 shall
be made available for a United States contribution to the Multinational
Force and Observers mission in the Sinai and not less than $71,000,000
shall be made available for the Global Peace Operations Initiative:
Provided further, That none of the funds appropriated under this
heading shall be obligated except as provided through the regular
notification procedures of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $110,778,000, of which up to
$11,000,000 may remain available until September 30, 2020: Provided,
That the civilian personnel for whom military education and training
may be provided under this heading may include civilians who are not
members of a government whose participation would contribute to
improved civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That of the funds
appropriated under this heading, not to exceed $50,000 may be available
for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$5,962,241,000: Provided, That to expedite the provision of assistance
to foreign countries and international organizations, the Secretary of
State, following consultation with the Committees on Appropriations and
subject to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign security
forces: Provided further, That of the funds appropriated under this
heading, not less than $3,300,000,000 shall be available for grants
only for Israel which shall be disbursed within 30 days of enactment of
this Act: Provided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants made
available for Israel under this heading shall, as agreed by the United
States and Israel, be available for advanced weapons systems, of which
not less than $815,300,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, That funds appropriated or otherwise
made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph (5)(C) of
section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services, or design and construction services that
are not sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That not
more than $75,000,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made available
under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation expenses: Provided further, That not more than
$1,009,700,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2019 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, $339,000,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $139,575,000, to remain available until, and
to be fully disbursed no later than, September 30, 2020: Provided,
That of such amount, $136,563,000, which shall remain available until
September 30, 2019, is only available for the first installment of the
seventh replenishment of the Global Environment Facility, and shall be
obligated and disbursed not later than 90 days after enactment of this
Act: Provided further, That the Secretary shall report to the
Committees on Appropriations on the status of funds provided under this
heading not less than quarterly until fully disbursed: Provided
further, That in such report the Secretary shall provide a timeline for
the obligation and disbursement of any funds that have not yet been
obligated or disbursed.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,097,010,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $47,395,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $32,417,159, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $507,860,806.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $171,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available
until, and to be fully disbursed no later than, September 30, 2020, for
the first installment of the eleventh replenishment of the
International Fund for Agricultural Development: Provided, That the
Secretary of the Treasury shall report to the Committees on
Appropriations on the status of such payment not less than quarterly
until fully disbursed: Provided further, That in such report the
Secretary shall provide a timeline for the obligation and disbursement
of any funds that have not yet been obligated or disbursed.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $5,700,000, of which up to $855,000 may remain available until
September 30, 2020.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $110,000,000, of which up to $16,500,000 may remain available
until September 30, 2020: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That the Bank
shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets acquired by
the Bank in satisfaction of moneys owed the Bank, or the investigation
or appraisal of any property, or the evaluation of the legal,
financial, or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment has been
made, or systems infrastructure directly supporting transactions:
Provided further, That in addition to other funds appropriated for
administrative expenses, such fees shall be credited to this account
for such purposes, to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by section 9104
of title 31, United States Code, such expenditures and commitments
within the limits of funds available to it and in accordance with law
as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance programs
(including an amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed $79,200,000: Provided
further, That project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act of
1961, shall not be considered administrative expenses for the purposes
of this heading: Provided further, That of the funds appropriated
under this heading in this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs, up
to $5,000,000 may be made available for limited transition costs
associated with the implementation of section 1463 of the Better
Utilization of Investments Leading to Development (BUILD) Act of 2018
(division F of Public Law 115-254): Provided further, That prior to
the initial obligation of funds made available for such transition
costs, the President of the Overseas Private Investment Corporation
shall submit a spend plan to the Committees on Appropriations for the
use of such funds: Provided further, That funds made available for
such transition costs shall be subject to the regular notification
procedures of the Committees on Appropriations, and may not be made
available until the reorganization plan required by section 1462(a) of
the BUILD Act of 2018 is transmitted to Congress.
program account
For the cost of direct and guaranteed loans as authorized by
section 234 of the Foreign Assistance Act of 1961, $20,000,000, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account, to remain available until September 30, 2021:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That funds so obligated in fiscal year 2019
remain available for disbursement through 2027; funds obligated in
fiscal year 2020 remain available for disbursement through 2028; and
funds obligated in fiscal year 2021 remain available for disbursement
through 2029: Provided further, That notwithstanding any other
provision of law, the Overseas Private Investment Corporation is
authorized to undertake any program authorized by title IV of chapter 2
of part I of the Foreign Assistance Act of 1961 in Iraq: Provided
further, That funds made available pursuant to the authority of the
previous proviso shall be subject to the regular notification
procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $79,500,000, to remain available
until September 30, 2020, of which no more than $19,000,000 may be used
for administrative expenses: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2019 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section shall be submitted not later than 30 days after the end of
each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Information.--The
Secretary of State shall promptly inform the Committees on
Appropriations of each instance in which a Federal department or agency
is delinquent in providing the full amount of funding required by
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note).
(b) Exception.--Notwithstanding paragraph (2) of section 604(e) of
the Secure Embassy Construction and Counterterrorism Act of 1999 (title
VI of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of that
Act), as amended by section 111 of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114-323), a project to construct a
facility of the United States may include office space or other
accommodations for members of the United States Marine Corps.
(c) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2019 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note),
the Secretary of State, in consultation with the Director of the Office
of Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the contribution of
the Department of State for this purpose.
(d) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2019,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection shall include
the information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in House Report 115-829.
(e) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this Act
under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation with
the appropriate congressional committees, to address security
vulnerabilities at interim and temporary United States diplomatic
facilities abroad, including physical security upgrades and local
guard staffing, except that the amount of funds made available for
such purposes from this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs shall be a minimum of $25,000,000.
(2) Consultation.--Notwithstanding any other provision of law,
the opening, closure, or any significant modification to an interim
or temporary United States diplomatic facility shall be subject to
prior consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on
Appropriations, except that such consultation and notification may
be waived if there is a security risk to personnel.
(f) Transfer of Funds Authority.--Funds appropriated under the
headings ``Diplomatic Programs'', including for Worldwide Security
Protection, ``Emergencies in the Diplomatic and Consular Service'', and
``Embassy Security, Construction, and Maintenance'' in this Act may be
transferred to, and merged with, funds appropriated under such headings
if the Secretary of State determines and reports to the Committees on
Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board, for
emergency evacuations, or to prevent or respond to security situations
and requirements, following consultation with, and subject to the
regular notification procedures of, such Committees: Provided, That
such transfer authority is in addition to any transfer authority
otherwise available in this Act and under any other provision of law.
(g) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
recreational facilities, and residences used by United States
diplomatic personnel and their dependents, except that the amount made
available for such purposes shall be a minimum of $10,000,000.
(h) Report.--Within 45 days of enactment of this Act and every 3
months thereafter until the completion of each project, the Secretary
of State shall submit to the Committees on Appropriations a report on
the Erbil Consulate, Beirut Embassy, Jakarta Embassy, Mexico City
Embassy, and New Delhi Embassy, as described under this section in the
joint explanatory statement accompanying this Act.
(i) Secure Resupply and Maintenance.--The Secretary of State may
not grant final approval for the construction of a new facility or
substantial construction to improve or expand an existing facility in
the United States by or for the Government of the People's Republic of
China until the Secretary certifies and reports to the appropriate
congressional committees that an agreement has been concluded between
the Governments of the United States and the People's Republic of China
that permits secure resupply, maintenance, and new construction of
United States Government facilities in the People's Republic of China.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 7015
of this Act.
department of state management
Sec. 7006. (a) Financial Systems Improvement.--Funds appropriated
by this Act for the operations of the Department of State under the
headings ``Diplomatic Programs'' and ``Capital Investment Fund'' shall
be made available to implement the recommendations contained in the
Foreign Assistance Data Review Findings Report (FADR) and the Office of
Inspector General (OIG) report entitled ``Department Financial Systems
Are Insufficient to Track and Report on Foreign Assistance Funds'':
Provided, That not later than 45 days after enactment of this Act, the
Secretary of State shall submit to the Committees on Appropriations an
update to the plan required under section 7006 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31) for implementing the FADR and
OIG recommendations: Provided further, That such funds may not be
obligated for enhancements to, or expansions of, the Budget System
Modernization Financial System, Central Resource Management System,
Joint Financial Management System, or Foreign Assistance Coordination
and Tracking System until such updated plan is submitted to the
Committees on Appropriations: Provided further, That such funds may
not be obligated for new, or expansion of existing, ad hoc electronic
systems to track commitments, obligations, or expenditures of funds
unless the Secretary of State, following consultation with the Chief
Information Officer of the Department of State, has reviewed and
certified that such new system or expansion is consistent with the FADR
and OIG recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the
Working Capital Fund may only be used for the service centers included
in the Congressional Budget Justification, Department of State, Foreign
Operations, and Related Programs, Fiscal Year 2019: Provided, That the
amounts for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of this
Act: Provided further, That Federal agency components shall be charged
only for their direct usage of each Working Capital Fund service:
Provided further, That prior to increasing the percentage charged to
Department of State bureaus and offices for procurement-related
activities, the Secretary of State shall include the proposed increase
in the Department of State budget justification or, at least 60 days
prior to the increase, provide the Committees on Appropriations a
justification for such increase, including a detailed assessment of the
cost and benefit of the services provided by the procurement fee:
Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the purpose and
authorities of such components: Provided further, That the Working
Capital Fund shall be paid in advance or reimbursed at rates which will
return the full cost of each service.
(c) Certification.--
(1) Not later than 45 days after the initial obligation of
funds appropriated under titles III and IV of this Act that are
made available to a Department of State bureau or office with
responsibility for the management and oversight of such funds, the
Secretary of State shall certify and report to the Committees on
Appropriations, on an individual bureau or office basis, that such
bureau or office is in compliance with Department and Federal
financial and grants management policies, procedures, and
regulations, as applicable.
(2) When making a certification required by paragraph (1), the
Secretary of State shall consider the capacity of a bureau or
office to--
(A) account for the obligated funds at the country and
program level, as appropriate;
(B) identify risks and develop mitigation and monitoring
plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) If the Secretary of State is unable to make a certification
required by paragraph (1), the Secretary shall submit a plan and
timeline detailing the steps to be taken to bring such bureau or
office into compliance.
(4) The report accompanying a certification required by
paragraph (1) shall include the requirements contained under this
section in House Report 115-829.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Department of state.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the
Department of State under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers, and no
such transfer may be made to increase the appropriation under the
heading ``Representation Expenses''.
(2) Broadcasting board of governors.--Not to exceed 5 percent
of any appropriation made available for the current fiscal year for
the Broadcasting Board of Governors under title I of this Act may
be transferred between, and merged with, such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to this
subsection shall be treated as a reprogramming of funds under
section 7015 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
(b) Title VI Agencies.--Not to exceed 5 percent of any
appropriation, other than for administrative expenses made available
for fiscal year 2019, for programs under title VI of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under titles
II through V of this Act may be transferred to any department,
agency, or instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided in,
this Act or any other appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph (1),
in addition to transfers made by, or authorized elsewhere in, this
Act, funds appropriated by this Act to carry out the purposes of
the Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign Assistance
Act of 1961.
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department of
State with any department, agency, or instrumentality of the United
States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $1,000,000 and any
agreement made pursuant to section 632(a) of such Act, with funds
appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs
under the headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', and ``Assistance for
Europe, Eurasia and Central Asia'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall not
apply to agreements entered into between USAID and the Department
of State.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any agreement for
the transfer or allocation of funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations and related programs, entered into between the Department of
State or USAID and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that the
Inspector General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit responsibility if
the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and report to the
Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
(f) Report.--Not later than October 31, 2019, the Secretary of
State and the USAID Administrator shall each submit a report to the
Committees on Appropriations detailing all transfers to another agency
of the United States Government made pursuant to sections 632(a) and
632(b) of the Foreign Assistance Act of 1961 with funds provided in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2018 (division K of Public Law 115-141): Provided,
That such reports shall include a list of each transfer made pursuant
to such sections with the respective funding level, appropriation
account, and the receiving agency.
prohibition on certain operational expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded by this Act
in contravention of section 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this
Act for the operating expenses of any United States Government
department or agency may be used to establish or maintain a computer
network for use by such department or agency unless such network has
filters designed to block access to sexually explicit websites:
Provided, That nothing in this subsection shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency, or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such websites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act should be available to promote the sale or export
of tobacco or tobacco products, or to seek the reduction or removal by
any foreign country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the headings ``Development Credit
Authority'' and ``Assistance for Europe, Eurasia and Central Asia''
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the availability of funds pursuant to the previous proviso shall not be
applicable to such funds until the Secretary of State submits the
reports required under section 7011 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017 (division J
of Public Law 115-31) and the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2018 (division K of Public Law
115-141): Provided further, That notwithstanding any other provision
of this Act, any funds made available for the purposes of chapter 1 of
part I and chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform objectives, shall
remain available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially allocated or obligated before the expiration of their
respective periods of availability contained in this Act: Provided
further, That the Secretary of State shall provide a report to the
Committees on Appropriations not later than October 31, 2019, detailing
by account and source year, the use of this authority during the
previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency
for International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal
year 2019 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2020 and for prior
fiscal years and allocated for the central government of such country
or for the West Bank and Gaza program, as applicable, if, not later
than September 30, 2020, such taxes have not been reimbursed:
Provided, That the Secretary of State shall report to the Committees on
Appropriations by such date on the foreign governments and entities
that have not reimbursed such taxes, including any amount of funds
withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically
responsible manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not apply
to any foreign government or entity that assesses such taxes if the
Secretary of State reports to the Committees on Appropriations
that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of such
taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) Consultation.--The Secretary of State shall consult with
the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement
the prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the Government of
the United States and the government of the country receiving
assistance that describes the privileges and immunities applicable
to United States foreign assistance for such country generally, or
an individual agreement between the Government of the United States
and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation'' shall
include value added taxes and customs duties but shall not include
individual income taxes assessed to local staff.
(h) Report.--Not later than 90 days after enactment of this Act,
the Secretary of State, in consultation with the heads of other
relevant agencies of the United States Government, shall submit a
report to the Committees on Appropriations on the requirements
contained under this section in House Report 115-829.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that
are specifically designated for particular programs or activities by
this or any other Act may be extended for an additional fiscal year if
the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I and II of
this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs to the departments and
agencies funded by this Act that remain available for obligation in
fiscal year 2019, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or of currency reflows
or other offsetting collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be available for
obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under titles I
and II of this Act that remain available for obligation in fiscal year
2019, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the department
and agency funded under title I of this Act, shall be available for
obligation or expenditure for activities, programs, or projects through
a reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
and ``Peace Corps'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
activity, program, or project for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority: Provided further, That if subsequent to the notification of
assistance it becomes necessary to rely on notwithstanding authority,
the Committees on Appropriations should be informed at the earliest
opportunity and to the extent practicable.
(d) Department of Defense Programs and Funding Notifications.--
(1) Programs.--None of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available to
support or continue any program initially funded under any
authority of title 10, United States Code, or any Act making or
authorizing appropriations for the Department of Defense, unless
the Secretary of State, in consultation with the Secretary of
Defense and in accordance with the regular notification procedures
of the Committees on Appropriations, submits a justification to
such Committees that includes a description of, and the estimated
costs associated with, the support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law, funds
transferred by the Department of Defense to the Department of State
and the United States Agency for International Development for
assistance for foreign countries and international organizations
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance with
section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as other
committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accordance
with the regular notification procedures of such Committees if such
defense articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of
appropriated funds for specific countries that would receive such
excess defense articles: Provided further, That such Committees
shall also be informed of the original acquisition cost of such
defense articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to
the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context
of the circumstances necessitating such waiver: Provided further, That
any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Bolivia, Burma,
Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala,
Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua,
Pakistan, Philippines, the Russian Federation, Somalia, South Sudan,
Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe
except as provided through the regular notification procedures of the
Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided, That such notification
shall include the information specified under this section in the
explanatory statement accompanying the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018 (division K
of Public Law 115-141).
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under title I of
this Act under the heading ``Diplomatic Programs'' that are made
available for a pilot program for lateral entry into the Foreign
Service shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
(2) Other programs.--Funds appropriated by this Act that are
made available for the following programs and activities shall be
subject to the regular notification procedures of the Committees on
Appropriations--
(A) The Global Engagement Center, except that the Secretary
of State shall consult with the appropriate congressional
committees prior to submitting such notification;
(B) The Power Africa initiative, or any successor program;
(C) Community-based police assistance conducted pursuant to
the authority of section 7049(a)(1) of this Act;
(D) Programs to counter foreign fighters and extremist
organizations, pursuant to section 7071(a) of this Act;
(E) The Relief and Recovery Fund;
(F) The Indo-Pacific Strategy;
(G) The Global Security Contingency Fund;
(H) The Countering Russian Influence Fund; and
(I) Programs to end modern slavery.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Requirement to Inform, Coordinate, and Consult.--
(1) The Secretary of State shall promptly inform the
appropriate congressional committees of each instance in which
funds appropriated by this Act for assistance for Iraq, Libya,
Somalia, Syria, the Counterterrorism Partnership Fund, the Relief
and Recovery Fund, or programs to counter extremism and foreign
fighters abroad, have been diverted or destroyed, to include the
type and amount of assistance, a description of the incident and
parties involved, and an explanation of the response of the
Department of State or USAID, as appropriate: Provided, That the
Secretary shall ensure such funds are coordinated with, and
complement, the programs of other United States Government
departments and agencies and international partners in such
countries and on such activities.
(2) The Secretary of State shall consult with the Committees on
Appropriations at least seven days prior to informing a government
of, or publically announcing a decision on, the suspension of
assistance to a country or a territory, including as a result of an
interagency review of such assistance, from funds appropriated by
this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs.
document requests, records management, and related cybersecurity
protections
Sec. 7016. (a) Requests for Documents.--None of the funds
appropriated or made available pursuant to titles III through VI of
this Act shall be available to a nongovernmental organization,
including any contractor, which fails to provide upon timely request
any document, file, or record necessary to the auditing requirements of
the Department of State and the United States Agency for International
Development.
(b) Records Management and Related Cybersecurity Protections.--
(1) Limitation.--None of the funds appropriated by this Act
under the headings ``Diplomatic Programs'' and ``Capital Investment
Fund'' in title I, and ``Operating Expenses'' and ``Capital
Investment Fund'' in title II that are made available to the
Department of State and USAID may be made available to support the
use or establishment of email accounts or email servers created
outside the .gov domain or not fitted for automated records
management as part of a Federal government records management
program in contravention of the Presidential and Federal Records
Act Amendments of 2014 (Public Law 113-187).
(2) Directives.--The Secretary of State and USAID Administrator
shall--
(A) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes,
regulations, and presidential executive orders and memoranda
concerning the preservation of all records made or received in
the conduct of official business, including record emails,
instant messaging, and other online tools;
(B) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II, as appropriate, to improve Federal records
management pursuant to the Federal Records Act (44 U.S.C.
Chapters 21, 29, 31, and 33) and other applicable Federal
records management statutes, regulations, or policies for the
Department of State and USAID;
(C) direct departing employees that all Federal records
generated by such employees, including senior officials, belong
to the Federal Government;
(D) improve the response time for identifying and
retrieving Federal records, including requests made pursuant to
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act''); and
(E) strengthen cyber security measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control of
national security information, and implement the
recommendations of the applicable reports of the cognizant
Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program and
policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available in the amounts specifically designated in the respective
tables included in the joint explanatory statement accompanying this
Act: Provided, That such designated amounts for foreign countries and
international organizations shall serve as the amounts for such
countries and international organizations transmitted to Congress in
the report required by section 653(a) of the Foreign Assistance Act of
1961.
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, may only deviate
up to 10 percent from the amounts specifically designated in the
respective tables included in the joint explanatory statement
accompanying this Act: Provided, That such percentage may be exceeded
only if the Secretary of State and USAID Administrator, as applicable,
determines and reports to the Committees on Appropriations on a case-
by-case basis that such deviation is necessary to respond to
significant, exigent, or unforeseen events or to address other
exceptional circumstances directly related to the national security
interest of the United States: Provided further, That deviations
pursuant to the previous proviso shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, no deviations authorized
by subsection (b) may take place until submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables included in
the joint explanatory statement accompanying this Act;
(B) funds for which the initial period of availability has
expired;
(C) amounts designated by this Act as minimum funding
requirements; and
(D) funds made available for a country pursuant to sections
7043(c), 7047(d), and 7071(b) of this Act.
(2) The authority in subsection (b) to deviate below amounts
designated in the respective tables included in the joint
explanatory statement accompanying this Act shall not apply to the
table included under the heading ``Global Health Programs'' in such
explanatory statement.
(3) With respect to the amounts designated for ``Global
Programs'' in the table under the heading ``Economic Support Fund''
included in the joint explanatory statement accompanying this Act,
subsection (b) shall be applied by substituting ``5 percent'' for
``10 percent''.
(e) Reports.--The Secretary of State and the USAID Administrator,
as appropriate, shall submit the reports required, in the manner
described, in House Report 115-829, Senate Report 115-282, and the
joint explanatory statement accompanying this Act, unless directed
otherwise in such explanatory statement.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department, agency, or
entity funded in titles I or II of this Act, and the Department of the
Treasury and independent agencies funded in titles III or VI of this
Act, shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official agency
business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' may be obligated or
expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance fees
at sporting events, theatrical and musical productions, and
amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or otherwise
made available under titles III through VI of this Act may be made
available to any foreign government which provides lethal military
equipment to a country the government of which the Secretary of
State has determined supports international terrorism for purposes
of section 6(j) of the Export Administration Act of 1979 as
continued in effect pursuant to the International Emergency
Economic Powers Act: Provided, That the prohibition under this
section with respect to a foreign government shall terminate 12
months after that government ceases to provide such military
equipment: Provided further, That this section applies with
respect to lethal military equipment provided under a contract
entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1) or
any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation of
the assistance to be provided, the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral assistance
in titles III through VI of this Act and funds appropriated under
any such title in prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
shall not be made available to any foreign government which the
President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in the
Federal Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with the
regular notification procedures of the Committees on
Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``Foreign Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country, regional, and
central program level funding within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall
also be considered to include central, country, regional, and program
level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations within
30 days after enactment of this Act, as required by section 653(a)
of the Foreign Assistance Act of 1961 or as modified pursuant to
section 7019 of this Act.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the Overseas Private Investment Corporation
shall be obligated or expended to finance any loan, any assistance, or
any other financial commitments for establishing or expanding
production of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is expected to
become operative and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Export-Import
Bank if in the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the Committees on
Appropriations: Provided further, That this subsection shall not
prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible for
assistance from the International Bank for Reconstruction and
Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact
on the export of agricultural commodities of the United States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible for
assistance from the International Bank for Reconstruction and
Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive directors of the
international financial institutions to use the voice and vote of the
United States to oppose any assistance by such institutions, using
funds appropriated or made available by this Act, for the production or
extraction of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the government
of a foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under agreements
which result in the generation of local currencies of that country,
the Administrator of the United States Agency for International
Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case may
be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all necessary
steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as the case may
be), any unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of that
country and the United States Government.
(5) Report.--The USAID Administrator shall report as part of
the congressional budget justification submitted to the Committees
on Appropriations on the use of local currencies for the
administrative requirements of the United States Government as
authorized in subsection (a)(2)(B), and such report shall include
the amount of local currency (and United States dollar equivalent)
used or to be used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate
account and not commingle with any other funds.
(2) Applicability of other provisions of law.--Such funds may
be obligated and expended notwithstanding provisions of law which
are inconsistent with the nature of this assistance including
provisions which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House Joint Resolution
648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the President
shall submit a notification through the regular notification
procedures of the Committees on Appropriations, which shall include
a detailed description of how the funds proposed to be made
available will be used, with a discussion of the United States
interests that will be served by such assistance (including, as
appropriate, a description of the economic policy reforms that will
be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2019, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to the government of a country that violates internationally
recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to
the United States Agency for International Development may only be made
available for limited competitions through local entities if--
(1) prior to the determination to limit competition to local
entities, USAID has--
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included in such
competition; and
(B) documented the written results of the assessment and
decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined to be
responsible in accordance with USAID guidelines; and
(B) effective monitoring and evaluation systems are in
place to ensure that award funding is used for its intended
purposes; and
(3) no level of acceptable fraud is assumed.
(b) Report.--In addition to the requirements of subsection (a)(1),
the USAID Administrator shall report to the appropriate congressional
committees not later than 45 days after the end of fiscal year 2019 on
all awards subject to limited or no competition for local entities:
Provided, That such report shall be posted on the USAID website:
Provided further, That the requirements of this subsection shall only
apply to awards in excess of $3,000,000 and sole source awards to local
entities in excess of $2,000,000.
(c) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2019.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to seek to require that such
institution adopts and implements a publicly available policy,
including the strategic use of peer reviews and external experts, to
conduct independent, in-depth evaluations of the effectiveness of at
least 25 percent of all loans, grants, programs, and significant
analytical non-lending activities in advancing the institution's goals
of reducing poverty and promoting equitable economic growth, consistent
with relevant safeguards, to ensure that decisions to support such
loans, grants, programs, and activities are based on accurate data and
objective analysis: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken in fiscal year 2018 by the
United States executive directors and the international financial
institutions consistent with this subsection compared to the previous
fiscal year.
(b) Safeguards.--
(1) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development and the International Development
Association to vote against any loan, grant, policy, or strategy if
such institution has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant, policy, or
strategy that provides less protection than World Bank safeguards
in effect on September 30, 2015.
(2) The Secretary of the Treasury should instruct the United
States executive director of each international financial
institution to vote against loans or other financing for projects
unless such projects--
(A) provide for accountability and transparency, including
the collection, verification and publication of beneficial
ownership information related to extractive industries and on-
site monitoring during the life of the project;
(B) will be developed and carried out in accordance with
best practices regarding environmental conservation; cultural
protection; and empowerment of local populations, including
free, prior and informed consent of affected indigenous
communities;
(C) do not provide incentives for, or facilitate, forced
displacement; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to promote human rights due diligence and risk management,
as appropriate, in connection with any loan, grant, policy, or strategy
of such institution in accordance with the criteria specified under
this subsection in Senate Report 115-282: Provided, That prior to
voting on any such loan, grant, policy, or strategy the executive
director shall consult with the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State, if the executive director
has reason to believe that such loan, grant, policy, or strategy could
result in forced displacement or other violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to promote in loan, grant, and other financing
agreements improvements in borrowing countries' financial management
and judicial capacity to investigate, prosecute, and punish fraud and
corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to seek to require that such
institution collects, verifies, and publishes, to the maximum extent
practicable, beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company, other
than a publicly listed company, that receives funds from any such
financial institution: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken in fiscal year 2018 by the
United States executive directors and the international financial
institutions consistent with this subsection compared to the previous
fiscal year.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to seek to require that each such institution is
effectively implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers from
retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven retaliation.
debt-for-development
Sec. 7030. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be made
available for direct government-to-government assistance only if--
(A)(i) each implementing agency or ministry to receive
assistance has been assessed and is considered to have the
systems required to manage such assistance and any identified
vulnerabilities or weaknesses of such agency or ministry have
been addressed;
(ii) the recipient agency or ministry employs and utilizes
staff with the necessary technical, financial, and management
capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are in
place to ensure that such assistance is used for its intended
purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is taking
steps to publicly disclose on an annual basis its national
budget, to include income and expenditures;
(B) the recipient government is in compliance with the
principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed or
controlled by an organization designated as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189);
(D) the Government of the United States and the government
of the recipient country have agreed, in writing, on clear and
achievable objectives for the use of such assistance, which
should be made available on a cost-reimbursable basis; and
(E) the recipient government is taking steps to protect the
rights of civil society, including freedoms of expression,
association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available for
direct government-to-government assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall contain an
explanation of how the proposed activity meets the requirements of
paragraph (1): Provided further, That the requirements of this
paragraph shall only apply to direct government-to-government
assistance in excess of $10,000,000 and all funds available for
cash transfer, budget support, and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the United
States Agency for International Development or the Secretary of
State, as appropriate, shall suspend any direct government-to-
government assistance if the Administrator or the Secretary has
credible information of material misuse of such assistance, unless
the Administrator or the Secretary reports to the Committees on
Appropriations that it is in the national interest of the United
States to continue such assistance, including a justification, or
that such misuse has been appropriately addressed.
(4) Submission of information.--The Secretary of State shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2020 congressional budget justification materials,
amounts planned for assistance described in paragraph (1) by
country, proposed funding amount, source of funds, and type of
assistance.
(5) Report.--Not later than 90 days after enactment of this Act
and every 6 months thereafter until September 30, 2020, the USAID
Administrator shall submit to the Committees on Appropriations a
report that--
(A) details all assistance described in paragraph (1)
provided during the previous 6-month period by country, funding
amount, source of funds, and type of such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) Debt service payment prohibition.--None of the funds made
available by this Act may be used by the government of any foreign
country for debt service payments owed by any country to any
international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The Secretary
of State shall continue to update and strengthen the ``minimum
requirements of fiscal transparency'' for each government receiving
assistance appropriated by this Act, as identified in the report
required by section 7031(b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014 (division
K of Public Law 113-76).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements consistent
with those in subsection (a)(1), and the public disclosure of
national budget documentation (to include receipts and expenditures
by ministry) and government contracts and licenses for natural
resource extraction (to include bidding and concession allocation
practices).
(3) Determination and report.--For each government identified
pursuant to paragraph (1), the Secretary of State, not later than
180 days after enactment of this Act, shall make or update any
determination of ``significant progress'' or ``no significant
progress'' in meeting the minimum requirements of fiscal
transparency, and make such determinations publicly available in an
annual ``Fiscal Transparency Report'' to be posted on the
Department of State website: Provided, That the Secretary shall
identify the significant progress made by each such government to
publicly disclose national budget documentation, contracts, and
licenses which are additional to such information disclosed in
previous fiscal years, and include specific recommendations of
short- and long-term steps such government should take to improve
fiscal transparency: Provided further, That the annual report
shall include a detailed description of how funds appropriated by
this Act are being used to improve fiscal transparency, and
identify benchmarks for measuring progress.
(4) Assistance.--Funds appropriated under title III of this Act
shall be made available for programs and activities to assist
governments identified pursuant to paragraph (1) to improve budget
transparency and to support civil society organizations in such
countries that promote budget transparency: Provided, That such
sums shall be in addition to funds otherwise available for such
purposes: Provided further, That a description of the uses of such
funds shall be included in the annual ``Fiscal Transparency
Report'' required by paragraph (3).
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their immediate
family members about whom the Secretary of State has credible
information have been involved in significant corruption,
including corruption related to the extraction of natural
resources, or a gross violation of human rights shall be
ineligible for entry into the United States.
(B) The Secretary shall also publicly or privately
designate or identify officials of foreign governments and
their immediate family members about whom the Secretary has
such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible if entry
into the United States would further important United States law
enforcement objectives or is necessary to permit the United States
to fulfill its obligations under the United Nations Headquarters
Agreement: Provided, That nothing in paragraph (1) shall be
construed to derogate from United States Government obligations
under applicable international agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 6 months after enactment of this
Act, the Secretary of State shall submit a report, including a
classified annex if necessary, to the Committees on Appropriations
and the Committees on the Judiciary describing the information
related to corruption or violation of human rights concerning each
of the individuals found ineligible in the previous 12 months
pursuant to paragraph (1)(A) as well as the individuals who the
Secretary designated or identified pursuant to paragraph (1)(B), or
who would be ineligible but for the application of paragraph (2), a
list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the report
required under paragraph (4) shall be posted on the Department of
State website.
(6) Clarification.--For purposes of paragraphs (1)(B), (4), and
(5), the records of the Department of State and of diplomatic and
consular offices of the United States pertaining to the issuance or
refusal of visas or permits to enter the United States shall not be
considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be made
available to promote and support transparency and accountability of
expenditures and revenues related to the extraction of natural
resources, including by strengthening implementation and monitoring
of the Extractive Industries Transparency Initiative, implementing
and enforcing section 8204 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246; 122 Stat. 2052) and the amendments
made by such section, and to prevent the sale of conflict diamonds,
and provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) United states policy.--
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions, and
post on the Department of the Treasury website, that it is the
policy of the United States to vote against any assistance by
such institutions (including any loan, credit, grant, or
guarantee) to any country for the extraction and export of a
natural resource if the government of such country has in place
laws, regulations, or procedures to prevent or limit the public
disclosure of company payments as required by United States
law, and unless such government has adopted laws, regulations,
or procedures in the sector in which assistance is being
considered for--
(i) accurately accounting for and public disclosure of
payments to the host government by companies involved in
the extraction and export of natural resources;
(ii) the independent auditing of accounts receiving
such payments and public disclosure of the findings of such
audits; and
(iii) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or disclosure
for the redaction of, or exceptions for, information that
is commercially proprietary or that would create
competitive disadvantage.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of this subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the Department of State foreign assistance
website: Provided, That all Federal agencies funded under this Act
shall provide such information on foreign assistance, upon request, to
the Department of State.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support Fund'',
``Democracy Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $2,400,000,000 shall be made available
for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant to
paragraph (1), not less than $89,540,000 shall be made available to
the Bureau of Democracy, Human Rights, and Labor, Department of
State, at not less than the amounts specified for certain countries
and regional programs designated in the table under this section in
the joint explanatory statement accompanying this Act.
(b) Authorities.--
(1) Funds made available by this Act for democracy programs
pursuant to subsection (a) and under the heading ``National
Endowment for Democracy'' may be made available notwithstanding any
other provision of law, and with regard to the National Endowment
for Democracy (NED), any regulation.
(2) Funds made available by this Act for the NED are made
available pursuant to the authority of the National Endowment for
Democracy Act (title V of Public Law 98-164), including all
decisions regarding the selection of beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law, as
determined by the Secretary of State or the Administrator of the United
States Agency for International Development, as appropriate.
(e) Restriction on Prior Approval.--With respect to the provision
of assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country: Provided, That the
Secretary of State, in coordination with the USAID Administrator, shall
report to the Committees on Appropriations, not later than 120 days
after enactment of this Act, detailing steps taken by the Department of
State and USAID to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus
building programs abroad with funds appropriated by this Act in a
manner that recognizes the unique benefits of grants and cooperative
agreements in implementing such programs: Provided, That nothing in
this paragraph shall be construed to affect the ability of any entity,
including United States small businesses, from competing for proposals
for USAID-funded civil society and political competition and consensus
building programs.
(g) Informing the National Endowment for Democracy.--The Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State,
and the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall regularly inform the National
Endowment for Democracy of democracy programs that are planned and
supported by funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs.
(h) Protection of Civil Society Activists and Journalists.--Of the
funds appropriated by this Act under the headings ``Economic Support
Fund'' and ``Democracy Fund'', not less than $15,000,000 shall be made
available to support and protect civil society activists and
journalists who have been threatened, harassed, or attacked, consistent
with the action plan submitted pursuant to, and on the same terms and
conditions of, section 7032(i) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018 (division K
of Public Law 115-141).
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and Special
Envoy to Promote Religious Freedom.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic Programs'' shall be made available for the
Office of International Religious Freedom, Bureau of Democracy,
Human Rights, and Labor, Department of State, and the Special Envoy
to Promote Religious Freedom of Religious Minorities in the Near
East and South Central Asia, as authorized in the Near East and
South Central Asia Religious Freedom Act of 2014 (Public Law 113-
161), including for support staff at not less than the amounts
specified for such offices in the table under such heading in the
joint explanatory statement accompanying this Act.
(2) Curriculum.--Funds appropriated under the heading
``Diplomatic Programs'' and designated for the Office of
International Religious Freedom shall be made available for the
development and implementation of an international religious
freedom curriculum in accordance with section 708(a)(2) of the
Foreign Service Act of 1980 (22 U.S.C. 4028(a)(2)).
(b) Assistance.--
(1) International religious freedom programs.--Of the funds
appropriated by this Act under the heading ``Democracy Fund'' and
available for the Human Rights and Democracy Fund, not less than
$10,000,000 shall be made available for international religious
freedom programs: Provided, That the Ambassador-at-Large for
International Religious Freedom shall consult with the Committees
on Appropriations on the uses of such funds.
(2) Protection and investigation programs.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $10,000,000 shall be made available for
programs to protect vulnerable and persecuted religious minorities:
Provided, That a portion of such funds shall be made available for
programs to investigate the persecution of such minorities by
governments and non-state actors and for the public dissemination
of information collected on such persecution, including on the
Department of State website.
(3) Humanitarian programs.--Funds appropriated by this Act
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall be made available for
humanitarian assistance for vulnerable and persecuted religious
minorities, including victims of genocide designated by the
Secretary of State and other groups that have suffered crimes
against humanity and ethnic cleansing, to--
(A) facilitate the implementation of an immediate,
coordinated, and sustained response to provide humanitarian
assistance;
(B) enhance protection of conflict victims, including those
facing a dire humanitarian crisis and severe persecution
because of their faith or ethnicity;
(C) improve access to secure locations for obtaining
humanitarian and resettlement services; and
(D) build resilience and help reestablish livelihoods for
displaced and persecuted persons in their communities of
origin.
(4) Transitional justice, reconciliation, and reintegration
programs.--Of the funds appropriated by this Act that are made
available for the Relief and Recovery Fund, not less than
$5,000,000 shall be made available to support transitional justice,
reconciliation, and reintegration programs for vulnerable and
persecuted religious minorities, including in the Middle East and
North Africa regions: Provided, That such funds shall be matched,
to the maximum extent practicable, from sources other than the
United States Government.
(5) Responsibility for funds.--Funds made available by
paragraphs (1) and (2) shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials.
(c) International Broadcasting.--Funds appropriated by this Act
under the heading ``Broadcasting Board of Governors, International
Broadcasting Operations'' shall be made available for programs related
to international religious freedom, including reporting on the
condition of vulnerable and persecuted religious groups.
(d) Funding Clarification.--
(1) Funds made available pursuant to subsection (b) are in
addition to amounts otherwise made available for such purposes.
(2) Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under the heading ``Economic Support Fund'' may be
made available notwithstanding any other provision of law for
assistance for ethnic and religious minorities in Iraq and Syria.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of
such trafficking, may be made available notwithstanding any other
provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $10,000,000 shall be made
available for forensic anthropology assistance related to the
exhumation and identification of victims of war crimes, crimes
against humanity, and genocide, which shall be administered by the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State: Provided, That such funds shall be in
addition to funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs for assistance for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not less
than $8,000,000 shall be made available for DNA forensic technology
programs to combat human trafficking in Central America and Mexico.
(c) Atrocities Prevention.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $5,000,000 shall
be made available for programs to prevent atrocities, including to
implement recommendations of the Atrocities Prevention Board, or any
successor entity: Provided, That the Under Secretary for Civilian
Security, Democracy, and Human Rights, Department of State, shall be
responsible for providing the strategic policy direction for, and
policy oversight of, funds made available pursuant to this subsection
to the Bureaus of International Narcotics and Law Enforcement Affairs
and Democracy, Human Rights, and Labor, Department of State: Provided
further, That funds made available pursuant to this subsection are in
addition to amounts otherwise made available for such purposes:
Provided further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development, from this or any other Act, may be made
available as a general contribution to the World Food Programme,
notwithstanding any other provision of law.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent States
of the Former Soviet Union as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C. 4501 et
seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' may be made available as contributions to establish
and maintain memorial sites of genocide, subject to the regular
notification procedures of the Committees on Appropriations.
(3) Additional authorities.--Of the amounts made available by
title I of this Act under the heading ``Diplomatic Programs'', up
to $500,000 may be made available for grants pursuant to section
504 of the Foreign Relations Authorization Act, Fiscal Year 1979
(22 U.S.C. 2656d), including to facilitate collaboration with
indigenous communities, and up to $1,000,000 may be made available
for grants to carry out the activities of the Cultural Antiquities
Task Force.
(4) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may not
exceed $100,000: Provided further, That no more than 10 such
awards may be made during fiscal year 2019: Provided further, That
for purposes of this paragraph the term ``innovation incentive
award'' means the provision of funding on a competitive basis
that--
(A) encourages and rewards the development of solutions for
a particular, well-defined problem related to the alleviation
of poverty; or
(B) helps identify and promote a broad range of ideas and
practices facilitating further development of an idea or
practice by third parties.
(5) Exchange visitor program.--None of the funds made available
by this Act may be used to modify the Exchange Visitor Program
administered by the Department of State to implement the Mutual
Educational and Cultural Exchange Act of 1961, as amended, (Public
Law 87-256; 22 U.S.C. 2451 et seq.), except through the formal
rulemaking process pursuant to the Administrative Procedure Act and
notwithstanding the exceptions to such rulemaking process in such
Act: Provided, That funds made available for such purpose shall
only be made available after consultation with, and subject to the
regular notification procedures of, the Committees on
Appropriations, regarding how any proposed modification would
affect the public diplomacy goals of, and the estimated economic
impact on, the United States.
(6) Report.--The report required by section 502(d) of the
Intelligence Authorization Act for Fiscal Year 2017 (division N of
Public Law 115-31; 22 U.S.C. 254a note) shall be provided to the
Committees on Appropriations.
(7) Private sector partnerships.--Of the funds appropriated by
this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, up to $50,000,000 may remain available until
September 30, 2021: Provided, That funds made available pursuant
to this paragraph may only be made available following prior
consultation with the appropriate congressional committees, and the
regular notification procedures of the Committees on
Appropriations.
(f) Partner Vetting.--Prior to initiating a partner vetting
program, or making significant changes to the scope of an existing
partner vetting program, the Secretary of State and USAID
Administrator, as appropriate, shall consult with the Committees on
Appropriations.
(g) Contingencies.--During fiscal year 2019, the President may use
up to $125,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(h) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking
appropriate steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(i) Cultural Preservation Project Determination.--None of the funds
appropriated in titles I and III of this Act may be used for the
preservation of religious sites unless the Secretary of State or the
USAID Administrator, as appropriate, determines and reports to the
Committees on Appropriations that such sites are historically,
artistically, or culturally significant, that the purpose of the
project is neither to advance nor to inhibit the free exercise of
religion, and that the project is in the national interest of the
United States.
(j) Transfer of Funds for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the heading
``Protection of Foreign Missions and Officials'' unobligated balances
of expired funds appropriated under the heading ``Diplomatic Programs''
for fiscal year 2019, except for funds designated for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985, at no later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(k) Authority to Counter Extremism.--Funds made available by this
Act under the heading ``Economic Support Fund'' to counter extremism
may be made available notwithstanding any other provision of law
restricting assistance to foreign countries, except sections 502B and
620A of the Foreign Assistance Act of 1961: Provided, That the use of
the authority of this subsection shall be subject to prior consultation
with the appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(l) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--Section 7034(k) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue in effect during
fiscal year 2019.
(m) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting
``September 30, 2019'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained in
section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September 30,
2019.
(3) USAID civil service annuitant waiver.--Section 625(j)(1) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be
applied by substituting ``September 30, 2019'' for ``October 1,
2010'' in subparagraph (B).
(4) Overseas pay comparability and limitation.--
(A) Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the Supplemental
Appropriations Act, 2009 (Public Law 111-32) shall remain in
effect through September 30, 2019.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009 (Public Law 111-32)) a locality-based comparability
payment (stated as a percentage) that exceeds two-thirds of the
amount of the locality-based comparability payment (stated as a
percentage) that would be payable to such member under section
5304 of title 5, United States Code, if such member's official
duty station were in the District of Columbia.
(5) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2018'' and
inserting ``2018, and 2019''; and
(ii) in subsection (e), by striking ``2018'' each place
it appears and inserting ``2019''; and
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2018'' and inserting ``2019''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations Act,
2010 (Public Law 111-212) shall remain in effect through September
30, 2019.
(7) Accountability review boards.--The authority provided by
section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in
effect for facilities in Afghanistan through September 30, 2019,
except that the notification and reporting requirements contained
in such section shall include the Committees on Appropriations.
(8) Special inspector general for afghanistan reconstruction
competitive status.--Notwithstanding any other provision of law,
any employee of the Special Inspector General for Afghanistan
Reconstruction (SIGAR) who completes at least 12 months of
continuous service after the date of enactment of this Act or who
is employed on the date on which SIGAR terminates, whichever occurs
first, shall acquire competitive status for appointment to any
position in the competitive service for which the employee
possesses the required qualifications.
(9) Transfer of balances.--Section 7081(h) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31) shall continue in effect
during fiscal year 2019.
(10) Department of state inspector general waiver authority.--
The Inspector General of the Department of State may waive the
provisions of subsections (a) through (d) of section 824 of the
Foreign Service Act of 1980 (22 U.S.C. 4064) on a case-by-case
basis for an annuitant reemployed by the Inspector General on a
temporary basis, subject to the same constraints and in the same
manner by which the Secretary of State may exercise such waiver
authority pursuant to subsection (g) of such section.
(11) Extension of loan guarantees to israel.--Chapter 5 of
title I of the Emergency Wartime Supplemental Appropriations Act,
2003 (Public Law 108-11; 117 Stat. 576) is amended under the
heading ``Loan Guarantees to Israel''--
(A) in the matter preceding the first proviso, by striking
``September 30, 2019'' and inserting ``September 30, 2023'';
and
(B) in the second proviso, by striking ``September 30,
2019'' and inserting ``September 30, 2023''.
(n) Monitoring and Evaluation.--Funds appropriated by this Act that
are available for monitoring and evaluation of assistance under the
headings ``Development Assistance'', ``International Disaster
Assistance'' and ``Migration and Refugee Assistance'' shall, as
appropriate, be made available for the regular collection of feedback
obtained directly from beneficiaries on the quality and relevance of
such assistance: Provided, That the Department of State and USAID
shall establish procedures for implementing partners that receive funds
under such headings for regularly collecting and responding to such
feedback, informing the Department of State and USAID of such
procedures, and reporting to the Department of State and USAID on
actions taken in response to the feedback received: Provided further,
That the Department of State and USAID shall regularly conduct
oversight to ensure that such feedback is regularly collected and used
by implementing partners to maximize the cost-effectiveness and utility
of such assistance.
(o) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria, and
tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriation Act,
2005 (Public Law 108-447) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds deposited
for such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall
include in the congressional budget justification an accounting of
budgetary resources, disbursements, balances, and reimbursements
related to such fund.
(p) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs
may be made available for the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of loan guarantees for Egypt,
Jordan, Tunisia, and Ukraine, which are authorized to be provided:
Provided, That amounts made available under this paragraph for the
costs of such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country.
(2) Designation requirement.--Funds made available pursuant to
paragraph (1) from prior Acts making appropriations for the
Department of State, foreign operations, and related programs that
were previously designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of such Act.
(3) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject to
prior consultation with the appropriate congressional committees,
and subject to the regular notification procedures of the
Committees on Appropriations.
(q) Local Works.--
(1) Of the funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$50,000,000 shall be made available for Local Works pursuant to
section 7080 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of Public Law
113-235), which may remain available until September 30, 2023.
(2) For the purposes of section 7080 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235), ``eligible entities''
shall be defined as small local, international, and United States-
based nongovernmental organizations, educational institutions, and
other small entities that have received less than a total of
$5,000,000 from USAID over the previous 5 fiscal years: Provided,
That departments or centers of such educational institutions may be
considered individually in determining such eligibility.
(r) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House of
Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the term
``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs'' means funds that remain available for
obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund,
the International Fund for Agricultural Development, the Asian
Development Fund, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank, the
African Development Fund, and the Multilateral Investment Guarantee
Agency.
(4) Southern kordofan reference.--Any reference to Southern
Kordofan in this or any other Act making appropriations for the
Department of State, foreign operations, and related programs shall
be deemed to include portions of Western Kordofan that were
previously part of Southern Kordofan prior to the 2013 division of
Southern Kordofan.
(5) USAID.--In this Act, the term ``USAID'' means the United
States Agency for International Development.
(6) Spend plan.--In this Act, the term ``spend plan'' means a
plan for the uses of funds appropriated for a particular entity,
country, program, purpose, or account and which shall include, at a
minimum, a description of--
(A) realistic and sustainable goals, criteria for measuring
progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or planned
programs; and
(D) implementing partners, to the maximum extent
practicable.
(7) United states agency for global media.--References to the
``Broadcasting Board of Governors, International Broadcasting
Operations'' account in any provision of law shall be construed to
include the ``United States Agency for Global Media'' account in
Acts making appropriations for the Department of State, foreign
operations, and related programs: Provided, That references to the
``Broadcasting Board of Governors'' or ``BBG'' in this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be construed to
include the ``United States Agency for Global Media'' or ``USAGM''.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel, is
an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably reinstated
in 1997, should be immediately and publicly terminated, and the
Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue to
vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage Arab
League states to normalize their relations with Israel to bring
about the termination of the Arab League boycott of Israel,
including those to encourage allies and trading partners of the
United States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a new
Palestinian state) is working with other countries in the region to
vigorously pursue efforts to establish a just, lasting, and
comprehensive peace in the Middle East that will enable Israel and
an independent Palestinian state to exist within the context of
full and normal relationships, which should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment
of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and
Jericho or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States and
officials of the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United States
Government business with such authority should continue to take place
in locations other than Jerusalem: Provided further, That as has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in the
Palestinian Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2019, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for assistance
under the West Bank and Gaza Program may be made available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism;
and
(B) any educational institution located in the West Bank or
Gaza that is named after an individual who the Secretary of
State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds made
available by this or prior appropriations Acts, including funds
made available by transfer, may be made available for obligation
for security assistance for the West Bank and Gaza until the
Secretary of State reports to the Committees on Appropriations on
the benchmarks that have been established for security assistance
for the West Bank and Gaza and reports on the extent of Palestinian
compliance with such benchmarks.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-Federal
audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure, among
other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,000,000 may
be used by the Office of Inspector General of the United States
Agency for International Development for audits, investigations,
and other activities in furtherance of the requirements of this
subsection: Provided, That such funds are in addition to funds
otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2019 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI of
this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas is
a member, or that results from an agreement with Hamas and over
which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assistance
may be provided to a power-sharing government only if the President
certifies and reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent, has
publicly accepted and is complying with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended.
(3) The President may exercise the authority in section 620K(e)
of the Foreign Assistance Act of 1961, as added by the Palestinian
Anti-Terrorism Act of 2006 (Public Law 109-446) with respect to
this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the certification
and every quarter thereafter on whether such government, including
all of its ministers or such equivalent are continuing to comply
with the principles contained in section 620K(b)(1) (A) and (B) of
the Foreign Assistance Act of 1961, as amended: Provided, That the
report shall also detail the amount, purposes and delivery
mechanisms for any assistance provided pursuant to the
abovementioned certification and a full accounting of any direct
support of such government.
(5) None of the funds appropriated under titles III through VI
of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this Act
that are available for assistance for Egypt may be made available
notwithstanding any other provision of law restricting assistance
for Egypt, except for this subsection and section 620M of the
Foreign Assistance Act of 1961, and may only be made available for
assistance for the Government of Egypt if the Secretary of State
certifies and reports to the Committees on Appropriations that such
government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', up to $112,500,000 may
be made available for assistance for Egypt, of which not less
than $35,000,000 should be made available for higher education
programs including not less than $10,000,000 for scholarships
for Egyptian students with high financial need to attend not-
for-profit institutions of higher education: Provided, That
such funds shall be made available for democracy programs, and
for development programs in the Sinai: Provided further, That
such funds may not be made available for cash transfer
assistance or budget support unless the Secretary of State
certifies and reports to the appropriate congressional
committees that the Government of Egypt is taking consistent
and effective steps to stabilize the economy and implement
market-based economic reforms.
(B) Withholding.--The Secretary of State shall withhold
from obligation funds appropriated by this Act under the
heading ``Economic Support Fund'' for assistance for Egypt, an
amount of such funds that the Secretary determines to be
equivalent to that expended by the United States Government for
bail, and by nongovernmental organizations for legal and court
fees, associated with democracy-related trials in Egypt until
the Secretary certifies and reports to the Committees on
Appropriations that the Government of Egypt has dismissed the
convictions issued by the Cairo Criminal Court on June 4, 2013,
in ``Public Prosecution Case No. 1110 for the Year 2012'', and
has not subjected the defendants to further prosecution or if
convicted they have been granted full pardons.
(C) Limitation.--None of the funds appropriated by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ``Economic Support Fund'' may be made available for a
contribution, voluntary or otherwise, to the ``Civil
Associations and Foundations Support Fund'', or any similar
fund, established pursuant to Law 70 on Associations and Other
Foundations Working in the Field of Civil Work published in the
Official Gazette of Egypt on May 29, 2017.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'', up to
$1,300,000,000, to remain available until September 30, 2020,
may be made available for assistance for Egypt: Provided, That
such funds may be transferred to an interest bearing account in
the Federal Reserve Bank of New York, following consultation
with the Committees on Appropriations: Provided further, That
$300,000,000 of such funds shall be withheld from obligation
until the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Egypt is
taking sustained and effective steps to--
(i) advance democracy and human rights in Egypt,
including to govern democratically and protect religious
minorities and the rights of women, which are in addition
to steps taken during the previous calendar year for such
purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly, including
the ability of civil society organizations, human rights
defenders, and the media to function without interference;
(iii) release political prisoners and provide detainees
with due process of law;
(iv) hold Egyptian security forces accountable,
including officers credibly alleged to have violated human
rights;
(v) investigate and prosecute cases of extrajudicial
killings and forced disappearances; and
(vi) provide regular access for United States officials
to monitor such assistance in areas where the assistance is
used:
Provided further, That the certification requirement of this
paragraph shall not apply to funds appropriated by this Act
under such heading for counterterrorism, border security, and
nonproliferation programs for Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the Secretary
determines and reports to the Committees on Appropriations that
to do so is important to the national security interest of the
United States, and submits a report to such Committees
containing a detailed justification for the use of such waiver
and the reasons why any of the requirements of subparagraph (A)
cannot be met, and including an assessment of the compliance of
the Government of Egypt with United Nations Security Council
Resolution 2270 and other such resolutions regarding North
Korea: Provided, That the report required by this paragraph
shall be submitted in unclassified form, but may be accompanied
by a classified annex.
(4) Oversight requirement.--The Secretary of State shall take
all practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by this
subsection for assistance for Egypt.
(5) Consultation requirement.--Not later than 90 days after
enactment of this Act, the Secretary of State shall consult with
the Committees on Appropriations on any plan to restructure
military assistance for Egypt.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the headings
``Diplomatic Programs'', ``Economic Support Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related Programs''
shall be used by the Secretary of State--
(A) to support the United States policy to prevent Iran
from achieving the capability to produce or otherwise obtain a
nuclear weapon;
(B) to support an expeditious response to any violation of
United Nations Security Council Resolutions or to efforts that
advance Iran's nuclear program;
(C) to support the implementation and enforcement of
sanctions against Iran for support of nuclear weapons
development, terrorism, human rights abuses, and ballistic
missile and weapons proliferation; and
(D) for democracy programs for Iran, to be administered by
the Assistant Secretary for Near Eastern Affairs, Department of
State, in consultation with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State.
(2) Continuation of prohibition.--The terms and conditions of
section 7041(c)(2) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2012 (division I of Public
Law 112-74) shall continue in effect during fiscal year 2019.
(3) Reports.--
(A) Semi-annual report.--The Secretary of State shall
submit to the Committees on Appropriations the semi-annual
report required by section 135 of the Atomic Energy Act of 1954
(42 U.S.C. 2160e(d)(4)), as added by section 2 of the Iran
Nuclear Agreement Review Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a report on the
status of the implementation and enforcement of bilateral
United States and multilateral sanctions against Iran and
actions taken by the United States and the international
community to enforce such sanctions against Iran: Provided,
That the report shall also include any entities involved in
providing significant support for the development of a
ballistic missile by the Government of Iran after October 1,
2015, including shipping and financing, and note whether such
entities are currently under United States sanctions: Provided
further, That such report shall be submitted in an unclassified
form, but may contain a classified annex if necessary.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Iraq for--
(A) bilateral economic assistance and international
security assistance, including for the Marla Ruzicka Iraqi War
Victims Fund;
(B) stabilization assistance at not less than the amounts
specified for such purpose in the table under this subsection
in the joint explanatory statement accompanying this Act;
(C) humanitarian assistance, including in the Kurdistan
Region of Iraq; and
(D) programs to protect and assist religious and ethnic
minority populations in Iraq.
(2) Basing rights agreement.--None of the funds appropriated or
otherwise made available by this Act may be used by the Government
of the United States to enter into a permanent basing rights
agreement between the United States and Iraq.
(d) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,525,000,000 shall be made available for
assistance for Jordan, of which: not less than $1,082,400,000 shall be
made available under the heading ``Economic Support Fund'', of which
not less than $745,100,000 shall be made available for budget support
for the Government of Jordan; and not less than $425,000,000 shall be
made available under the heading ``Foreign Military Financing
Program''.
(e) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act may
be made available for the Lebanese Internal Security Forces (ISF)
or the Lebanese Armed Forces (LAF) if the ISF or the LAF is
controlled by a foreign terrorist organization, as designated
pursuant to section 219 of the Immigration and Nationality Act (8
U.S.C. 1189).
(2) Consultation.--Funds appropriated by this Act under the
headings ``International Narcotics Control and Law Enforcement''
and ``Foreign Military Financing Program'' that are available for
assistance for Lebanon may be made available for programs and
equipment for the ISF and the LAF to address security and stability
requirements in areas affected by the conflict in Syria, following
consultation with the appropriate congressional committees.
(3) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are available for
assistance for Lebanon may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(4) Foreign military financing program.--In addition to the
activities described in paragraph (2), funds appropriated by this
Act under the heading ``Foreign Military Financing Program'' for
assistance for Lebanon may be made available only to
professionalize the LAF and to strengthen border security and
combat terrorism, including training and equipping the LAF to
secure Lebanon's borders, interdicting arms shipments, preventing
the use of Lebanon as a safe haven for terrorist groups, and to
implement United Nations Security Council Resolution 1701:
Provided, That funds may not be obligated for assistance for the
LAF until the Secretary of State submits to the Committees on
Appropriations a spend plan, including actions to be taken to
ensure equipment provided to the LAF is only used for the intended
purposes, except such plan may not be considered as meeting the
notification requirements under section 7015 of this Act or under
section 634A of the Foreign Assistance Act of 1961, and shall be
submitted not later than September 1, 2019: Provided further, That
any notification submitted pursuant to such sections shall include
any funds specifically intended for lethal military equipment.
(f) Libya.--
(1) Assistance.--Funds appropriated under titles III and IV of
this Act shall be made available for stabilization assistance for
Libya, including border security: Provided, That the limitation on
the uses of funds for certain infrastructure projects in section
7041(f)(2) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2014 (division K of Public Law
113-76) shall apply to such funds.
(2) Certification.--Prior to the initial obligation of funds
made available by this Act for assistance for Libya, the Secretary
of State shall certify and report to the Committees on
Appropriations that all practicable steps have been taken to ensure
that mechanisms are in place for monitoring, oversight, and control
of such funds.
(3) Cooperation on the september 2012 attack on united states
personnel and facilities.--None of the funds appropriated by this
Act may be made available for assistance for the central Government
of Libya unless the Secretary of State certifies and reports to the
Committees on Appropriations that such government is cooperating
with United States Government efforts to investigate and bring to
justice those responsible for the attack on United States personnel
and facilities in Benghazi, Libya in September 2012: Provided,
That the limitation in this paragraph shall not apply to funds made
available for the purpose of protecting United States Government
personnel or facilities.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara: Provided, That not later
than 90 days after enactment of this Act and prior to the
obligation of such funds, the Secretary of State, in consultation
with the USAID Administrator, shall consult with the Committees on
Appropriations on the proposed uses of such funds.
(2) Foreign military financing program.--Funds appropriated by
this Act under the heading ``Foreign Military Financing Program''
that are available for assistance for Morocco may only be used for
the purposes requested in the Congressional Budget Justification,
Foreign Operations, Fiscal Year 2017.
(h) Refugee Assistance in North Africa.--Not later than 45 days
after enactment of this Act, the Secretary of State, after consultation
with the United Nations High Commissioner for Refugees and the
Executive Director of the World Food Programme, shall submit a report
to the Committees on Appropriations describing steps taken to
strengthen monitoring of the delivery of humanitarian assistance
provided for refugees in North Africa, including any steps taken to
ensure that all vulnerable refugees are receiving such assistance.
(i) Syria.--
(1) Non-lethal assistance.--Of the funds appropriated by this
Act under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Peacekeeping
Operations'', not less than $40,000,000 shall be made available,
notwithstanding any other provision of law, for non-lethal
stabilization assistance for Syria, of which not less than
$7,000,000 shall be made available for emergency medical and rescue
response and chemical weapons use investigations.
(2) Syrian organizations.--Funds appropriated by this Act that
are made available for assistance for Syria shall be made
available, on an open and competitive basis, to continue to
strengthen the capability of Syrian civil society organizations to
address the immediate and long-term needs of the Syrian people in
Syria in a manner that supports the sustainability of such
organizations in implementing Syrian-led humanitarian and
development programs: Provided, That funds made available by this
paragraph shall be administered by the Bureau for Democracy, Human
Rights, and Labor, Department of State.
(3) Limitations.--Funds made available pursuant to paragraph
(1) of this subsection--
(A) may not be made available for a project or activity
that supports or otherwise legitimizes the Government of Iran,
foreign terrorist organizations (as designated pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189)), or a proxy of Iran in Syria; and
(B) should not be used in areas of Syria controlled by a
government led by Bashar al-Assad or associated forces.
(4) Monitoring and oversight.--Prior to the obligation of funds
appropriated by this Act and made available for assistance for
Syria, the Secretary of State shall take all practicable steps to
ensure that mechanisms are in place for monitoring, oversight, and
control of such assistance inside Syria.
(5) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available following
consultation with the appropriate congressional committees, and
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(j) Tunisia.--Of the funds appropriated under titles III and IV of
this Act, not less than $191,400,000 shall be made available for
assistance for Tunisia.
(k) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation of
funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on Appropriations
that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available for
assistance for the Palestinian Authority, if after the date of
enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations
or any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(II) the Palestinians initiate an International
Criminal Court (ICC) judicially authorized investigation,
or actively support such an investigation, that subjects
Israeli nationals to an investigation for alleged crimes
against Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the application
of subclause (I) of such clause if the Secretary certifies to
the Committees on Appropriations that to do so is in the
national security interest of the United States, and submits a
report to such Committees detailing how the waiver and the
continuation of assistance would assist in furthering Middle
East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and
the appropriate congressional committees that the Palestinians
have not, after the date of enactment of this Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated
between Israel and the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for alleged crimes
against Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under the
preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(3) Reduction.--The Secretary of State shall reduce the amount
of assistance made available by this Act under the heading
``Economic Support Fund'' for the Palestinian Authority by an
amount the Secretary determines is equivalent to the amount
expended by the Palestinian Authority, the Palestine Liberation
Organization, and any successor or affiliated organizations with
such entities as payments for acts of terrorism by individuals who
are imprisoned after being fairly tried and convicted for acts of
terrorism and by individuals who died committing acts of terrorism
during the previous calendar year: Provided, That the Secretary
shall report to the Committees on Appropriations on the amount
reduced for fiscal year 2019 prior to the obligation of funds for
the Palestinian Authority.
(4) Private sector partnership programs.--Funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for private sector partnership programs for the West Bank
and Gaza if such funds are authorized: Provided, That funds made
available pursuant to this paragraph shall be subject to prior
consultation with the appropriate congressional committees, and the
regular notification procedures of the Committees on
Appropriations.
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law 110-
252) shall apply to funds made available by this Act, including a
description of modifications, if any, to the security strategy of
the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after enactment
of this Act, the Secretary of State shall submit a report to the
appropriate congressional committees detailing steps taken by the
Palestinian Authority to counter incitement of violence against
Israelis and to promote peace and coexistence with Israel.
(l) Yemen.--Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for stabilization
assistance for Yemen.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only
for Expanded International Military Education and Training and
professional military education until the Secretary of State determines
and reports to the Committees on Appropriations that such government is
not facilitating or otherwise participating in destabilizing activities
in a neighboring country, including aiding and abetting armed groups.
(b) Central African Republic.--Funds made available by this Act for
assistance for the Central African Republic shall be made available for
reconciliation and peacebuilding programs, including activities to
promote inter-faith dialogue at the national and local levels, and for
programs to prevent crimes against humanity.
(c) Counter Lord's Resistance Army.--Funds appropriated by this Act
shall be made available for programs and activities in areas affected
by the Lord's Resistance Army (LRA) consistent with the goals of the
Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of
2009 (Public Law 111-172), including to improve physical access,
telecommunications infrastructure, and early-warning mechanisms and to
support the disarmament, demobilization, and reintegration of former
LRA combatants, especially child soldiers.
(d) Lake Chad Basin Countries.--Funds appropriated under titles III
and IV of this Act shall be made available, following consultation with
the Committees on Appropriations, for assistance for Cameroon, Chad,
Niger, and Nigeria for--
(1) democracy, development, and health programs;
(2) assistance for individuals targeted by foreign terrorist
and other extremist organizations, including Boko Haram, consistent
with the provisions of section 7059 of this Act;
(3) assistance for individuals displaced by violent conflict;
and
(4) counterterrorism programs.
(e) Malawi.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $56,000,000 shall be
made available for assistance for Malawi, of which up to $10,000,000
shall be made available for higher education programs.
(f) South Sudan.--Funds appropriated by this Act that are made
available for assistance for the central Government of South Sudan may
only be made available, following consultation with the Committees on
Appropriations, for--
(1) humanitarian assistance;
(2) health programs, including to prevent, detect, and respond
to the Ebola virus disease;
(3) assistance to support South Sudan peace negotiations or to
advance or implement a peace agreement; and
(4) assistance to support implementation of outstanding issues
of the Comprehensive Peace Agreement and mutual arrangements
related to such agreement:
Provided, That of the funds appropriated by this Act for assistance
for South Sudan, not less than $7,000,000 shall be made available for
conflict mitigation and reconciliation programs: Provided further,
That prior to the initial obligation of funds made available pursuant
to paragraphs (3) and (4), the Secretary of State shall consult with
the Committees on Appropriations on the intended uses of such funds and
steps taken by such government to advance or implement a peace
agreement.
(g) Sudan.--
(1) Limitations.--
(A) Assistance.--Notwithstanding any other provision of
law, none of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(B) Loans.--None of the funds appropriated by this Act may
be made available for the cost, as defined in section 502 of
the Congressional Budget Act of 1974, of modifying loans and
loan guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(2) Exclusions.--The limitations of paragraph (1) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and
populations in Sudan, and Abyei; and
(D) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement, mutual
arrangements related to post-referendum issues associated with
such Agreement, or any other internationally recognized viable
peace agreement in Sudan.
(h) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall instruct
the United States executive director of each international
financial institution to vote against any extension by the
respective institution of any loan or grant to the Government of
Zimbabwe, except to meet basic human needs or to promote democracy,
unless the Secretary of State certifies and reports to the
Committees on Appropriations that the rule of law has been
restored, including respect for ownership and title to property,
and freedoms of expression, association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central Government
of Zimbabwe, except for health and education, unless the Secretary
of State certifies and reports as required in paragraph (1), and
funds may be made available for macroeconomic growth assistance if
the Secretary reports to the Committees on Appropriations that such
government is implementing transparent fiscal policies, including
public disclosure of revenues from the extraction of natural
resources.
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for
Burma may be made available notwithstanding any other provision
of law, except for this subsection, and following consultation
with the appropriate congressional committees.
(B) Uses.--Funds appropriated under title III of this Act
for assistance for Burma--
(i) shall be made available to strengthen civil society
organizations in Burma and for programs to strengthen
independent media;
(ii) shall be made available for community-based
organizations operating in Thailand to provide food,
medical, and other humanitarian assistance to internally
displaced persons in eastern Burma, in addition to
assistance for Burmese refugees from funds appropriated by
this Act under the heading ``Migration and Refugee
Assistance'';
(iii) shall be made available for programs to promote
ethnic and religious tolerance and to combat gender-based
violence, including in Rakhine, Shan, Kachin, and Karen
states;
(iv) shall be made available to promote rural economic
development in Burma, including through microfinance
programs;
(v) shall be made available to increase opportunities
for foreign direct investment by strengthening the rule of
law, transparency, and accountability;
(vi) shall be made available for programs to
investigate and document allegations of ethnic cleansing
and other gross violations of human rights committed
against the Rohingya people in Rakhine state: Provided,
That such sums shall be in addition to funds otherwise made
available for such purposes;
(vii) shall be made available for programs to
investigate and document allegations of gross violations of
human rights committed in Burma, particularly in areas of
conflict; and
(viii) may be made available for ethnic groups and
civil society in Burma to help sustain ceasefire agreements
and further prospects for reconciliation and peace, which
may include support to representatives of ethnic armed
groups for this purpose.
(C) Limitations.--Funds appropriated under title III of
this Act for assistance for Burma--
(i) may not be made available to any individual or
organization if the Secretary of State has credible
information that such individual or organization has
committed a gross violation of human rights, including
against Rohingya and other minority groups, or that
advocates violence against ethnic or religious groups or
individuals in Burma;
(ii) may not be made available to any organization or
entity controlled by the armed forces of Burma;
(iii) may only be made available for programs to
support the return of Rohingya, Karen, and other refugees
and internally displaced persons to their locations of
origin or preference in Burma if such returns are voluntary
and consistent with international law; and
(iv) may only be made available for assistance for the
Government of Burma to support the implementation of
Nationwide Ceasefire Agreement conferences, committees, and
other procedures if the Secretary of State reports to the
Committees on Appropriations that such procedures are
directed toward a sustainable peace and the Government of
Burma is implementing its commitments under such Agreement.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military Financing
Program'' may be made available for assistance for Burma:
Provided, That the Department of State may continue consultations
with the armed forces of Burma only on human rights and disaster
response in a manner consistent with the prior fiscal year, and
following consultation with the appropriate congressional
committees.
(3) Programs and responsibilities.--
(A) Any new program or activity in Burma initiated in
fiscal year 2019 shall be subject to prior consultation with
the appropriate congressional committees.
(B) The United States Chief of Mission in Burma, in
consultation with the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State, shall be responsible
for democracy and human rights programs in Burma.
(b) Cambodia.--
(1) Assistance.--
(A) None of the funds appropriated by this Act that are
made available for assistance for the Government of Cambodia,
except for health programs, may be obligated or expended unless
the Secretary of State certifies and reports to the Committees
on Appropriations that such Government is taking effective
steps to--
(i) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanctions
with respect to North Korea; and
(ii) respect the rights and responsibilities enshrined
in the Constitution of the Kingdom of Cambodia as enacted
in 1993, including through the--
(I) restoration of the civil and political rights
of the opposition Cambodia National Rescue Party,
media, and civil society organizations;
(II) restoration of all elected officials to
elected offices held prior to the July 2018
parliamentary elections; and
(III) release of all political prisoners, including
journalists, civil society activists, and members of
the opposition political party.
(B) Funds appropriated under title III of this Act for
assistance for Cambodia shall be made available for--
(i) democracy programs, including research and
education programs associated with the Khmer Rouge in
Cambodia, except that no funds for such purposes may be
made available to the Extraordinary Chambers in the Court
of Cambodia; and
(ii) programs in the Khmer language to counter the
influence of the People's Republic of China in Cambodia.
(2) Visa restriction.--Funds appropriated under title I of this
Act shall be made available to continue to implement the policy
announced by the Department of State on December 6, 2017, to
restrict the issuance of visas to enter the United States to
individuals involved in undermining democracy in Cambodia,
including the family members of such individuals, as appropriate:
Provided, That not later than 30 days after enactment of this Act,
the Secretary of State shall submit a report to the appropriate
congressional committees describing the implementation of such
policy.
(c) Indo-Pacific Strategy.--Of the funds appropriated by this Act,
not less than $160,000,000 shall be made available to support the
implementation of the Indo-Pacific Strategy: Provided, That such funds
are in addition to amounts otherwise made available for such purposes.
(d) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available for
assistance for the central government of a country the Secretary of
State determines and reports to the appropriate congressional
committees engages in significant transactions contributing
materially to the malicious cyber-intrusion capabilities of the
Government of North Korea: Provided, That the Secretary of State
shall submit the report required by section 209 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122;
22 U.S.C. 9229), as amended, to the Committees on Appropriations in
the manner described in subparagraph (2)(A) of such section:
Provided further, That the Secretary of State may waive the
application of the restriction in this paragraph with respect to
assistance for the central government of a country if the Secretary
determines and reports to the appropriate congressional committees
that to do so is important to the national security interest of the
United States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at levels
not less than the prior fiscal year.
(3) Refugees.--Funds appropriated by this Act under the heading
``Migration and Refugee Assistance'' should be made available for
assistance for refugees from North Korea, including protection
activities in the People's Republic of China and other countries in
Asia.
(4) Human rights promotion, database, and limitation on use of
funds.--
(A) Human rights promotion.--Funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``Democracy
Fund'' shall be made available for the promotion of human
rights in North Korea: Provided, That the authority of section
7032(b) of this Act shall apply to such funds.
(B) Database.--Funds appropriated by this Act under title
III shall be made available to maintain a database of prisons
and gulags in North Korea, in accordance with section 7032(i)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law
113-76).
(C) Limitation.--None of the funds made available by this
Act under the heading ``Economic Support Fund'' may be made
available for assistance for the Government of North Korea.
(e) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds appropriated
under the heading ``Diplomatic Programs'' in this Act may be
obligated or expended for processing licenses for the export of
satellites of United States origin (including commercial satellites
and satellite components) to the People's Republic of China (PRC)
unless, at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action.
(2) People's liberation army.--The terms and requirements of
section 620(h) of the Foreign Assistance Act of 1961 shall apply to
foreign assistance projects or activities of the People's
Liberation Army (PLA) of the PRC, to include such projects or
activities by any entity that is owned or controlled by, or an
affiliate of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act may
be used to finance any grant, contract, or cooperative agreement
with the PLA, or any entity that the Secretary of State has reason
to believe is owned or controlled by, or an affiliate of, the PLA.
(3) Authority and notification requirement.--
(A) Authority.--The uses of funds made available by this
Act for the promotion of democracy in the PRC, except for funds
made available under subsection (g), shall be the
responsibility of the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State.
(B) Notification.--Funds appropriated by this Act that are
made available for trilateral programs conducted with the PRC
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(f) Philippines.--None of the funds appropriated by this Act under
the heading ``International Narcotics Control and Law Enforcement'' may
be made available for counternarcotics assistance for the Philippines,
except for drug demand reduction, maritime law enforcement, or
transnational interdiction.
(g) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to support financing of projects in Tibet if
such projects do not provide incentives for the migration and
settlement of non-Tibetans into Tibet or facilitate the transfer of
ownership of Tibetan land and natural resources to non-Tibetans,
are based on a thorough needs-assessment, foster self-sufficiency
of the Tibetan people and respect Tibetan culture and traditions,
and are subject to effective monitoring.
(2) Programs for tibetan communities.--
(A) Tibet autonomous region.--Notwithstanding any other
provision of law, of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $8,000,000
shall be made available to nongovernmental organizations to
support activities which preserve cultural traditions and
promote sustainable development, education, and environmental
conservation in Tibetan communities in the Tibet Autonomous
Region and in other Tibetan communities in China.
(B) India and nepal.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$6,000,000 shall be made available for programs to promote and
preserve Tibetan culture, development, and the resilience of
Tibetan communities in India and Nepal, and to assist in the
education and development of the next generation of Tibetan
leaders from such communities: Provided, That such funds are
in addition to amounts made available in subparagraph (A) for
programs inside Tibet.
(C) Tibetan governance.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for programs to strengthen
the capacity of Tibetan institutions and governance.
(h) Vietnam.--
(1) Dioxin remediation.--Notwithstanding any other provision of
law, of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be made
available for activities related to the remediation of dioxin
contaminated sites in Vietnam and may be made available for
assistance for the Government of Vietnam, including the military,
for such purposes.
(2) Health and disability programs.--Of the funds appropriated
by this Act under the heading ``Development Assistance'', not less
than $12,500,000 shall be made available for health and disability
programs in areas sprayed with Agent Orange and otherwise
contaminated with dioxin, to assist individuals with severe upper
or lower body mobility impairment or cognitive or developmental
disabilities.
(3) Reconciliation programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are made available
for assistance for Vietnam shall be made available for
reconciliation programs to address war legacy issues.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Funding and limitations.--Funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' that are made available for
assistance for Afghanistan--
(A) shall be made available to implement the South Asia
Strategy, the Revised Strategy for United States Engagement in
Afghanistan, and the United States Agency for International
Development Country Development Cooperation Strategy for
Afghanistan;
(B) shall be made available for programs in support of such
strategies that protect and strengthen the rights of women and
girls and promote the political and economic empowerment of
women, including their meaningful inclusion in political
processes: Provided, That such assistance to promote the
economic empowerment of women shall be made available as grants
to Afghan organizations, to the maximum extent practicable; and
(C) may not be made available for any program, project, or
activity that--
(i) cannot be sustained, as appropriate, by the
Government of Afghanistan or another Afghan entity;
(ii) is not accessible for the purposes of conducting
effective oversight in accordance with applicable Federal
statutes and regulations;
(iii) initiates any new, major infrastructure
development; or
(iv) includes the participation of any Afghan
individual, organization, or government entity if the
Secretary of State has credible information that such
individual, organization, or entity is knowingly involved
in acts of grand corruption, illicit narcotics production
or trafficking, or has committed a gross violation of human
rights.
(2) Authorities.--
(A) Funds appropriated by this Act under title III through
VI that are made available for assistance for Afghanistan may
be made available--
(i) notwithstanding section 7012 of this Act or any
similar provision of law and section 660 of the Foreign
Assistance Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the
Government of Afghanistan, including in accordance with
section 7046(a)(2)(B)(ii) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2012 (division I of Public Law 112-74); and
(iii) for an endowment to empower women and girls.
(B) Section 7046(a)(2)(A) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112-74) shall apply to funds
appropriated by this Act for assistance for Afghanistan.
(3) Basing rights agreement.--None of the funds made available
by this Act may be used by the United States Government to enter
into a permanent basing rights agreement between the United States
and Afghanistan.
(b) Nepal.--
(1) Assistance.--Of the funds appropriated under titles III and
IV of this Act, not less than $124,580,000 shall be made available
for assistance for Nepal, including for earthquake recovery and
reconstruction programs.
(2) Foreign military financing program.--Funds appropriated by
this Act under the heading ``Foreign Military Financing Program''
shall only be made available for humanitarian and disaster relief
and reconstruction activities in Nepal, and in support of
international peacekeeping operations: Provided, That such funds
may only be made available for any additional uses if the Secretary
of State certifies and reports to the Committees on Appropriations
that the Government of Nepal is investigating and prosecuting
violations of human rights and the laws of war, and the Nepal Army
is cooperating fully with civilian judicial authorities in such
cases.
(c) Pakistan.--
(1) International security assistance.--
(A) Limitation.--Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for assistance
for Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan.
(B) Consultation.--Not later than 30 days after enactment
of this Act, and prior to the submission of the report required
by section 653(a) of the Foreign Assistance Act of 1961, the
Secretary of State shall consult with the Committees on
Appropriations on the amount of funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' that
is anticipated to be subject to the January 2018 policy
decision of the United States to suspend security assistance
for Pakistan, or any subsequent policy decision affecting such
assistance: Provided, That the Secretary shall promptly inform
the appropriate congressional committees in writing of any
changes to such policy, the justification for such changes, and
the progress made by the Government of Pakistan in meeting the
counterterrorism objectives described under this section in
Senate Report 115-282.
(C) Reprogramming.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Foreign Military Financing Program'' for assistance for
Pakistan that are withheld from obligation or expenditure by
the Department of State may be reprogrammed by the Secretary of
State, except that no such funds may be reprogrammed that are
required to complete payment on existing and previously
approved contracts: Provided, That such reprogramming shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(2) Bilateral economic assistance report.--Prior to the
obligation of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the central Government
of Pakistan, the Secretary of State shall submit a report to the
appropriate congressional committees detailing--
(A) the amount of financing and other support, if any,
provided by the Government of Pakistan to schools supported by,
affiliated with, or run by the Taliban or any domestic or
foreign terrorist organization in Pakistan;
(B) the extent of cooperation by such government in issuing
visas in a timely manner for United States visitors, including
officials and representatives of nongovernmental organizations,
engaged in assistance and security programs in Pakistan;
(C) the extent to which such government is providing
humanitarian organizations access to detainees, internally
displaced persons, and other Pakistani civilians affected by
conflict in Pakistan and the region; and
(D) the extent to which such government is strengthening
democracy in Pakistan, including protecting freedom of
expression, assembly, and religion.
(3) Authority and uses of funds.--
(A) Funds appropriated by this Act for assistance for
Pakistan may be made available notwithstanding any other
provision of law, except for section 620M of the Foreign
Assistance Act of 1961.
(B) Funds appropriated by this Act for assistance for
Pakistan that are made available for infrastructure projects
shall be implemented in a manner consistent with section 507(6)
of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(C) The authorities and directives of section 7044(d)(4) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235) regarding scholarships for women shall apply to funds
appropriated by this Act for assistance for Pakistan, following
consultation with the Committees on Appropriations.
(D) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' that are made
available for assistance for Pakistan shall be made available
to interdict precursor materials from Pakistan to Afghanistan
that are used to manufacture improvised explosive devices and
for agriculture extension programs that encourage alternative
fertilizer use among Pakistani farmers to decrease the dual use
of fertilizer in the manufacturing of improvised explosive
devices.
(E) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' that
are made available for assistance for Pakistan, not less than
$15,000,000 shall be made available for border security
programs in Pakistan, following consultation with the
Committees on Appropriations.
(F) Funds appropriated by title III of this Act shall be
made available for programs to promote democracy in Pakistan.
(4) Withholding.--Of the funds appropriated under titles III
and IV of this Act that are made available for assistance for
Pakistan, $33,000,000 shall be withheld from obligation until the
Secretary of State reports to the Committees on Appropriations that
Dr. Shakil Afridi has been released from prison and cleared of all
charges relating to the assistance provided to the United States in
locating Osama bin Laden.
(5) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by this
subsection for assistance for Pakistan: Provided, That the
Secretary shall inform the Committees on Appropriations of such
steps in a timely manner.
(d) Sri Lanka.--
(1) Bilateral economic assistance.--Funds appropriated under
title III of this Act shall be made available for assistance for
Sri Lanka for economic development and democracy programs,
particularly in areas recovering from ethnic and religious
conflict: Provided, That such funds shall be made available for
programs to assist in the identification and resolution of cases of
missing persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka, except for
funds made available for humanitarian assistance and victims of
trauma, may be made available only if the Secretary of State
certifies and reports to the Committees on Appropriations that the
Government of Sri Lanka is--
(A) repealing laws that do not comply with international
standards for arrest and detention by security forces, and
ensuring that any successor legislation meets such standards;
(B) increasing accountability and transparency in
governance;
(C) investigating allegations of arbitrary arrest and
torture, and supporting a credible justice mechanism in
compliance with United Nations Human Rights Council Resolution
(A/HCR/RES/30/1) of October 2015;
(D) returning military occupied lands in former conflict
zones to their rightful owners or compensating those whose land
was confiscated without due process, and which is in addition
to steps taken during the previous calendar year;
(E) establishing a functioning office of missing persons
and assisting its investigations of cases of missing persons
from Sri Lanka's internal armed conflicts with the cooperation
of the armed forces of Sri Lanka; and
(F) substantially reducing the presence of the armed forces
in former conflict zones and implementing a plan for
restructuring the armed forces to adopt a peacetime role that
contributes to post-conflict reconciliation and regional
security.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance for
Sri Lanka shall be subject to the following conditions--
(A) not to exceed $500,000 under the heading ``Foreign
Military Financing Program'' may only be made available for
programs to support humanitarian and disaster response
preparedness and maritime security, including
professionalization and training for the navy and coast guard;
and
(B) funds under the heading ``Peacekeeping Operations'' may
only be made available for training and equipment related to
international peacekeeping operations and improvements to
peacekeeping-related facilities, and only if the Government of
Sri Lanka is taking effective steps to bring to justice Sri
Lankan peacekeeping troops who have engaged in sexual
exploitation and abuse.
(e) Regional Programs.--
(1) Cross border programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for
Afghanistan and Pakistan may be provided, notwithstanding any other
provision of law that restricts assistance to foreign countries,
for cross border stabilization and development programs between
Afghanistan and Pakistan, or between either country and the Central
Asian countries.
(2) Security and justice programs.--Funds appropriated by this
Act that are made available for assistance for countries in South
and Central Asia shall be made available to accelerate the
recruitment and enhance the retention and professionalism of women
in the judiciary, police, and other security forces.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Conditions on assistance for the central governments of el
salvador, guatemala, and honduras.--Of the funds appropriated by
this Act under titles III and IV that are made available for
assistance for each of the central governments of El Salvador,
Guatemala, and Honduras, 50 percent may only be obligated after the
Secretary of State certifies and reports to the appropriate
congressional committees that such government is--
(A) informing its citizens of the dangers of the journey to
the southwest border of the United States;
(B) combating human smuggling and trafficking;
(C) improving border security, including preventing illegal
migration, human smuggling and trafficking, and trafficking of
illicit drugs and other contraband;
(D) cooperating with United States Government agencies and
other governments in the region to facilitate the return,
repatriation, and reintegration of illegal migrants arriving at
the southwest border of the United States who do not qualify
for asylum, consistent with international law;
(E) working cooperatively with an autonomous, publicly
accountable entity to provide oversight of the Plan of the
Alliance for Prosperity in the Northern Triangle in Central
America (the Plan);
(F) combating corruption, including investigating and
prosecuting current and former government officials credibly
alleged to be corrupt;
(G) implementing reforms, policies, and programs to
increase transparency and strengthen public institutions and
the rule of law;
(H) working with local communities, civil society
organizations (including indigenous and other marginalized
groups), and local governments in the implementation and
evaluation of activities of the Plan;
(I) countering the activities of criminal gangs, drug
traffickers, and transnational criminal organizations;
(J) investigating and prosecuting in the civilian justice
system government personnel who are credibly alleged to have
violated human rights;
(K) cooperating with commissions against corruption and
impunity and with regional human rights entities;
(L) supporting programs to reduce poverty, expand education
and vocational training for at-risk youth, create jobs, and
promote equitable economic growth, particularly in areas
contributing to large numbers of migrants;
(M) creating a professional, accountable civilian police
force and ending the role of the military in internal policing;
(N) protecting the right of political opposition parties
and other members of civil society to operate without
interference;
(O) implementing tax reforms; and
(P) resolving commercial disputes.
(2) Determinations and impact on assistance.--
(A) Insufficient progress.--The Secretary of State shall
periodically review the progress of each of the central
governments of El Salvador, Guatemala, and Honduras in meeting
the requirements of paragraph (1): Provided, That if the
Secretary determines and reports to the appropriate
congressional committees that sufficient progress has not been
made by such government in meeting such requirements, the
Secretary shall suspend, in whole or in part, assistance for
such government for programs supporting such requirement, and
shall notify the appropriate congressional committees in
writing of such action: Provided further, That the Secretary
may resume such assistance if the Secretary determines and
reports to such committees that corrective measures have been
taken by such government.
(B) Change in national government.--Not later than 90 days
following a change of national government in El Salvador,
Guatemala, or Honduras, the Secretary of State shall determine
whether or not such government is meeting the requirements of
paragraph (1) and submit a report to the appropriate
congressional committees detailing the reasons for such
determination: Provided, That if the Secretary determines that
such government is not meeting such requirements, then the
Secretary shall suspend, in whole or in part, assistance for
such country until such time as such determination and report
can be made.
(C) Reprogramming.--Assistance suspended pursuant to
subparagraphs (A) or (B) may be reprogrammed if the Secretary
of State determines that corrective measures have not been
taken: Provided, That any such reprogramming shall only be
made available for assistance for other countries in Latin
America and the Caribbean and shall be subject to the regular
notification procedures of the Committees on Appropriations.
(3) Consultation.--The Secretary of State shall consult with
the Committees on Appropriations not less than 14 days prior to
submitting any certification made pursuant to subsection (a)(1) and
any suspension or reprogramming made pursuant to subsection (a)(2).
(4) Exceptions and limitations.--
(A) Exceptions.--The limitation of paragraph (1) shall not
apply to funds appropriated by this Act that are made available
for the International Commission against Impunity in Guatemala,
the Mission to Support the Fight against Corruption and
Impunity in Honduras, humanitarian assistance, and food
security programs.
(B) Limitations.--None of the funds appropriated by this
Act that are made available for assistance for countries in
Central America may be made available for direct government-to-
government assistance or for major infrastructure projects.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act under
titles III and IV, not less than $418,253,000 shall be made
available for assistance for Colombia, including to support the
efforts of the Government of Colombia to--
(A) conduct a unified campaign against narcotics
trafficking, organizations designated as foreign terrorist
organizations pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), and other criminal or illegal
armed groups: Provided, That aircraft supported by funds made
available by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be used to transport personnel and supplies
involved in drug eradication and interdiction, including
security for such activities, and to provide transport in
support of alternative development programs and investigations
by civilian judicial authorities;
(B) enhance security and stability in Colombia and the
region;
(C) strengthen and expand governance, the rule of law, and
access to justice throughout Colombia;
(D) promote economic and social development, including by
improving access to areas impacted by conflict through demining
programs;
(E) assist communities impacted by significant refugee or
migrant populations; and
(F) implement a peace agreement between the Government of
Colombia and illegal armed groups, in accordance with
constitutional and legal requirements in Colombia.
(2) Limitation.--None of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for assistance for Colombia may be made available for payment of
reparations to conflict victims or compensation to demobilized
combatants associated with a peace agreement between the Government
of Colombia and illegal armed groups.
(3) Counternarcotics.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' and made available for
counternarcotics assistance for Colombia, 20 percent may be
obligated only after the Secretary of State certifies and reports
to the Committees on Appropriations that the Government of Colombia
has reduced overall illicit drug cultivation, production, and
trafficking.
(4) Human rights.--Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'' and made
available for assistance for Colombia, 20 percent may be obligated
only after the Secretary of State certifies and reports to the
Committees on Appropriations that--
(A) the Special Jurisdiction for Peace and other judicial
authorities are taking effective steps to hold accountable
perpetrators of gross violations of human rights in a manner
consistent with international law, including for command
responsibility, and sentence them to deprivation of liberty;
(B) the Government of Colombia is taking effective steps to
reduce attacks against human rights defenders and other civil
society activists, trade unionists, and journalists, and
judicial authorities are prosecuting those responsible for such
attacks; and
(C) senior military officers responsible for ordering,
committing, and covering up cases of false positives are being
held accountable, including removal from active duty if found
guilty through criminal or disciplinary proceedings.
(5) Exceptions.--The limitations of paragraphs (3) and (4)
shall not apply to funds made available for aviation instruction
and maintenance, and maritime and riverine security programs.
(c) Haiti.--
(1) Certification.--Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support Fund''
that are made available for assistance for Haiti may not be made
available for assistance for the central Government of Haiti unless
the Secretary of State certifies and reports to the Committees on
Appropriations that such government is taking effective steps,
which are steps taken since the certification and report submitted
during the prior year, if applicable, to--
(A) strengthen the rule of law in Haiti, including by--
(i) selecting judges in a transparent manner based on
merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the judiciary; and
(iv) improving governance by implementing reforms to
increase transparency and accountability, including through
the penal and criminal codes;
(B) combat corruption, including by implementing the anti-
corruption law enacted in 2014 and prosecuting corrupt
officials;
(C) increase government revenues, including by implementing
tax reforms, and increasing expenditures on public services;
and
(D) resolve commercial disputes between United States
entities and the Government of Haiti.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
(d) Venezuela.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $17,500,000 shall be
made available for programs to promote democracy and the rule of law in
Venezuela.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $127,025,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $445,700,000 shall be made
available for assistance for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act may be
made available for assistance for a government of an Independent State
of the former Soviet Union if such government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That except
as otherwise provided in section 7047(a) of this Act, funds may be made
available without regard to the restriction in this subsection if the
President determines that to do so is in the national security interest
of the United States: Provided further, That prior to executing the
authority contained in the previous proviso, the Secretary of State
shall consult with the Committees on Appropriations on how such
assistance supports the national security interest of the United
States.
(c) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under title V
of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and section
1424 of the Defense Against Weapons of Mass Destruction Act of 1996
(50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development Agency
under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421);
(3) any activity carried out by a member of the United States
and Foreign Commercial Service while acting within his or her
official capacity;
(4) any insurance, reinsurance, guarantee, or other assistance
provided by the Overseas Private Investment Corporation under title
IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act of
1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--
(1) Turkish presidential protection directorate.--None of the
funds made available by this Act may be used to facilitate or
support the sale of defense articles or defense services to the
Turkish Presidential Protection Directorate (TPPD) under chapter 2
of the Arms Export Control Act (22 U.S.C. 2761 et seq.), unless the
Secretary of State determines and reports to the appropriate
congressional committees that members of the TPPD that are named in
the July 17, 2017 indictment by the Superior Court of the District
of Columbia, and against whom charges are pending, have returned to
the United States to stand trial in connection with the offenses
contained in such indictment or have otherwise been brought to
justice: Provided, That the limitation in this paragraph shall not
apply to the use of funds made available by this Act for border
security purposes, for North Atlantic Treaty Organization or
coalition operations, or to enhance the protection of United States
officials and facilities in Turkey.
(2) Restriction on funds.--
(A) Not later than November 1, 2019, but no sooner than six
months after enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit an
update to the report required by section 1282 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) regarding the purchase by the Republic of
Turkey of the S-400 missile defense system from the Russian
Federation: Provided, That such report shall also include a
detailed description of plans for the imposition of sanctions,
if appropriate, for such purchase pursuant to section 231 of
the Countering Russian Influence in Europe and Eurasia Act of
2017 (Public Law 115-44).
(B) None of the funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be made available to
deliver F-35 aircraft to the territory of the Republic of
Turkey until the report in subparagraph (A) is submitted to the
Congress.
countering russian influence and aggression
Sec. 7047. (a) Limitation.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Crimea.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a country
that the Secretary of State determines and reports to the
Committees on Appropriations has taken affirmative steps intended
to support or be supportive of the Russian Federation annexation of
Crimea or other territory in Ukraine: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive the
restriction on assistance required by this paragraph if the
Secretary determines and reports to such Committees that to do so
is in the national interest of the United States, and includes a
justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in
Ukraine under the control of Russian-backed separatists, if
such activity includes the participation of Russian Government
officials, or other Russian owned or controlled financial
entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of Russian-backed separatists, if such
assistance includes the participation of Russian Government
officials, or other Russian owned or controlled financial
entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including any loan, credit, or guarantee) for any program that
violates the sovereignty or territorial integrity of Ukraine.
(4) The requirements and limitations of this subsection shall
cease to be in effect if the Secretary of State determines and
reports to the Committees on Appropriations that the Government of
Ukraine has reestablished sovereignty over Crimea and other
territory in Ukraine under the control of Russian-backed
separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a country
that the Secretary of State determines and reports to the
Committees on Appropriations has recognized the independence of, or
has established diplomatic relations with, the Russian occupied
Georgian territories of Abkhazia and Tskhinvali Region/South
Ossetia: Provided, That the Secretary shall publish on the
Department of State website a list of any such central governments
in a timely manner: Provided further, That the Secretary may waive
the restriction on assistance required by this paragraph if the
Secretary determines and reports to the Committees on
Appropriations that to do so is in the national interest of the
United States, and includes a justification for such interest.
(2) None of the funds appropriated by this Act may be made
available to support the Russian occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including any loan, credit, or guarantee) for any program that
violates the sovereignty and territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Of the funds appropriated by this Act under the headings
``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'',
``International Military Education and Training'', and ``Foreign
Military Financing Program'', not less than $275,000,000 shall be
made available to carry out the purposes of the Countering Russian
Influence Fund, as authorized by section 254 of the Countering
Russian Influence in Europe and Eurasia Act of 2017 (Public Law
115-44; 22 U.S.C. 9543) and notwithstanding the country limitation
in subsection (b) of such section, and programs to enhance the
capacity of law enforcement and security forces in countries in
Europe and Eurasia and strengthen security cooperation between such
countries and the United States and the North Atlantic Treaty
Organization, as appropriate.
(2) Funds appropriated by this Act and made available for
assistance for the Eastern Partnership countries shall be made
available to advance the implementation of Association Agreements
and trade agreements with the European Union, and to reduce their
vulnerability to external economic and political pressure from the
Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation,
including to promote Internet freedom, and shall also be made available
to support the democracy and rule of law strategy required by section
7071(d) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law 113-76).
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Restrictions.--Of the funds appropriated under title I and
under the heading ``International Organizations and Programs'' in
title V of this Act that are available for contributions to the
United Nations (including the Department of Peacekeeping
Operations), any United Nations agency, or the Organization of
American States, 15 percent may not be obligated for such
organization, department, or agency until the Secretary of State
determines and reports to the Committees on Appropriations that the
organization, department, or agency is--
(A) posting on a publicly available website, consistent
with privacy regulations and due process, regular financial and
programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(B) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for--
(i) protection against retaliation for internal and
lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to independent adjudicative bodies,
including external arbitration; and
(v) results that eliminate the effects of proven
retaliation; and
(C) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first class and business class travel.
(2) Waiver.--The restrictions imposed by or pursuant to
paragraph (1) may be waived on a case-by-case basis if the
Secretary of State determines and reports to the Committees on
Appropriations that such waiver is necessary to avert or respond to
a humanitarian crisis.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses for
any United States delegation to any specialized agency, body, or
commission of the United Nations if such agency, body, or
commission is chaired or presided over by a country, the government
of which the Secretary of State has determined, for purposes of
section 6(j)(1) of the Export Administration Act of 1979 as
continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. App. 2405(j)(1)), supports
international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as a
contribution to any organization, agency, commission, or program
within the United Nations system if such organization, agency,
commission, or program is chaired or presided over by a country the
government of which the Secretary of State has determined, for
purposes of section 620A of the Foreign Assistance Act of 1961,
section 40 of the Arms Export Control Act, section 6(j)(1) of the
Export Administration Act of 1979, or any other provision of law,
is a government that has repeatedly provided support for acts of
international terrorism.
(3) Waiver.--The Secretary of State may waive the restriction
in this subsection if the Secretary determines and reports to the
Committees on Appropriations that to do so is important to the
national interest of the United States, including a description of
the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of the United
Nations Human Rights Council unless the Secretary of State determines
and reports to the Committees on Appropriations that participation in
the Council is important to the national interest of the United States
and that such Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of members
to such Council: Provided, That such report shall include a
description of the national interest served and the steps taken to
remove Israel as a permanent agenda item and ensure integrity in the
election of members to such Council: Provided further, That the
Secretary of State shall report to the Committees on Appropriations not
later than September 30, 2019, on the resolutions considered in the
United Nations Human Rights Council during the previous 12 months, and
on steps taken to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council.
(d) United Nations Relief and Works Agency.--Prior to the initial
obligation of funds for the United Nations Relief and Works Agency
(UNRWA), the Secretary of State shall report to the Committees on
Appropriations, in writing, on whether UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA installations
and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on neutrality
and impartiality of employees) and the legal requirements under
section 301(c) of the Foreign Assistance Act of 1961;
(3) implementing procedures to maintain the neutrality of its
facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure they
are only used for humanitarian or other appropriate purposes;
(4) taking necessary and appropriate measures to ensure it is
operating in compliance with the conditions of section 301(c) of
the Foreign Assistance Act of 1961 and continuing regular reporting
to the Department of State on actions it has taken to ensure
conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and summer
camps is consistent with the values of human rights, dignity, and
tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions or
related entities in violation of relevant United States law, and is
taking steps to improve the financial transparency of the
organization; and
(7) in compliance with the United Nations Board of Auditors'
biennial audit requirements and is implementing in a timely fashion
the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Capital Projects.--Any operating plan submitted pursuant to
this Act for funds made available under the heading ``Contributions to
International Organizations'' shall include information on capital
projects, as described under such heading in House Report 115-253.
(g) Report.--Not later than 45 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation
or expenditure in fiscal year 2019 for contributions to any
organization, department, agency, or program within the United Nations
system or any international program that are withheld from obligation
or expenditure due to any provision of law: Provided, That the
Secretary shall update such report each time additional funds are
withheld by operation of any provision of law: Provided further, That
the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(h) Sexual Exploitation and Abuse in Peacekeeping Operations.--
(1) In general.--Funds appropriated by this Act shall be made
available to implement section 301 of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323).
(2) Withholding of funds.--The Secretary of State should
withhold assistance to any unit of the security forces of a foreign
country if the Secretary has credible information that such unit
has engaged in sexual exploitation or abuse, including while
serving in a United Nations peacekeeping operation, until the
Secretary determines that the government of such country is taking
effective steps to hold the responsible members of such unit
accountable and to prevent future incidents: Provided, That the
Secretary shall promptly notify the government of each country
subject to any withholding of assistance pursuant to this
paragraph, and shall notify the appropriate congressional
committees of such withholding not later than 10 days after a
determination to withhold such assistance is made: Provided
further, That the Secretary shall, to the maximum extent
practicable, assist such government in bringing the responsible
members of such unit to justice.
(i) Additional Availability.--Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated by
this Act which are returned or not made available due to the
implementation of subsection (a), the second proviso under the heading
``Contributions for International Peacekeeping Activities'' in title I
of this Act, or section 307(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2227(a)), shall remain available for obligation until
September 30, 2020: Provided, That the requirement to withhold funds
for programs in Burma under section 307(a) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated by this Act.
(j) National Security Interest Withholding.--
(1) Withholding.--The Secretary of State shall withhold 5
percent of the funds appropriated by this Act under the heading
``Contributions to International Organizations'' for a specialized
agency or other entity of the United Nations if the Secretary, in
consultation with the United States Ambassador to the United
Nations, determines and reports to the Committees on Appropriations
that such agency or entity has taken an official action that is
against the national security interest of the United States or an
ally of the United States, including Israel.
(2) Release of funds.--The Secretary of State, in consultation
with the United States Ambassador to the United Nations, may
release funds withheld pursuant to paragraph (1) if the Secretary
determines and reports to the Committees on Appropriations that
such agency or entity is taking steps to address the action that
resulted in the withholding of such funds.
(3) Reprogramming.--Should the Secretary of State be unable to
make a determination pursuant to paragraph (2) regarding the
release of withheld funds, such funds may be reprogrammed for other
purposes under the heading ``Contributions to International
Organizations''.
(4) Waiver.--The Secretary of State, following consultation
with the Committees on Appropriations, may waive the requirements
of this subsection if the Secretary determines that to do so in the
national interest.
(k) Transfer of Funds.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', $25,000,000 shall be transferred
to, and merged with, funds appropriated under the heading
``International Organizations and Programs'', of which $23,000,000
shall be for a contribution to support the United Nations resident
coordinator system and $2,000,000 shall be for a contribution to the
Montreal Protocol Multilateral Fund.
law enforcement and security
Sec. 7049. (a) Assistance.--
(1) Community-based police assistance.--Funds made available
under titles III and IV of this Act to carry out the provisions of
chapter 1 of part I and chapters 4 and 6 of part II of the Foreign
Assistance Act of 1961, may be used, notwithstanding section 660 of
that Act, to enhance the effectiveness and accountability of
civilian police authority through training and technical assistance
in human rights, the rule of law, anti-corruption, strategic
planning, and through assistance to foster civilian police roles
that support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address gender-
based violence, and foster improved police relations with the
communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act, funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' shall
be made available for combat casualty training and equipment.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of lethal
assistance funded by this Act with funds appropriated under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of this
subparagraph shall apply to a country in conflict, unless the
Secretary determines that such country has in place, to the
maximum extent practicable, functioning combat casualty care
treatment and equipment that meets or exceeds the standards
recommended by the Committee on Tactical Combat Casualty Care:
Provided further, That any such training and equipment for
combat casualty care shall be made available through an open
and transparent process.
(3) Counterterrorism partnerships fund.--Funds appropriated by
this Act under the heading Nonproliferation, Anti-terrorism,
Demining and Related Programs shall be made available for the
Counterterrorism Partnerships Fund for programs in areas liberated
from, under the influence of, or adversely affected by, the Islamic
State of Iraq and Syria or other terrorist organizations:
Provided, That such areas shall include the Kurdistan Region of
Iraq: Provided further, That prior to the obligation of funds made
available pursuant to this paragraph, the Secretary of State shall
take all practicable steps to ensure that mechanisms are in place
for monitoring, oversight, and control of such funds: Provided
further, That funds made available pursuant to this paragraph shall
be subject to prior consultation with the appropriate congressional
committees, and the regular notification procedures of the
Committees on Appropriations.
(4) Training related to international humanitarian law.--The
Secretary of State shall offer training related to the requirements
of international humanitarian law as a component of any package of
lethal assistance funded by this Act with funds appropriated under
the headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of this
paragraph shall not apply to a country that is a member of the
North Atlantic Treaty Organization (NATO), is a major non-NATO ally
designated by section 517(b) of the Foreign Assistance Act of 1961,
or is complying with international humanitarian law: Provided
further, That any such training shall be made available through an
open and transparent process.
(5) Security force professionalization.--Funds appropriated by
this Act under the headings ``International Narcotics Control and
Law Enforcement'' and ``Peacekeeping Operations'' shall be made
available to increase the capacity of foreign military and law
enforcement personnel to operate in accordance with appropriate
standards relating to human rights and the protection of civilians
in the manner specified under this section in the joint explanatory
statement accompanying this Act, following consultation with the
Committees on Appropriations: Provided, That funds made available
pursuant to this paragraph shall only be made available on an open
and competitive basis.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support for
regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) Disarmament, demobilization, and reintegration.--Section
7034(d) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law 113-
235) shall continue in effect during fiscal year 2019.
(3) International prison conditions.--Of the funds appropriated
by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``International Narcotics Control
and Law Enforcement'', not less than $5,000,000 shall be made
available for assistance to eliminate inhumane conditions in
foreign prisons and other detention facilities, notwithstanding
section 660 of the Foreign Assistance Act of 1961: Provided, That
the Secretary of State and the USAID Administrator shall consult
with the Committees on Appropriations on the proposed uses of such
funds prior to obligation and not later than 120 days after
enactment of this Act: Provided further, That such funds shall be
in addition to funds otherwise made available by this Act for such
purpose.
(4) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
is amended by striking ``of this section'' and all that follows
through the period at the end and inserting ``of this section
after September 30, 2020.''.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and
2019'' and inserting ``2019, and 2020''.
(5) Commercial leasing of defense articles.--Notwithstanding
any other provision of law, and subject to the regular notification
procedures of the Committees on Appropriations, the authority of
section 23(a) of the Arms Export Control Act may be used to provide
financing to Israel, Egypt, the North Atlantic Treaty Organization
(NATO), and major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense articles
from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types of
aircraft having possible civilian application), if the President
determines that there are compelling foreign policy or national
security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under
such Act.
(6) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of the
Arms Export Control Act for the purposes of the Special Defense
Acquisition Fund (the Fund), to remain available for obligation
until September 30, 2021: Provided, That the provision of defense
articles and defense services to foreign countries or international
organizations from the Fund shall be subject to the concurrence of
the Secretary of State.
(7) Public disclosure.--For the purposes of funds appropriated
by this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs that are made
available for assistance for units of foreign security forces, the
term ``to the maximum extent practicable'' in section 620M(d)(7) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) means that the
identity of such units shall be made publicly available unless the
Secretary of State, on a case-by-case basis, determines and reports
to the appropriate congressional committees that disclosure would
endanger the safety of human sources or reveal sensitive
intelligence sources and methods, or that non-disclosure is in the
national security interest of the United States: Provided, That
any such determination shall include a detailed justification, and
may be submitted in classified form.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should not
be used to support any military training or operations that include
child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and used
in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license for
cluster munitions may be issued, and no cluster munitions or
cluster munitions technology shall be sold or transferred,
unless--
(i) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments, and the agreement applicable to the
assistance, transfer, or sale of such cluster munitions or
cluster munitions technology specifies that the cluster
munitions will only be used against clearly defined
military targets and will not be used where civilians are
known to be present or in areas normally inhabited by
civilians; or
(ii) such assistance, license, sale, or transfer is for
the purpose of demilitarizing or permanently disposing of
such cluster munitions.
(3) Crowd control items.--Funds appropriated by this Act should
not be used for tear gas, small arms, light weapons, ammunition, or
other items for crowd control purposes for foreign security forces
that use excessive force to repress peaceful expression,
association, or assembly in countries that the Secretary of State
determines are undemocratic or are undergoing democratic
transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations a report on funds obligated and
expended during fiscal year 2018, by country and purpose of
assistance, under the headings ``Peacekeeping Operations'',
``International Military Education and Training'', and ``Foreign
Military Financing Program''.
(2) Quarterly status report.--Following the submission of the
quarterly report required by section 36 of Public Law 90-629 (22
U.S.C. 2776), the Secretary of State, in coordination with the
Secretary of Defense, shall submit to the Committees on
Appropriations a status report that contains the information
described under the heading ``Foreign Military Financing Program''
in House Report 115-829.
(3) Vetting report.--
(A) In general.--Not later than 90 days after enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees on foreign assistance
cases submitted for vetting for purposes of section 620M of the
Foreign Assistance Act of 1961 during the preceding fiscal
year, including--
(i) the total number of cases submitted, approved,
suspended, or rejected for human rights reasons; and
(ii) for cases rejected, a description of the steps
taken to assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice, in accordance with section 620M(c) of
the Foreign Assistance Act of 1961.
(B) Form.--The report required by this paragraph shall be
submitted in unclassified form, but may be accompanied by a
classified annex.
(4) Annual foreign military training report.--For the purposes
of implementing section 656 of the Foreign Assistance Act of 1961,
the term ``military training provided to foreign military personnel
by the Department of Defense and the Department of State'' shall be
deemed to include all military training provided by foreign
governments with funds appropriated to the Department of Defense or
the Department of State, except for training provided by the
government of a country designated by section 517(b) of such Act as
a major non-NATO ally.
arms trade treaty
Sec. 7050. None of the funds appropriated by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
international conferences
Sec. 7051. None of the funds made available in this Act may be
used to send or otherwise pay for the attendance of more than 50
employees of agencies or departments of the United States Government
who are stationed in the United States, at any single international
conference occurring outside the United States, unless the Secretary of
State reports to the Committees on Appropriations at least 5 days in
advance that such attendance is important to the national interest:
Provided, That for purposes of this section the term ``international
conference'' shall mean a conference attended by representatives of the
United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by the
Department of State and the United States Agency for International
Development with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be coordinated under the
authority of the appropriate Chief of Mission: Provided, That
notwithstanding section 7006(b) of this Act, such aircraft may be
used to transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department of State
and USAID programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported on a
reimbursable basis, or without reimbursement when traveling on a
space available basis: Provided further, That funds received by
the Department of State in connection with the use of aircraft
owned, leased, or chartered by the Department of State may be
credited to the Working Capital Fund of the Department and shall be
available for expenses related to the purchase, lease, maintenance,
chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is the
transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117) shall apply
to this Act: Provided, That the date ``September 30, 2009'' in
subsection (f)(2)(B) of such section shall be deemed to be ``September
30, 2018''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F
of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before the date of the enactment of this Act by
Congress: Provided, That not to exceed $25,000 may be made available
to carry out the provisions of section 316 of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 22
U.S.C. 2151a note).
disability programs
Sec. 7056. (a) Assistance.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' shall be made available for
programs and activities administered by the United States Agency for
International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
and integration of individuals with disabilities, including for the
cost of translation.
(b) Management, Oversight, and Technical Support.--Of the funds
made available pursuant to this section, 5 percent may be used for
USAID for management, oversight, and technical support.
united states agency for international development management
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds made
available in title III of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used by the United States Agency for
International Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of 1980
(22 U.S.C. 3948 and 3949).
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year pursuant
to the authority contained in subsection (a) may not exceed 175.
(2) The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2020.
(c) Conditions.--The authority of subsection (a) should only be
used to the extent that an equivalent number of positions that are
filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated to
carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Europe, Eurasia and
Central Asia'', are eliminated.
(d) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a
period of up to 4 years notwithstanding the limitation set forth in
such section.
(f) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the Office
of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of this Act,
not less than $575,000,000 should be made available for family
planning/reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Global Fund.--Of the funds appropriated by this Act that are
available for a contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), 10 percent should be withheld
from obligation until the Secretary of State determines and reports to
the Committees on Appropriations that the Global Fund is--
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the Inspector
General (OIG) to publish OIG reports on a public website;
(2) providing sufficient resources to maintain an independent
OIG that--
(A) reports directly to the Board of the Global Fund;
(B) maintains a mandate to conduct thorough investigations
and programmatic audits, free from undue interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients, sub-
recipients, and Local Fund Agents;
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to independent adjudicative bodies, including
external arbitration; and
(E) results that eliminate the effects of proven
retaliation:
Provided, That such withholding shall not be in addition to funds
that are withheld from the Global Fund in fiscal year 2019 pursuant
to the application of any other provision contained in this or any
other Act.
(c) Contagious Infectious Disease Outbreaks.--
(1) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that an
international infectious disease outbreak is sustained, severe, and
is spreading internationally, or that it is in the national
interest to respond to a Public Health Emergency of International
Concern, funds appropriated by this Act under the headings ``Global
Health Programs'', ``Development Assistance'', ``International
Disaster Assistance'', ``Complex Crises Fund'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', ``Migration and Refugee Assistance'', and
``Millennium Challenge Corporation'' may be made available to
combat such infectious disease or public health emergency, and may
be transferred to, and merged with, funds appropriated under such
headings for the purposes of this paragraph.
(2) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with the
appropriate congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(d) Repurposed Funds.--
(1) Uses.--Of the unobligated balances available under the
heading ``Bilateral Economic Assistance'' in title IX of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)--
(A) $38,000,000 shall be for programs to accelerate the
capabilities of targeted countries to prevent, detect, and
respond to infectious disease outbreaks; and
(B) $2,000,000 shall be made available for the Emergency
Reserve Fund established pursuant to section 7058(c)(1) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31) and
shall be made available under the same terms and conditions of
such section: Provided, That the second proviso of such
paragraph is amended by striking ``Secretary of State'' and
inserting in lieu thereof ``Administrator of the United States
Agency for International Development''.
(2) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(3) Transfer between accounts.--Funds made available pursuant
to this subsection under the headings ``Global Health Programs''
and ``International Disaster Assistance'' may be transferred to,
and merged with, funds made available under such headings:
Provided, That such transfer authority is in addition to any other
transfer authority provided by law.
(4) Clarification.--Funds made available pursuant to this
subsection are in addition to funds otherwise made available for
such purposes.
(5) Designation.--The amounts repurposed under this subsection
are designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and shall be available only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available for
programs specifically designed to increase leadership opportunities for
women in countries where women and girls suffer discrimination due to
law, policy, or practice, by strengthening protections for women's
political status, expanding women's participation in political parties
and elections, and increasing women's opportunities for leadership
positions in the public and private sectors at the local, provincial,
and national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated under titles III and IV of
this Act, not less than $150,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to gender-
based violence in countries where it is common in conflict and non-
conflict settings.
(B) Funds appropriated under titles III and IV of this Act that
are available to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons, and shall promote
the integration of women into the police and other security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-based
violence, including child marriage, rape, female genital cutting
and mutilation, and domestic violence, among other forms of gender-
based violence in conflict and non-conflict settings.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'' should be made
available to support a multi-year strategy to expand, and improve
coordination of, United States Government efforts to empower women as
equal partners in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected by conflict
or in political transition, and to ensure the equitable provision of
relief and recovery assistance to women and girls.
(e) Women and Girls at Risk From Extremism.--Of the funds
appropriated by this Act under the heading ``Economic Support Fund'',
not less than $15,000,000 shall be made available to support women and
girls who are at risk from extremism and conflict, and for the
activities described in section 7059(e)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141): Provided, That such funds are in
addition to amounts otherwise made available by this Act for such
purposes, and shall be made available following consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $800,000,000 shall be made available for
assistance for basic education, and such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries: Provided, That such
funds shall also be used for secondary education activities:
Provided further, That notifications submitted for basic
education programs should, as applicable, describe activities
conducted in support of non-state schools: Provided further,
That the Administrator of the United States Agency for
International Development, following consultation with the
Committees on Appropriations, may reprogram such funds between
countries.
(B) Not later than 30 days after enactment of this Act, the
USAID Administrator shall report to the Committees on
Appropriations on the status of cumulative unobligated balances
and obligated, but unexpended, balances in each country where
USAID provides basic education assistance and such report shall
also include details on the types of contracts and grants
provided and the goals and objectives of such assistance:
Provided, That the USAID Administrator shall update such report
on a quarterly basis until September 30, 2020: Provided
further, That if the USAID Administrator determines that any
unobligated balances of funds specifically designated for
assistance for basic education in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs are in excess of the absorptive capacity
of recipient countries, such funds may be made available for
other programs authorized under chapter 1 of part I of the
Foreign Assistance Act of 1961, notwithstanding such funding
designation: Provided further, That the authority of the
previous proviso shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(C) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$90,000,000 shall be made available for a contribution to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title III
of this Act, not less than $235,000,000 shall be made available for
assistance for higher education: Provided, That such funds may be
made available notwithstanding any other provision of law that
restricts assistance to foreign countries, and shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of such amount, not less
than $35,000,000 shall be made available for human and
institutional capacity building partnerships between higher
education institutions in the United States and developing
countries, of which not less than $15,000,000 shall be for new
partnerships: Provided further, That not later than 45 days after
enactment of this Act, the USAID Administrator shall consult with
the Committees on Appropriations on the proposed uses of funds for
such partnerships.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $12,000,000
shall be made available for cooperative development programs of USAID,
and not less than $30,000,000 shall be made available for the American
Schools and Hospitals Abroad program: Provided, That any substantive
modifications from the prior fiscal year to the evaluation methodology
or criteria for selecting grantees for the American Schools and
Hospitals Abroad program shall be subject to prior consultation with
the Committees on Appropriations.
(c) Environment Programs.--
(1) Authority and notification.--
(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this subsection, to support environment programs.
(B) Funds made available pursuant to this subsection shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(C) None of the funds in this Act are appropriated or
otherwise made available for a contribution, grant, or any
other payment for the Green Climate Fund.
(2) Conservation programs and limitations.--
(A) Of the funds appropriated under title III of this Act,
not less than $285,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $90,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available to
combat the transnational threat of wildlife poaching and
trafficking.
(C) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance for
any military unit or personnel that the Secretary of State
determines has been credibly alleged to have participated in
wildlife poaching or trafficking, unless the Secretary reports
to the appropriate congressional committees that to do so is in
the national security interest of the United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institutions (IFI) to
vote against any financing of any such activity.
(3) Large dams.--The Secretary of the Treasury shall instruct
the United States executive director of each IFI that it is the
policy of the United States to vote in relation to any loan, grant,
strategy, or policy of such institution to support the construction
of any large dam consistent with the criteria set forth in Senate
Report 114-79, while also considering whether the project involves
important foreign policy objectives.
(4) Sustainable landscapes.--Of the funds appropriated under
title III of this Act, not less than $125,000,000 shall be made
available for sustainable landscapes programs.
(d) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than $1,000,600,000
shall be made available for food security and agricultural development
programs to carry out the purposes of the Global Food Security Act of
2016 (Public Law 114-195), of which not less than $315,960,000 shall be
made available for the Bureau for Food Security, USAID, including not
less than $55,000,000 for the Feed the Future Innovation Labs:
Provided, That funds may be made available for a contribution as
authorized by section 3202 of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246), as amended by section 3206 of the
Agricultural Act of 2014 (Public Law 113-79).
(e) Micro- and Small Enterprises.--Of the funds appropriated by
this Act, not less than $265,000,000 shall be made available to support
the development of, and access to financing for, micro- and small
enterprises that benefit the poor, especially women.
(f) Programs To Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'',
not less than $67,000,000 shall be made available for activities to
combat trafficking in persons internationally, of which not less than
$45,000,000 shall be from funds made available under the heading
``International Narcotics Control and Law Enforcement'': Provided,
That funds appropriated by this Act that are made available for
programs to end modern slavery shall be in addition to funds made
available by this subsection to combat trafficking in persons.
(g) Reconciliation Programs.--Funds appropriated by this Act under
the headings ``Economic Support Fund'' and ``Development Assistance''
shall be made available to support people-to-people reconciliation
programs which bring together individuals of different ethnic,
religious, and political backgrounds from areas of civil strife and
war: Provided, That the USAID Administrator shall consult with the
Committees on Appropriations, prior to the initial obligation of funds,
on the uses of such funds, and such funds shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That to the maximum extent practicable, such funds
shall be matched by sources other than the United States Government:
Provided further, That such funds shall be administered by the Office
of Conflict Management and Mitigation, USAID.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $435,000,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $195,000,000 shall be for programs
in sub-Saharan Africa, and of which not less than $15,000,000 shall be
made available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
enterprise funds
Sec. 7061. (a) Notification.--None of the funds made available
under titles III through VI of this Act may be made available for
Enterprise Funds unless the appropriate congressional committees are
notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
impact on jobs in the united states
Sec. 7062. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise currently
located in the United States for the purpose of inducing such an
enterprise to relocate outside the United States if such incentive
or inducement is likely to reduce the number of employees of such
business enterprise in the United States because United States
production is being replaced by such enterprise outside the United
States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized workers'
rights, as defined in section 507(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone or
area in that country: Provided, That the application of section
507(4)(D) and (E) of such Act should be commensurate with the level
of development of the recipient country and sector, and shall not
preclude assistance for the informal sector in such country, micro
and small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States if
such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117);
(B) the modification proposed by the Overseas Private
Investment Corporation in November 2013 to the Corporation's
Environmental and Social Policy Statement relating to coal; or
(C) the Supplemental Guidelines for High Carbon Intensity
Projects approved by the Export-Import Bank of the United
States on December 12, 2013,
when enforcement of such rule, regulation, policy, or guidelines
would prohibit, or have the effect of prohibiting, any coal-fired
or other power-generation project the purpose of which is to: (i)
provide affordable electricity in International Development
Association (IDA)-eligible countries and IDA-blend countries; and
(ii) increase exports of goods and services from the United States
or prevent the loss of jobs from the United States.
overseas private investment corporation
Sec. 7063. (a) Transfer of Funds.--Whenever the President
determines that it is in furtherance of the purposes of the Foreign
Assistance Act of 1961, up to a total of $20,000,000 of the funds
appropriated under title III of this Act may be transferred to, and
merged with, funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the terms and
conditions of that account: Provided, That such funds shall not be
available for administrative expenses of the Overseas Private
Investment Corporation: Provided further, That designated funding
levels in this Act shall not be transferred pursuant to this section:
Provided further, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(b) Authority.--Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961, the authority of subsections (a) through (c) of
section 234 of such Act shall remain in effect until September 30,
2019.
inspectors general
Sec. 7064. (a) Prohibition on Use of Funds.--None of the funds
appropriated by this Act may be used to deny an Inspector General
funded under this Act timely access to any records, documents, or other
materials available to the department or agency of the United States
Government over which such Inspector General has responsibilities under
the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede the access of such Inspector General to such records, documents,
or other materials, under any provision of law, except a provision of
law that expressly refers to such Inspector General and expressly
limits the right of access of such Inspector General.
(b) Timely Access.--A department or agency of the United States
Government covered by this section shall provide its Inspector General
access to all records, documents, and other materials in a timely
manner.
(c) Compliance.--Each Inspector General covered by this section
shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Report.--Each Inspector General covered by this section shall
report to the Committees on Appropriations within 5 calendar days of
any failure by any department or agency of the United States Government
to provide its Inspector General access to all requested records,
documents, and other materials.
global internet freedom
Sec. 7065. (a) Funding.--Of the funds available for obligation
during fiscal year 2019 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$60,500,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interest of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum extent practicable, by sources
other than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``Assistance for
Europe, Eurasia and Central Asia'' that are made available pursuant
to subsection (a) shall be--
(A) coordinated with other democracy programs funded by
this Act under such headings, and shall be incorporated into
country assistance and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011, International
Strategy for Cyberspace; the Department of State International
Cyberspace Policy Strategy required by section 402 of the
Cybersecurity Act of 2015 (division N of Public Law 114-113);
and the comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section 414 of
the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8754);
(C) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations; to
combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists;
(D) made available for research of key threats to Internet
freedom; the continued development of technologies that provide
or enhance access to the Internet, including circumvention
tools that bypass Internet blocking, filtering, and other
censorship techniques used by authoritarian governments; and
maintenance of the technological advantage of the United States
Government over such censorship techniques: Provided, That the
Secretary of State, in consultation with the Chief Executive
Officer (CEO) of the Broadcasting Board of Governors (BBG),
shall coordinate any such research and development programs
with other relevant United States Government departments and
agencies in order to share information, technologies, and best
practices, and to assess the effectiveness of such
technologies; and
(E) made available only after the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State,
concurs that such funds are allocated consistent with--
(i) the strategies referenced in subparagraph (B) of
this paragraph;
(ii) best practices regarding security for, and
oversight of, Internet freedom programs; and
(iii) sufficient resources and support for the
development and maintenance of anti-censorship technology
and tools.
(2) Funds appropriated by this Act under the heading
``International Broadcasting Operations'' that are made available
pursuant to subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute BBG digital content; facilitate
audience access to such content on websites that are censored;
coordinate the distribution of BBG digital content to targeted
regional audiences; and to promote and distribute such tools
and techniques, including digital security techniques;
(B) coordinated with programs funded by this Act under the
heading ``International Broadcasting Operations'', and shall be
incorporated into country broadcasting strategies, as
appropriate;
(C) coordinated by the BBG CEO to provide Internet
circumvention tools and techniques for audiences in countries
that are strategic priorities for the BBG and in a manner
consistent with the BBG Internet freedom strategy; and
(D) made available for the research and development of new
tools or techniques authorized in paragraph (A) only after the
BBG CEO, in consultation with the Secretary of State and other
relevant United States Government departments and agencies,
evaluates the risks and benefits of such new tools or
techniques, and establishes safeguards to minimize the use of
such new tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after enactment of this Act, the Secretary
of State and the BBG CEO shall submit to the Committees on
Appropriations spend plans for funds made available by this Act for
programs to promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to ensure
that such programs are not used for illicit purposes: Provided, That
the Department of State spend plan shall include funding for all such
programs for all relevant Department of State and the United States
Agency for International Development offices and bureaus.
(d) Security Audits.--Funds made available pursuant to this section
to promote Internet freedom globally may only be made available to
support technologies that undergo comprehensive security audits
conducted by the Bureau of Democracy, Human Rights, and Labor,
Department of State to ensure that such technology is secure and has
not been compromised in a manner detrimental to the interest of the
United States or to individuals and organizations benefiting from
programs supported by such funds: Provided, That the security auditing
procedures used by such Bureau shall be reviewed and updated
periodically to reflect current industry security standards.
(e) Surge.--Of the funds appropriated by this Act under the heading
``Economic Support Fund'', up to $2,500,000 may be made available to
surge Internet freedom programs in closed societies if the Secretary of
State determines and reports to the appropriate congressional
committees that such use of funds is in the national interest:
Provided, That such funds are in addition to amounts made available for
such purposes: Provided further, That such funds may be transferred
to, and merged with, funds appropriated by this Act under the heading
``International Broadcasting Operations'' following consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
multi-year pledges
Sec. 7066. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge was--
(1) previously justified, including the projected future year
costs, in a congressional budget justification;
(2) included in an Act making appropriations for the Department
of State, foreign operations, and related programs or previously
authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees on
Appropriations and such consultation was conducted at least 7 days
in advance of the pledge.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7067. (a) Limitation.--None of the funds made available by
this Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV of this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961 and following consultation with the Committees
on Appropriations, for assistance to eliminate torture and other cruel,
inhuman, or degrading treatment or punishment by foreign police,
military or other security forces in countries receiving assistance
from funds appropriated by this Act.
extradition
Sec. 7068. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency Refugee
and Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of State of
its refusal to extradite to the United States any individual indicted
for a criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing a law
enforcement officer, as specified in a United States extradition
request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important to the
national interest of the United States.
war crimes tribunals
Sec. 7069. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
budget documents
Sec. 7070. (a) Operating Plans.--Not later than 45 days after the
date of enactment of this Act, each department, agency, or organization
funded in titles I, II, and VI of this Act, and the Department of the
Treasury and Independent Agencies funded in title III of this Act,
including the Inter-American Foundation and the United States African
Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to such
department, agency, or organization in such titles of this Act, or
funds otherwise available for obligation in fiscal year 2019, that
provides details of the uses of such funds at the program, project, and
activity level: Provided, That such plans shall include, as
applicable, a comparison between the congressional budget justification
funding levels, the most recent congressional directives or approved
funding levels, and the funding levels proposed by the department or
agency; and a clear, concise, and informative description/
justification: Provided further, That if such department, agency, or
organization receives an additional amount under the same heading in
title VIII of this Act, operating plans required by this subsection
shall include consolidated information on all such funds: Provided
further, That operating plans that include changes in levels of funding
for programs, projects, and activities specified in the congressional
budget justification, in this Act, or amounts specifically designated
in the respective tables included in the joint explanatory statement
accompanying this Act, as applicable, shall be subject to the
notification and reprogramming requirements of section 7015 of this
Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds but not later than
120 days after enactment of this Act, the Secretary of State or
Administrator of the United States Agency for International
Development, as appropriate, shall submit to the Committees on
Appropriations a spend plan for funds made available by this Act,
for--
(A) assistance for Afghanistan, Iraq, Lebanon, Pakistan,
the West Bank and Gaza, Colombia, and countries in Central
America;
(B) assistance made available pursuant to section 7047(d)
of this Act to counter Russian influence and aggression, except
that such plan shall be on a country-by-country basis;
(C) assistance made available pursuant to section 7059 of
this Act;
(D) the Indo-Pacific Strategy;
(E) democracy programs, Power Africa, programs to support
section 7071(a) of this Act, and sectors enumerated in
subsections (a), (c), (d), (e), (f), (g), and (h) of section
7060 of this Act; and
(F) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for International
Organized Crime and for Cybercrime and Intellectual Property
Rights: Provided, That the spend plans shall include bilateral
and global programs funded under such heading along with a
brief description of the activities planned for each country.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by
this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(3) Notwithstanding paragraph (1), up to 10 percent of the
funds contained in a spend plan required by this subsection may be
obligated prior to the submission of such spend plan if the
Secretary of State or the USAID Administrator, as appropriate,
determines that the obligation of such funds is necessary to avoid
significant programmatic disruption: Provided, That not less than
seven days prior to such obligation, the Secretary or
Administrator, as appropriate, shall consult with the Committees on
Appropriations on the justification for such obligation and the
proposed uses of such funds.
(c) Spending Report.--Not later than 45 days after enactment of
this Act, the USAID Administrator shall submit to the Committees on
Appropriations a detailed report on spending of funds made available
during fiscal year 2018 under the heading ``Development Credit
Authority''.
(d) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) The congressional budget justification for Department of
State operations and foreign operations shall be provided to the
Committees on Appropriations concurrent with the date of submission
of the President's budget for fiscal year 2020: Provided, That the
appendices for such justification shall be provided to the
Committees on Appropriations not later than 10 calendar days
thereafter.
(2) The Secretary of State and the USAID Administrator shall
include in the congressional budget justification a detailed
justification for multi-year availability for any funds requested
under the headings ``Diplomatic Programs'' and ``Operating
Expenses''.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7071. (a) Countering Foreign Fighters and Extremist
Organizations.--Funds appropriated under titles III and IV of this Act
shall be made available for programs and activities to counter and
defeat violent extremism and foreign fighters abroad, consistent with
the strategy required by section 7073(a)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31): Provided, That the Secretary of
State shall ensure such programs are coordinated with and complement
the efforts of other United States Government agencies and
international partners, and that information gained through the conduct
of such programs is shared in a timely manner with relevant departments
and agencies of the United States Government, other international
partners, and the appropriate congressional committees, as appropriate.
(b) Relief and Recovery Fund.--
(1) Funds and transfer authority.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Peacekeeping Operations'', and ``Foreign Military
Financing Program'', not less than $200,000,000 shall be made
available for the Relief and Recovery Fund for assistance for areas
liberated or at risk from, or under the control of, the Islamic
State of Iraq and Syria, other terrorist organizations, or violent
extremist organizations, including for stabilization assistance for
vulnerable ethnic and religious minority communities affected by
conflict: Provided, That such funds are in addition to amounts
otherwise made available for such purposes and to amounts
specifically designated in this Act or in the joint explanatory
statement accompanying this Act for assistance for countries:
Provided further, That such funds appropriated under such headings
may be transferred to, and merged with, funds appropriated under
such headings: Provided further, That such transfer authority is
in addition to any other transfer authority provided by this Act or
any other Act, and is subject to the regular notification
procedures of the Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by this
Act under the heading ``International Narcotics Control and Law
Enforcement'' that are made available for the Relief and Recovery
Fund, not less than $5,000,000 shall be made available for programs
to promote accountability in Iraq and Syria for genocide, crimes
against humanity, and war crimes, which shall be in addition to any
other funds made available by this Act for such purposes:
Provided, That such programs shall include components to develop
local investigative and judicial skills, and to collect and
preserve evidence and maintain the chain of custody of evidence,
including for use in prosecutions: Provided further, That such
funds shall be administered by the Special Coordinator for the
Office of Global Criminal Justice, Department of State: Provided
further, That funds made available by this paragraph shall only be
made available on an open and competitive basis.
(3) Funds for jordan and tunisia.--Of the funds appropriated in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for the Relief and Recovery Fund, not less than the following
amounts shall be made available--
(A) $50,000,000 for assistance for Jordan; and
(B) $50,000,000 for assistance for Tunisia:
Provided, That such funds are in addition to amounts otherwise
made available by this Act for such countries.
(c) Prevention of Failed States Through Public-Private
Partnerships.--Of the funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs that are made available for the Relief and
Recovery Fund, up to $10,000,000 shall be made available to implement
the program described under this section in the joint explanatory
statement accompanying this Act, which shall be apportioned to USAID
not later than 90 days after enactment of this Act: Provided, That
such funds shall be in addition to funds made available for bilateral
assistance for such countries, and shall remain available until
expended: Provided further, That in addition to funds otherwise made
available for such purposes, up to $750,000 of the funds made available
by this paragraph may be used by USAID for administrative expenses
related to the design and implementation of such program.
(d) Counter Violent Extremism in Asia.--Of the funds appropriated
by this Act under the heading ``Economic Support Fund'', not less than
$2,500,000 shall be made available for programs to counter violent
extremism in Asia, including within the Buddhist community: Provided,
That such funds shall be administered by the Mission Director of the
Regional Development Mission for Asia, USAID: Provided further, That
such funds are in addition to funds otherwise made available for such
purposes.
(e) Fragile States and Extremism.--Funds appropriated by this Act
shall be made available for the purposes of section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31), subject to
the regular notification procedures of the Committees on
Appropriations.
(f) Global Concessional Financing Facility.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' may be made
available for the Global Concessional Financing Facility of the World
Bank to provide financing to support refugees and host communities:
Provided, That such funds shall be in addition to funds made available
for bilateral assistance in the report required by section 653(a) of
the Foreign Assistance Act of 1961, and may only be made available
subject to prior consultation with the Committees on Appropriations.
united nations population fund
Sec. 7072. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2019, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations indicating the amount of funds that UNFPA is
budgeting for the year in which the report is submitted for a
country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA plans
to spend funds for a country program in the People's Republic of
China in the year covered by the report, then the amount of such
funds UNFPA plans to spend in the People's Republic of China shall
be deducted from the funds made available to UNFPA after March 1
for obligation for the remainder of the fiscal year in which the
report is submitted.
reorganization and information technology
Sec. 7073. (a) Oversight.--
(1) Prior consultation and notification.--Funds appropriated by
this Act, prior Acts making appropriations for the Department of
State, foreign operations, and related programs, or any other Act
may not be used to implement a reorganization, redesign, or other
plan described in paragraph (2) by the Department of State, the
United States Agency for International Development, or any other
Federal department, agency, or organization funded by this Act
without prior consultation by the head of such department, agency,
or organization with the appropriate congressional committees:
Provided, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That any such notification submitted to such
Committees shall include a detailed justification for any proposed
action, including the information specified under this section in
the joint explanatory statement accompanying this Act: Provided
further, That congressional notifications submitted during the
previous fiscal year pursuant to section 7081 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2018 (division K of Public Law 115-141) may be deemed to meet the
notification requirements of this section.
(2) Description of activities.--Pursuant to paragraph (1), a
reorganization, redesign, or other plan shall include any action
to--
(A) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus and
offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of the
authorities and responsibilities of such bureaus and offices;
(B) expand, eliminate, consolidate, or downsize the United
States official presence overseas including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(C) expand or reduce the size of the Civil Service, Foreign
Service, eligible family member, and locally employed staff
workforce of the Department of State and USAID from the on-
board levels as of December 31, 2017.
(b) Additional Requirements and Limitations.--
(1) Personnel levels.--Funds made available by this Act are
made available to support the agency-wide on-board Foreign Service
and Civil Service staff levels of the Department of State and USAID
at not less than the levels as of December 31, 2017.
(2) Reports.--
(A) Not later than 30 days after enactment of this Act, and
quarterly thereafter until September 30, 2020, the USAID
Administrator shall submit a report to the appropriate
congressional committees on the status of USAID reorganization
as described in the joint explanatory statement accompanying
this Act: Provided, That the USAID Administrator shall consult
with the appropriate congressional committees on the format of
such reports.
(B) Not later than 60 days after enactment of this Act and
every 60 days thereafter until September 30, 2020, the
Secretary of State, in the case of the Department of State, and
the USAID Administrator, in the case of USAID, shall report to
the appropriate congressional committees on the on-board
personnel levels, hiring, and attrition of the Civil Service,
Foreign Service, eligible family member, and locally employed
staff workforce of the Department of State and USAID, as
appropriate, on an operating unit-by-operating unit basis:
Provided, That such report shall also include a hiring plan,
including timelines, for maintaining the agency-wide, on-board
Foreign Service and Civil Service at not less than the December
31, 2017 level through fiscal year 2019.
(3) Bureau of population, refugees, and migration, department
of state.--None of the funds appropriated by this Act, prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, or any other Act may be used to
downsize, downgrade, consolidate, close, move, or relocate the
Bureau of Population, Refugees, and Migration, Department of State,
or any activities of such Bureau, to another Federal agency.
(4) Administration of funds.--Funds made available by this
Act--
(A) under the heading ``Migration and Refugee Assistance''
shall be administered by the Assistant Secretary for
Population, Refugees, and Migration, Department of State, and
this responsibility shall not be delegated; and
(B) that are made available for the Office of Global
Women's Issues shall be administered by the United States
Ambassador-at-Large for Global Women's Issues, Department of
State, and this responsibility shall not be delegated.
(5) Information technology platform.--
(A) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may be
made available for a new major information technology (IT)
investment without the concurrence of the Chief Information
Officer, Department of State.
(B) In complying with the requirements of this paragraph,
the Chief Information Officer, Department of State, shall
consider whether a new major information technology
investment--
(i) is consistent with the Department Information
Technology Strategic Plan;
(ii) maintains consolidated control over enterprise IT
functions or improves operational maintenance;
(iii) improves Department of State resiliency to a
cyber-attack;
(iv) reduces Department of State IT costs over the
long-term; and
(v) is in accordance with the Federal Acquisition
Regulation (FAR), including FAR Part 6 regarding
competition requirements.
(6) Technology modernization fund limitation.--
(A) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be used by an agency to
submit a project proposal to the Technology Modernization Board
for funding from the Technology Modernization Fund unless, not
later than 15 days in advance of submitting the project
proposal to the Board, the head of the agency--
(i) notifies the Committees on Appropriations of the
proposed submission of the project proposal; and
(ii) submits to the Committees on Appropriations a copy
of the project proposal.
(B) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be used by an agency to
carry out a project that is approved by the Board unless the
head of the agency--
(i) submits to the Committees on Appropriations a copy
of the approved project proposal, including the terms of
reimbursement of funding received for the project; and
(ii) agrees to submit to the Committees on
Appropriations a copy of each report relating to the
project that the head of the agency submits to the Board.
(7) Foreign assistance review.--Programmatic, funding, and
organizational changes resulting from implementation of the Foreign
Assistance Review shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations: Provided, That such notifications may be submitted
in classified form, if necessary.
rescissions
(including rescission of funds)
Sec. 7074. (a) Of the unobligated balances available under the
heading ``International Narcotics Control and Law Enforcement'', as
identified by Treasury Appropriation Fund Symbol 11 X 1022, $12,420,000
are rescinded.
(b) Of the grant balances in the Foreign Military Sales Trust Fund,
identified by Treasury Appropriation Fund Symbol 97-11 X 8242, which
are not currently applied to an active FMS case and which were
appropriated prior to fiscal year 2009, $11,000,000 shall be
deobligated, as appropriate, and shall be permanently rescinded.
john s. mccain scholars program
Sec. 7075. Funds appropriated by this Act under the heading
``Educational and Cultural Exchange Programs'' that are made available
for the Benjamin Gilman International Scholarships Program shall also
be made available for the John S. McCain Scholars Program, pursuant to
section 303 of the International Academic Opportunity Act of 2000
(Public Law 106-309), to include the dependents of active United States
military personnel who are receiving any form of Federal Financial Aid
under title IV of the Higher Education Act of 1965.
afghan special immigrant visas
Sec. 7076. (a) Afghan Allies.--Section 602(b)(3)(F) of the Afghan
Allies Protection Act of 2009 (division F of Public Law 111-8), as
amended, is further amended by substituting ``18,500'' for ``14,500''
in the matter preceding clause (i).
(b) Conditions.--None of the funds appropriated by this Act may be
made available for the additional special immigrant visas made
available under subsection (a) until the Secretary of State--
(1) develops and implements a system to prioritize the
processing of Afghan applicants for special immigrant visas under
section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C.
1101 note); and
(2) submits to the appropriate congressional committees, as
defined in section 602(a) of the Afghan Allies Protection Act of
2009 (8 U.S.C. 1101 note), the following reports:
(A) the report required under paragraph (12) of section
602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C.
1101 note), as amended by section 1222 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232);
(B) a report on the procedures and processes used by the
Chief of Mission to determine whether an Afghan applicant for a
special immigrant visa under section 602 of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) has experienced, is
experiencing, or may reasonably be expected to experience an
ongoing, serious threat as a result of the qualifying service
of the applicant; and
(C) a report on the procedures for background and security
checks on Afghan applicants for special immigrant visas under
such section.
saudi arabia
Sec. 7077. None of the funds appropriated by this Act under the
heading ``International Military Education and Training'' may be made
available for assistance for the Government of Saudi Arabia.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
(including transfer of funds)
For an additional amount for ``Diplomatic Programs'',
$3,225,971,000, to remain available until September 30, 2020, of which
$2,626,122,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $5,000,000 of the total funds made available under this
heading to any other appropriation of any department or agency of the
United States, upon the concurrence of the head of such department or
agency, to support operations in, and assistance for, Afghanistan and
to carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That any such transfer shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$54,900,000, to remain available until September 30, 2020, which shall
be for the Special Inspector General for Afghanistan Reconstruction
(SIGAR) for reconstruction oversight: Provided, That printing and
reproduction costs of SIGAR shall not exceed amounts for such costs
during fiscal year 2018: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $96,240,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $988,656,000, to remain available until
September 30, 2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $158,067,000,
to remain available until September 30, 2020: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$584,278,000, to remain available until expended: Provided, That such
funds shall be apportioned to the United States Agency for
International Development not later than 60 days after enactment of
this Act: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$62,043,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,172,336,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance''
to respond to refugee crises, including in Africa, the Near East, South
and Central Asia, and Europe and Eurasia, $1,404,124,000, to remain
available until expended, except that such funds shall not be made
available for the resettlement costs of refugees in the United States:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$325,213,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That funds available for obligation under this
heading in this Act may be used to pay assessed expenses of
international peacekeeping activities in Somalia under the same terms
and conditions, as applicable, as funds appropriated under the heading
``Contributions for International Peacekeeping Activities'' in this
Act, subject to the regular notification procedures of the Committees
on Appropriations.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $229,372,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
GENERAL PROVISIONS
additional appropriations
SEC. 8001. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FUNDS
APPROPRIATED IN THIS TITLE ARE IN ADDITION TO AMOUNTS
APPROPRIATED OR OTHERWISE MADE AVAILABLE IN THIS ACT FOR
FISCAL YEAR 2019.
extension of authorities and conditions
SEC. 8002. UNLESS OTHERWISE PROVIDED FOR IN THIS ACT, THE ADDITIONAL
AMOUNTS APPROPRIATED BY THIS TITLE TO APPROPRIATIONS
ACCOUNTS IN THIS ACT SHALL BE AVAILABLE UNDER THE
AUTHORITIES AND CONDITIONS APPLICABLE TO SUCH
APPROPRIATIONS ACCOUNTS.
transfer of funds
SEC. 8003.(A) TRANSFER OF FUNDS BETWEEN ACCOUNTS.--
(1) Funds appropriated by this title in this Act under the
headings ``Transition Initiatives'' and ``Economic Support Fund''
may be transferred to, and merged with, funds appropriated by this
title under such headings.
(2) Funds appropriated by this title in this Act under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' may be transferred to, and merged with, funds
appropriated by this title under such headings.
(b) Global Security Contingency Fund.--Notwithstanding any other
provision of this section, up to $7,500,000 from funds appropriated
under the headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' by this title in this Act may be transferred to,
and merged with, funds previously made available under the heading
``Global Security Contingency Fund''.
(c) Limitation.--The transfer authority provided in subsection (a)
may only be exercised to address contingencies.
(d) Notification.--The transfer authority provided by this section
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That such transfer authority is in addition to any transfer
authority otherwise available under any other provision of law,
including section 610 of the Foreign Assistance Act of 1961 which may
be exercised by the Secretary of State for the purposes of this title.
rescission
(including rescission of funds)
SEC. 8004. OF THE UNOBLIGATED BALANCES FROM AMOUNTS AVAILABLE UNDER THE
HEADING ``DIPLOMATIC AND CONSULAR PROGRAMS'' IN TITLE II
OF THE SECURITY ASSISTANCE APPROPRIATIONS ACT, 2017
(DIVISION B OF PUBLIC LAW 114-254), $301,200,000 ARE
RESCINDED: PROVIDED, THAT SUCH AMOUNT IS DESIGNATED BY
THE CONGRESS FOR OVERSEAS CONTINGENCY OPERATIONS/GLOBAL
WAR ON TERRORISM PURSUANT TO SECTION 251(B)(2)(A)(II) OF
THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF
1985.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019''.
DIVISION G--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$113,910,000, of which not to exceed $3,065,000 shall be available for
the immediate Office of the Secretary; not to exceed $1,000,000 shall
be available for the immediate Office of the Deputy Secretary; not to
exceed $20,428,000 shall be available for the Office of the General
Counsel; not to exceed $10,331,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$14,300,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,546,000 shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $29,244,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $2,142,000
shall be available for the Office of Public Affairs; not to exceed
$1,859,000 shall be available for the Office of the Executive
Secretariat; not to exceed $12,181,000 shall be available for the
Office of Intelligence, Security, and Emergency Response; and not to
exceed $16,814,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of Transportation is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such transfers:
Provided further, That notice of any change in funding greater than 7
percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That not to exceed
$60,000 shall be for allocation within the Department for official
reception and representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of law,
excluding fees authorized in Public Law 107-71, there may be credited
to this appropriation up to $2,500,000 in funds received in user fees:
Provided further, That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $8,471,000, of which $2,218,000
shall remain available until September 30, 2021: Provided, That there
may be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training:
Provided further, That any reference in law, regulation, judicial
proceedings, or elsewhere to the Research and Innovative Technology
Administration shall continue to be deemed to be a reference to the
Office of the Assistant Secretary for Research and Technology of the
Department of Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$900,000,000, to remain available through September 30, 2021:
Provided, That the Secretary of Transportation shall distribute funds
provided under this heading as discretionary grants to be awarded to a
State, local government, transit agency, port authority, or a
collaboration among such entities on a competitive basis for projects
that will have a significant local or regional impact: Provided
further, That projects eligible for funding provided under this heading
shall include, but not be limited to, highway or bridge projects
eligible under title 23, United States Code; public transportation
projects eligible under chapter 53 of title 49, United States Code;
passenger and freight rail transportation projects; and port
infrastructure investments (including inland port infrastructure and
land ports of entry): Provided further, That of the amount made
available under this heading, the Secretary may use an amount not to
exceed $15,000,000 for the planning, preparation or design of projects
eligible for funding under this heading: Provided further, That grants
awarded under the previous proviso shall not be subject to a minimum
grant size: Provided further, That the Secretary may use up to 20
percent of the funds made available under this heading for the purpose
of paying the subsidy and administrative costs of projects eligible for
Federal credit assistance under chapter 6 of title 23, United States
Code, or sections 501 through 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as amended, if the
Secretary finds that such use of the funds would advance the purposes
of this paragraph: Provided further, That in distributing funds
provided under this heading, the Secretary shall take such measures so
as to ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and rural areas,
and the investment in a variety of transportation modes: Provided
further, That a grant funded under this heading shall be not less than
$5,000,000 and not greater than $25,000,000: Provided further, That
not more than 10 percent of the funds made available under this heading
may be awarded to projects in a single State: Provided further, That
the Federal share of the costs for which an expenditure is made under
this heading shall be, at the option of the recipient, up to 80
percent: Provided further, That the Secretary shall give priority to
projects that require a contribution of Federal funds in order to
complete an overall financing package: Provided further, That of the
funds made available under this heading not more than 50 percent shall
be for projects located in a rural area with a population equal to or
less than 200,000: Provided further, That for projects located in a
rural area, the minimum grant size shall be $1,000,000 and the
Secretary may increase the Federal share of costs above 80 percent:
Provided further, That of the funds made available under this heading
not more than 50 percent shall be for projects located in an urbanized
area with a population of more than 200,000: Provided further, That
funds for an urbanized area under the previous proviso may be obligated
to projects in the metropolitan area established under section 134 of
title 23, United States Code, that encompasses such urbanized area:
Provided further, That projects conducted using funds provided under
this heading must comply with the requirements of subchapter IV of
chapter 31 of title 40, United States Code: Provided further, That the
Secretary shall conduct a new competition to select the grants and
credit assistance awarded under this heading: Provided further, That
the Secretary may set aside not more than 3 percent of the funds
provided under this heading, and may transfer portions of those funds
to the Administrators of the Federal Highway Administration, the
Federal Transit Administration, the Federal Railroad Administration,
and the Maritime Administration to fund the award and oversight of
grants and credit assistance made under the National Infrastructure
Investments program: Provided further, That the Secretary shall
consider and award projects based solely on the selection criteria from
the fiscal year 2017 Notice of Funding Opportunity: Provided further,
That, notwithstanding the previous proviso, the Secretary shall not use
the Federal share or an applicant's ability to generate non-Federal
revenue as a selection criteria in awarding projects: Provided
further, That the Secretary shall issue the Notice of Funding
Opportunity no later than 60 days after enactment of this Act:
Provided further, That such Notice of Funding Opportunity shall require
application submissions 90 days after the publishing of such Notice:
Provided further, That of the applications submitted under the previous
two provisos, the Secretary shall make grants no later than 270 days
after enactment of this Act in such amounts that the Secretary
determines: Provided further, That such sums provided for national
infrastructure investments for passenger rail transportation projects
under title I of division C of the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 641), shall
remain available for expenditure through fiscal year 2019 for the
liquidation of valid obligations of active grants awarded with this
funding: Provided further, That such sums provided for national
infrastructure investments for port infrastructure projects under title
VIII of division F of the Consolidated and Further Continuing
Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 432) shall remain
available through fiscal year 2020 for the liquidation of valid
obligations of active grants awarded with this funding: Provided
further, That the 2 preceding provisos shall be applied as if they were
in effect on September 30, 2018.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $5,000,000,
to remain available until expended: Provided, That the Secretary shall
notify the House and Senate Committees on Appropriations no less than
15 days prior to exercising the transfer authority granted under
section 116(h) of title 49, United States Code.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $2,000,000, to remain available through September 30, 2020.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
and implementation of enhanced security controls on network devices,
$15,000,000, to remain available through September 30, 2020.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,470,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $7,879,000, to remain available until expended: Provided, That
of such amount, $1,000,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department as
provided for under the previous proviso.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $319,793,000, shall be paid
from appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided further,
That no assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House and
Senate Committees on Appropriations and are approved by such
Committees.
minority business resource center program
For necessary expenses of the Minority Business Resource Center,
the provision of financial education outreach activities to eligible
transportation-related small businesses, the monitoring of existing
loans in the guaranteed loan program, and the modification of such
loans of the Minority Business Resource Center, $500,000, as authorized
by 49 U.S.C. 332; Provided, That notwithstanding that section, these
funds may be for business opportunities related to any mode of
transportation.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $3,488,000, to remain available
until September 30, 2020: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related to any
mode of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $175,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That basic essential air service
minimum requirements shall not include the 15-passenger capacity
requirement under subsection 41732(b)(3) of title 49, United States
Code: Provided further, That none of the funds in this Act or any
other Act shall be used to enter into a new contract with a community
located less than 40 miles from the nearest small hub airport before
the Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be distributed for
the essential air service program under subsection 41742(b) of title
49, United States Code, shall be made available immediately from
amounts otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may reimburse
such amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
hereby authorized to provide partial or full payments in advance and
accept subsequent reimbursements from all Federal agencies from
available funds for transit benefit distribution services that are
necessary to carry out the Federal transit pass transportation fringe
benefit program under Executive Order No. 13150 and section 3049 of
Public Law 109-59: Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve will not
exceed one month of benefits payable and may be used only for the
purpose of providing for the continuation of transit benefits:
Provided further, That the Working Capital Fund will be fully
reimbursed by each customer agency from available funds for the actual
cost of the transit benefit.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, in addition to amounts made available by Public Law
112-95, $10,410,758,000, to remain available until September 30, 2020,
of which $9,833,400,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $7,841,720,000 shall be available
for air traffic organization activities; not to exceed $1,336,969,000
shall be available for aviation safety activities; not to exceed
$24,949,000 shall be available for commercial space transportation
activities; not to exceed $816,398,000 shall be available for finance
and management activities; not to exceed $61,258,000 shall be available
for NextGen and operations planning activities; not to exceed
$114,165,000 shall be available for security and hazardous materials
safety; and not to exceed $215,299,000 shall be available for staff
offices: Provided, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 5 percent: Provided further, That any transfer in excess of
5 percent shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section: Provided further, That not later than March 31 of each fiscal
year hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to the
report submitted to Congress in December 2004 pursuant to section 221
of Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after March 31
that such report has not been submitted to the Congress: Provided
further, That not later than March 31 of each fiscal year hereafter,
the Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after March 31 that such report has
not been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be
available for new applicants for the second career training program:
Provided further, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or implement any
regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $168,000,000 shall be
used to fund direct operations of the current 254 air traffic control
towers in the contract tower program, including the contract tower cost
share program, and any airport that is currently qualified or that will
qualify for the program during the fiscal year: Provided further, That
none of the funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated through, the
Working Capital Fund: Provided further, That none of the funds
appropriated or otherwise made available by this Act or any other Act
may be used to eliminate the Contract Weather Observers program at any
airport: Provided further, That of the amount appropriated under this
heading, up to $6,000,000 shall be used for providing matching funds to
qualified commercial entities seeking to demonstrate or validate
technologies that the Federal Aviation Administration considers
essential to the safe integration of unmanned aircraft systems (UAS) in
the National Airspace System at Federal Aviation Administration
designated UAS test sites: Provided further, That not later than 60
days after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall identify essential integration
technologies that could be demonstrated or validated at test sites
designated in accordance with the preceding proviso.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$3,000,000,000, of which $512,823,000 shall remain available until
September 30, 2020, $2,372,127,000 shall remain available until
September 30, 2021, and $115,050,000 shall remain available until
expended: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment, improvement, and modernization of national airspace
systems: Provided further, That no later than March 31, the Secretary
of Transportation shall transmit to the Congress an investment plan for
the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2020 through 2024, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $191,100,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2021: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That funds made available under this heading shall be used in
accordance with the joint explanatory statement accompanying this Act:
Provided further, That not to exceed 10 percent of any funding level
specified under this heading in the joint explanatory statement
accompanying this Act may be transferred to any other funding level
specified under this heading in the joint explanatory statement
accompanying this Act: Provided further, That no transfer may increase
or decrease any funding level by more than 10 percent: Provided
further, That any transfer in excess of 10 percent shall be treated as
a reprogramming of funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2019, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding section
47109(a) of title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) for subgrants or paragraph
(3) of that section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor received a
grant in fiscal year 2011 for the construction project: Provided
further, That notwithstanding any other provision of law, of funds
limited under this heading, not more than $112,600,000 shall be
available for administration, not less than $15,000,000 shall be
available for the Airport Cooperative Research Program, not less than
$33,210,000 shall be available for Airport Technology Research, and
$10,000,000, to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and Expenses'' to
carry out the Small Community Air Service Development Program:
Provided further, That in addition to airports eligible under section
41743 of title 49, United States Code, such program may include the
participation of an airport that serves a community or consortium that
is not larger than a small hub airport, according to FAA hub
classifications effective at the time the Office of the Secretary
issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $500,000,000, to remain available
through September 30, 2021: Provided, That amounts made available
under this heading shall be derived from the general fund, and such
funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471:
Provided further, That the Secretary shall distribute funds provided
under this heading as discretionary grants to airports: Provided
further, That the amount made available under this heading shall not be
subject to any limitation on obligations for the Grants-in-Aid for
Airports program set forth in any Act: Provided further, That the
Administrator of the Federal Aviation Administration may retain up to
0.5 percent of the funds provided under this heading to fund the award
and oversight by the Administrator of grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2019.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition
of funds in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require airport
sponsors to provide land without cost to the Federal Aviation
Administration for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal Aviation
Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number from any
display of the Federal Aviation Administration's Aircraft Situational
Display to Industry data that is made available to the public, except
data made available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds in this Act shall be available for
salaries and expenses of more than eight political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119. None of the funds made available under this Act may be
used to increase fees pursuant to section 44721 of title 49, United
States Code, until the Federal Aviation Administration provides to the
House and Senate Committees on Appropriations a report that justifies
all fees related to aeronautical navigation products and explains how
such fees are consistent with Executive Order 13642.
Sec. 119A. None of the funds in this Act may be used to close a
regional operations center of the Federal Aviation Administration or
reduce its services unless the Administrator notifies the House and
Senate Committees on Appropriations not less than 90 full business days
in advance.
Sec. 119B. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 119C. None of the funds provided under this Act may be used
by the Administrator of the Federal Aviation Administration to withhold
from consideration and approval any new application for participation
in the Contract Tower Program, or for reevaluation of Cost-share
Program participants as long as the Federal Aviation Administration has
received an application from the airport, and as long as the
Administrator determines such tower is eligible using the factors set
forth in the Federal Aviation Administration report, Establishment and
Discontinuance Criteria for Airport Traffic Control Towers (FAA-APO-90-
7 as of August, 1990).
Sec. 119D. Notwithstanding any other provision of law, none of the
funds made available in this Act may be obligated or expended to limit
the use of an Organization Designation Authorization's (ODA) delegated
functions documented in its procedures manual on a type certification
project unless the Administrator documents a systemic airworthiness
noncompliance performance issue as a result of inspection or oversight
that the safety of air commerce requires a limitation with regard to a
specific authorization or where an ODA's capability has not been
previously established in terms of a new compliance method or design
feature: Provided, That in such cases FAA shall work with the ODA
holder if requested to develop the capability to execute that function
safely, efficiently and effectively: Provided further, That this
section does not limit the authority of the Federal Aviation
Administration to pursue emergency actions on ODAs where specific
safety issues are noted.
Sec. 119E. None of the funds made available by this Act and
apportioned under section 47114(d) of title 49, United States Code,
shall be made available for construction of a storage building, or a
portion of such building, to shelter snow equipment in excess of
equipment needs established by standards issued by the Secretary of
Transportation that is owned by an airport categorized as a local
general aviation airport as indicated in Federal Aviation
Administration 2017- 2021 National Plan of Integrated Airport Systems
(NPIAS) report unless such airport sponsor certifies conformity with
the following:
(1) The storage building, or portion thereof, to be constructed
will be used to store snow removal equipment exclusively used for
clearing airfield pavement of snow and ice following a weather
event.
(2) The 30-year annual snowfall normal of the nearest weather
station based on the National Oceanic and Atmospheric
Administration Summary of Monthly Normals 1981-2010 exceeds 26
inches.
(3) The airport serves as a base for a medical air ambulance
transport aircraft; (d)that the airport master record (Form 5010-1)
effective on September 14, 2017 for the airport indicates 45 based
aircraft consisting of single engine, multiple engine, and jet
engine aircraft.
(4) The airport sponsor will complete design of the storage
building not later than fiscal year 2018 and initiate construction
of the storage building not later than fiscal year 2019.
(5) The area of the storage building, or portion thereof, to be
funded under this section shall not exceed 6,000 square feet.
Sec. 119F. (a) Terminal Aerodrome Forecast.--The Administrator
shall permit an air carrier operation under part 121 of title 14, Code
of Federal Regulations, to operate to a destination determined to be
under visual flight rules without a Terminal Aerodrome Forecast or
Meteorological Aerodrome Report if a current Area Forecast,
supplemented by other local weather observations or reports, is
available, and an alternate airport that has an available Terminal
Aerodrome Forecast and weather report is specified. The air carrier
shall have approved procedures for dispatch and en route weather
evaluation and shall operate under instrument flight rules en route to
the destination.
(b) Limitation.--Without a written finding of necessity, based on
objective and historical evidence of imminent threat to safety, the
Administrator shall not promulgate any operation specification, policy,
or guidance document that is more restrictive than, or requires
procedures that are not expressly stated in, the regulations.
Sec. 119G. Of the funds provided under the heading ``Grants-in-aid
for Airports'', up to $3,500,000 shall be for necessary expenses,
including an independent verification regime, to provide reimbursement
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services located at those
airports closed during a temporary flight restriction (TFR) for any
residence of the President that is designated or identified to be
secured by the United States Secret Service, and for direct and
incremental financial losses incurred while such airports are closed
solely due to the actions of the Federal Government: Provided, That no
funds shall be obligated or distributed to airport sponsors that do not
provide gateway operations and providers of general aviation ground
support services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of law, or
through fault or negligence, of such operators and service providers or
of third parties (including airports) are not eligible for
reimbursements: Provided further, That obligation and expenditure of
funds are conditional upon full release of the United States Government
for all claims for financial losses resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $446,444,304, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration. In addition, $3,248,000 shall be
transferred to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of Federal-aid
highway and highway safety construction programs authorized under
titles 23 and 49, United States Code, and the provisions of the Fixing
America's Surface Transportation Act shall not exceed total obligations
of $45,268,596,000 for fiscal year 2019: Provided, That the Secretary
may collect and spend fees, as authorized by title 23, United States
Code, to cover the costs of services of expert firms, including
counsel, in the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to administrative expenses that are also available for
such purpose, and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of title 23,
United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $46,007,596,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of Transportation
$3,250,000,000: Provided, That the amounts made available under this
heading shall be derived from the general fund, shall be in addition to
any funds provided for fiscal year 2019 in this or any other Act for
``Federal-aid Highways'' under chapter 1 of title 23, United States
Code, and shall not affect the distribution or amount of funds provided
in any other Act: Provided further, That section 1101(b) of Public Law
114-94 shall apply to funds made available under this heading:
Provided further, That of the funds made available under this heading,
$2,729,000,000 shall be set aside for activities eligible under section
133(b)(1)(A) of title 23, United States Code, and for the elimination
of hazards and the installation of protective devices at railway-
highway crossings, $16,000,000 shall be set aside for activities
eligible under the Puerto Rico Highway Program as described in section
165(b)(2)(C) of such title, $5,000,000 shall be set aside for
activities eligible under the Territorial Highway Program, as described
in section 165(c)(6) of such title, $25,000,000 shall be set aside for
the nationally significant Federal lands and tribal projects program
under section 1123 of the Fixing America's Surface Transportation
(FAST) Act (Public Law 114-94), and $475,000,000 shall be set aside for
a bridge replacement and rehabilitation program for qualifying States:
Provided further, That for purposes of this heading, (1) the term
``State'' means any of the 50 States or the District of Columbia and
(2) the term ``qualifying State'' means a State for which the
percentage of total deck area of bridges classified as in poor
condition in such State is at least 7.5 percent: Provided further,
That the funds made available under this heading for activities
eligible under section 133(b)(1)(A) of title 23, United States Code,
and for the elimination of hazards and the installation of protective
devices at railway-highway crossings, shall be suballocated in the
manner described in section 133(d) of such title, except that the set-
aside described in section 133(h) of such title shall not apply to
funds made available under this heading: Provided further, That the
funds made available under this heading for (1) activities eligible
under section 133(b)(1)(A) of such title and for the elimination of
hazards and the installation of protective devices at railways-highway
crossings, and (2) a bridge replacement and rehabilitation program
shall be administered as if apportioned under chapter 1 of such title
and shall remain available through September 30, 2022: Provided
further, That the funds made available under this heading for
activities eligible under section 133(b)(1)(A) of title 23, United
States Code, and for the elimination of hazards and the installation of
protective devices at railway-highway crossings, shall be apportioned
to the States in the same ratio as the obligation limitation for fiscal
year 2019 is distributed among the States in section 120(a)(5) of this
Act: Provided further, That, except as provided in the following
proviso, the funds made available under this heading for activities
eligible under the Puerto Rico Highway Program and activities eligible
under the Territorial Highway Program shall be administered as if
allocated under sections 165(b) and 165(c), respectively, of such title
and shall remain available through September 30, 2022: Provided
further, That the funds made available under this heading for
activities eligible under the Puerto Rico Highway Program shall not be
subject to the requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of
such title: Provided further, That the funds made available under this
heading for the nationally significant Federal lands and tribal
projects program under section 1123 of the FAST Act shall remain
available through September 30, 2022: Provided further, That the
Secretary shall distribute funds made available under this heading for
a bridge replacement and rehabilitation program to each qualifying
State by the proportion that the percentage of total deck area of
bridges classified as in poor condition in each qualifying State bears
to the sum of the percentages of total deck area of bridges classified
as in poor condition in all qualifying States: Provided further, That
the funds made available under this heading for a bridge replacement
and rehabilitation program shall be used for highway bridge replacement
or rehabilitation projects on public roads: Provided further, That
except as provided in the following proviso the funds made available
under this heading for a bridge replacement and rehabilitation program
shall be used in areas of a qualifying State that have a population of
200,000 or fewer individuals: Provided further, That if a qualifying
State has no bridges located in areas with a population of 200,000 or
fewer individuals, or if a qualifying State has insufficient bridge
replacement or rehabilitation needs in areas of the State with a
population of 200,000 or fewer individuals, the funds made available
under this heading for a bridge replacement and rehabilitation program
may be used for highway bridge replacement or rehabilitation projects
on public roads in any area of the State: Provided further, That for
purposes of this heading for a bridge replacement and rehabilitation
program, the Secretary shall (1) calculate population based on the
latest available data from the decennial census conducted under section
141(a) of title 13, United States Code, and (2) calculate the
percentages of total deck area of bridges classified as in poor
condition based on the National Bridge Inventory as of December 31,
2017.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2019, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for Federal-
aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code; and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation for
Federal-aid highways that is equal to the unobligated balance of
amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or apportioned
by the Secretary under sections 202 or 204 of title 23, United
States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs
(1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal year),
less the aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by the
Secretary under the Fixing America's Surface Transportation Act and
title 23, United States Code, or apportioned by the Secretary under
sections 202 or 204 of that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraph
(4), for Federal-aid highway and highway safety construction
programs that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned for the
National Highway Performance Program in section 119 of title 23,
United States Code, that are exempt from the limitation under
subsection (b)(12) and the amounts apportioned under sections 202
and 204 of that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of
1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for the 21st
Century (112 Stat. 107) or subsequent Acts for multiple years or to
remain available until expended, but only to the extent that the
obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as in effect
for fiscal years 2005 through 2012, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
1248), to the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation;
and
(12) section 119 of title 23, United States Code (but, for each
of fiscal years 2013 through 2019, only in an amount equal to
$639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot be
obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during
that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of Public Law 112-
141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried out
under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface Transportation
Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding funds
authorized for the program under section 202 of title 23, United
States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under section
204 of title 23, United States Code), and will not be available
for obligation, for such fiscal year because of the imposition
of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same proportion as the distribution of obligation authority
under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary of Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but
not be limited to, the name of the project sponsor; a description of
the project; whether credit assistance will be provided as a direct
loan, loan guarantee, or line of credit; and the amount of credit
assistance.
Sec. 124. None of the funds in this Act may be used to make a
grant for a project under section 117 of title 23, United States Code,
unless the Secretary, at least 60 days before making a grant under that
section, provides written notification to the House and Senate
Committees on Appropriations of the proposed grant, including an
evaluation and justification for the project and the amount of the
proposed grant award: Provided, That the written notification required
in the previous proviso shall be made no later than 180 days after
enactment of this Act.
Sec. 125. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this section
and submits a quarterly report to the Secretary identifying the
projects to which the funding would be applied. Notwithstanding the
original period of availability of funds to be obligated under this
section, such funds and associated obligation limitation shall remain
available for obligation for a period of 3 fiscal years after the
fiscal year in which the Secretary of Transportation is notified. The
Federal share of the cost of a project carried out with funds made
available under this section shall be the same as associated with the
earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule XLIV
of the Standing Rules of the Senate, identified in a prior law,
report, or joint explanatory statement, which was authorized to be
appropriated or appropriated more than 10 fiscal years prior to the
current fiscal year, and administered by the Federal Highway
Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior law,
report, or joint explanatory statement, which was authorized to be
appropriated or appropriated more than 10 fiscal years prior to the
current fiscal year, and administered by the Federal Highway
Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 50 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter to the
House and Senate Committees on Appropriations.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code, as
amended by the Fixing America's Surface Transportation Act,
$284,000,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration, the sum of
which shall remain available until expended: Provided, That funds
available for implementation, execution or administration of motor
carrier safety operations and programs authorized under title 49,
United States Code, shall not exceed total obligations of $284,000,000
for ``Motor Carrier Safety Operations and Programs'' for fiscal year
2019, of which $9,073,000, to remain available for obligation until
September 30, 2021, is for the research and technology program, and of
which $34,824,000, to remain available for obligation until September
30, 2021, is for information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $382,800,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $382,800,000 in fiscal
year 2019 for ``Motor Carrier Safety Grants''; of which $304,300,000
shall be available for the motor carrier safety assistance program,
$32,500,000 shall be available for the commercial driver's license
program implementation program, $44,000,000 shall be available for the
high priority activities program, and $2,000,000 shall be made
available for commercial motor vehicle operators grants, of which
$1,000,000 is to be made available from prior year unobligated contract
authority provided for Motor Carrier Safety grants in the
Transportation Equity Act for the 21st Century (Public Law 105-178),
SAFETEA-LU (Public Law 109-59), or other appropriations or
authorization acts.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
send notice of 49 CFR section 385.308 violations by certified mail,
registered mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the violations.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such
title, transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or
insects.
Sec. 132. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to implement,
enforce or in any other way make effective the final rule published by
the Federal Motor Carrier Safety Administration on May 27, 2015,
entitled ``Lease and Interchange of Vehicles; Motor Carriers of
Passengers''.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code,
$190,000,000, of which $40,000,000 shall remain available through
September 30, 2020.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, section 4011 of the Fixing America's Surface
Transportation Act (Public Law 114-94), and chapter 303 of title 49,
United States Code, $152,100,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2019, are in excess of
$152,100,000, of which $146,700,000 shall be for programs authorized
under 23 U.S.C. 403 and section 4011 of the Fixing America's Surface
Transportation Act (Public Law 114-94) and $5,400,000 shall be for the
National Driver Register authorized under chapter 303 of title 49,
United States Code: Provided further, That within the $152,100,000
obligation limitation for operations and research, $20,000,000 shall
remain available until September 30, 2020, and shall be in addition to
the amount of any limitation imposed on obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America's Surface Transportation Act, to remain available until
expended, $610,208,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account): Provided, That none of the
funds in this Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year 2019, are in
excess of $610,208,000 for programs authorized under 23 U.S.C. 402,
404, and 405, and section 4001(a)(6) of the Fixing America's Surface
Transportation Act, of which $270,400,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402; $283,000,000 shall be for ``National
Priority Safety Programs'' under 23 U.S.C. 405; $30,200,000 shall be
for the ``High Visibility Enforcement Program'' under 23 U.S.C. 404;
$26,608,000 shall be for ``Administrative Expenses'' under section
4001(a)(6) of the Fixing America's Surface Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as described in
subsection (d) of that section) shall be available for technical
assistance to the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(8), any amounts
transferred to increase the amounts made available under section 402
shall include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and Senate
Committees on Appropriations of any exercise of the authority granted
under the previous proviso or under 23 U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. None of the funds made available by this Act may be used
to mandate global positioning system (GPS) tracking in private
passenger motor vehicles without providing full and appropriate
consideration of privacy concerns under 5 U.S.C. chapter 5, subchapter
II.
Sec. 143. In addition to the amounts made available under the
heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
carrying out the provisions of section 403 of title 23, United States
Code, $14,000,000, to remain available until September 30, 2020, shall
be made available to the National Highway Traffic Safety Administration
from the general fund, of which not to exceed $7,000,000 shall be
available to provide funding for grants, pilot program activities, and
innovative solutions to reduce impaired-driving fatalities in
collaboration with eligible entities under section 403 of title 23,
United States Code, and not to exceed $7,000,000 shall be available to
continue a high visibility enforcement paid-media campaign regarding
highway-rail grade crossing safety in collaboration with the Federal
Railroad Administration.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $221,698,000, of which $18,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended, such authority shall exist as long as any such
direct loan or loan guarantee is outstanding.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership for
State of Good Repair Grants as authorized by section 24911 of title 49,
United States Code, $400,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of award and project
management oversight of grants carried out under section 24911 of title
49, United States Code: Provided further, That the Secretary shall
issue the Notice of Funding Opportunity that encompasses funds provided
under this heading in this Act and previously unawarded funds provided
under this heading in fiscal year 2017 by Public Law 115-31 and fiscal
year 2018 by Public Law 115-141, no later than 30 days after enactment
of this Act: Provided further, That the Secretary shall announce the
selection of projects to receive awards for the funds in the previous
proviso no later than 180 days after enactment of this Act.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants, as authorized by section 24407 of title
49, United States Code, $255,000,000, to remain available until
expended: Provided, That section 24405(f) of title 49, United States
Code, shall not apply to projects for the implementation of positive
train control systems otherwise eligible under section 24407(c)(1) of
title 49, United States Code: Provided further, That amounts available
under this heading for projects selected for commuter rail passenger
transportation may be transferred by the Secretary, after selection, to
the appropriate agencies to be administered in accordance with chapter
53 of title 49, United States Code: Provided further, That the
Secretary shall not limit eligible projects from consideration for
funding for planning, engineering, environmental, construction, and
design elements of the same project in the same application: Provided
further, That unobligated balances remaining after 4 years from the
date of enactment may be used for any eligible project under section
24407(c) of title 49, United States Code: Provided further, That the
Secretary may withhold up to one percent of the amount provided under
this heading for the costs of award and project management oversight of
grants carried out under section 24407 of title 49, United States Code:
Provided further, That the Secretary shall issue the Notice of Funding
Opportunity that encompasses previously unawarded funds provided under
this heading in fiscal year 2018 by Public Law 115-141 and funds
provided under this heading in this Act no later than 30 days after
enactment of this Act: Provided further, That the Secretary shall
announce the selection of projects to receive awards for the funds in
the previous proviso no later than 120 days after enactment of this
Act.
restoration and enhancement
For necessary expenses related to Restoration and Enhancement
Grants, as authorized by section 24408 of title 49, United States Code,
$5,000,000, to remain available until expended: Provided, That the
Secretary may withhold up to one percent of the funds provided under
this heading to fund the costs of award and project management and
oversight: Provided further, That the Secretary shall issue the Notice
of Funding Opportunity for funds provided under this heading no later
than 30 days after enactment of this Act: Provided further, That the
Secretary shall announce the selection of projects to receive awards
for the funds in the previous proviso no later than 120 days after
enactment of this Act.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in 1307(a)
through (c) of Public Law 109-59, as amended by section 102 of Public
Law 110-244 (section 322 of title 23, United States Code), $10,000,000,
to remain available until expended.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$650,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under both this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading to fund the costs of
project management and oversight of activities authorized by section
11101(c) of division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized under
section 11101(c) of division A of Public Law 114-94, the Secretary may
retain up to an additional $5,000,000 of the funds provided under this
heading to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code: Provided further, That of the amounts made available under this
heading and the ``National Network Grants to the National Railroad
Passenger Corporation'' heading, not less than $50,000,000 shall be
made available to bring Amtrak-served facilities and stations into
compliance with the Americans with Disabilities Act.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,291,600,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided under this heading to fund expenses associated with the State-
Supported Route Committee established under section 24712 of title 49,
United States Code: Provided further, That at least $50,000,000 of the
amount provided under this heading shall be available for the
development, installation and operation of railroad safety technology,
including the implementation of a positive train control system, on
State-supported routes as defined under section 24102(13) of title 49,
United States Code, on which positive train control systems are not
required by law or regulation: Provided further, That not less than
$50,000,000 of the amount provided under this heading shall be for
capital expenses related to safety improvements, maintenance, and the
non-Federal match for discretionary Federal grant programs to enable
continued passenger rail operations on long-distance routes (as defined
in section 24102 of title 49, United States Code) on which Amtrak is
the sole operator on a host railroad's line and a positive train
control system is not required by law or regulation: Provided further,
That none of the funds provided under this heading shall be used by
Amtrak to give notice under subsection (a) or (b) of section 24706 of
title 49, United States Code, with respect to long-distance routes (as
defined in section 24102 of title 49, United States Code) on which
Amtrak is the sole operator on a host railroad's line and a positive
train control system is not required by law or regulation, or, except
in an emergency or during maintenance or construction outages impacting
such routes, to otherwise discontinue, reduce the frequency of,
suspend, or substantially alter the route of rail service on any
portion of such route operated in fiscal year 2018, including
implementation of service permitted by section 24305(a)(3)(A) of title
49, United States Code, in lieu of rail service.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: Provided, That the President
of Amtrak may waive the cap set in the previous proviso for specific
employees when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system: Provided
further, That the President of Amtrak shall report to the House and
Senate Committees on Appropriations within 60 days of enactment of this
Act, a summary of all overtime payments incurred by the Corporation for
2018 and the three prior calendar years: Provided further, That such
summary shall include the total number of employees that received
waivers and the total overtime payments the Corporation paid to those
employees receiving waivers for each month for 2018 and for the three
prior calendar years.
Sec. 151. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities in 40
States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should be
sustained to ensure connectivity throughout the National Network
(as defined in section 24102 of title 49, United States Code).
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $113,165,000, of which up to $1,000,000 shall be available
to carry out the provisions of section 5326 of such title: Provided,
That none of the funds provided or limited in this Act may be used to
create a permanent office of transit security under this heading:
Provided further, That upon submission to the Congress of the fiscal
year 2020 President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on New Starts, including
proposed allocations for fiscal year 2020.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $9,900,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for
the implementation or execution of programs authorized under 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339,
and 5340, as amended by the Fixing America's Surface Transportation
Act, section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, shall not exceed total
obligations of $9,939,380,030 in fiscal year 2019: Provided further,
That the Federal share of the cost of activities carried out under 49
U.S.C. section 5312 shall not exceed 80 percent, except that if there
is substantial public interest or benefit, the Secretary may approve a
greater Federal share.
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339 of title 49, United States Code, state of good repair
grants under section 5337 of such title, formula grants for rural areas
under section 5311 of such title, high density state apportionments
under section 5340(d) of such title, and the bus testing facilities
under sections 5312 and 5318 of such title, $700,000,000 to remain
available until expended: Provided, That $350,000,000 shall be
available for grants as authorized under section 5339 of such title, of
which $160,000,000 shall be available for the buses and bus facilities
formula grants as authorized under section 5339(a) of such title,
$160,000,000 shall be available for the buses and bus facilities
competitive grants as authorized under section 5339(b) of such title,
and $30,000,000 shall be available for the low or no emission grants as
authorized under section 5339(c) of such title: Provided further, That
$263,000,000 shall be available for the state of good repair grants as
authorized under section 5337 of such title: Provided further, That
$40,000,000 shall be available for formula grants for rural areas as
authorized under section 5311 of such title: Provided further, That
$40,000,000 shall be available for the high density state
apportionments as authorized under section 5340(d) of such title:
Provided further, That $1,000,000 shall be available for the bus
testing facility as authorized under section 5318 of such title:
Provided further, That notwithstanding section 5318(a) of such title,
$6,000,000 shall be available for the operation and maintenance of bus
testing facilities by institutions of higher education selected
pursuant to section 5312(h) of such title: Provided further, That the
Secretary shall enter into a contract or cooperative agreement with, or
make a grant to, each institution of higher education selected pursuant
to section 5312(h) of such title, to operate and maintain a facility to
conduct the testing of low or no emission vehicle new bus models using
the standards established pursuant to section 5318(e)(2) of such title:
Provided further, That the term ``low or no emission vehicle'' has the
meaning given the term in section 5312(e)(6) of such title: Provided
further, That the Secretary shall pay 80 percent of the cost of testing
a low or no emission vehicle new bus model at each selected institution
of higher education: Provided further, That the entity having the
vehicle tested shall pay 20 percent of the cost of testing: Provided
further, That a low or no emission vehicle new bus model tested that
receives a passing aggregate test score in accordance with the
standards established under section 5318(e)(2) of such title, shall be
deemed to be in compliance with the requirements of section 5318(e) of
such title: Provided further, That amounts made available by this
heading shall be derived from the general fund: Provided further, That
the amounts made available under this heading shall not be subject to
any limitation on obligations for transit programs set forth in any
Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000, of
which not less than $1,500,000 shall be for a cooperative agreement
through which the Federal Transit Administration assists small-urban,
rural and tribal public transit recipients and planning organizations
with applied innovation and capacity-building: Provided, That the
assistance provided under this heading not duplicate the activities of
49 U.S.C. 5311(b) or 49 U.S.C. 5312.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act,
$2,552,687,000, to remain available until September 30, 2022:
Provided, That of the amounts made available under this heading,
$2,169,783,950 shall be obligated by December 31, 2020: Provided
further, That of the amounts made available under this heading,
$1,265,670,000 shall be available for projects authorized under section
5309(d) of title 49, United States Code, $635,000,000 shall be
available for projects authorized under section 5309(e) of title 49,
United States Code, $526,500,000 shall be available for projects
authorized under section 5309(h) of title 49, United States Code, and
$100,000,000 shall be available for projects authorized under section
3005(b) of the Fixing America's Surface Transportation Act: Provided
further, That the Secretary shall continue to administer the capital
investment grants program in accordance with the procedural and
substantive requirements of section 5309 of title 49, United States
Code, and of section 3005(b) of the Fixing America's Surface
Transportation Act.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to approving such
grants, the Secretary shall certify that the Washington Metropolitan
Area Transit Authority is making progress to improve its safety
management system in response to the Federal Transit Administration's
2015 safety management inspection: Provided further, That the
Secretary shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those investments that
will improve the safety of the system before approving such grants:
Provided further, That the Secretary, in order to ensure safety
throughout the rail system, may waive the requirements of section
601(e)(1) of division B of Public Law 110-432.
administrative provisions--federal transit administration
(including rescission)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Fixed Guideway
Capital Investment'' of the Federal Transit Administration for projects
specified in this Act or identified in reports accompanying this Act
not obligated by September 30, 2022, and other recoveries, shall be
directed to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2018, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. Notwithstanding any other provision of law, none of the
funds made available in this Act shall be used to enter into a full
funding grant agreement for a project with a New Starts share greater
than 51 percent.
Sec. 164. Of the unobligated amounts made available for fiscal
years 2005 or prior fiscal years to ``Transit Formula Grants'', a total
of $46,560,000 is hereby permanently rescinded.
Sec. 165. None of the funds made available under this Act may be
used for the implementation or furtherance of new policies detailed in
the ``Dear Colleague'' letter distributed by the Federal Transit
Administration to capital investment grant program project sponsors on
June 29, 2018.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities on those portions of the Saint
Lawrence Seaway owned, operated, and maintained by the Saint Lawrence
Seaway Development Corporation, $36,000,000, to be derived from the
Harbor Maintenance Trust Fund, pursuant to Public Law 99-662:
Provided, That of the amounts made available under this heading, not
less than $16,000,000 shall be used on capital asset renewal
activities.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $300,000,000, to remain available until expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training activities
authorized by law, $149,442,000, of which $70,593,000 shall remain
available until September 30, 2020 for the operations of the United
States Merchant Marine Academy, and of which $18,000,000 shall remain
available until expended for the maintenance and repair, equipment, and
capital improvements at the United States Merchant Marine Academy:
Provided, That not later than January 12, 2019, the Administrator of
the Maritime Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual assault and
sexual harassment at the United States Merchant Marine Academy as
required pursuant to section 3507 of Public Law 110-417: Provided
further, That of the amounts made available under this heading,
$3,000,000 shall remain available until September 30, 2020 for the
Maritime Environment and Technology Assistance program authorized under
section 50307 of title 46, United States Code: Provided further, That
of the amounts made available under this heading, $7,000,000, shall
remain available until expended for the Short Sea Transportation
Program (America's Marine Highways) to make grants for the purposes
authorized under sections 55601(b)(1) and (3) of title 46, United
States Code: Provided further, That available balances under this
heading for the Short Sea Transportation Program (America's Marine
Highways) from prior year recoveries shall be available to carry out
activities authorized under sections 55601(b)(1) and (3) of title 46,
United States Code: Provided further, That from funds provided under
the previous two provisos, the Secretary of Transportation shall make
grants no later than 180 days after enactment of this Act in such
amounts as the Secretary determines: Provided further, That any
unobligated balances available from previous appropriations for
programs and activities supporting State Maritime Academies shall be
transferred to and merged with the appropriations for ``Maritime
Administration, State Maritime Academy Operations'' and shall be made
available for the same purposes.
state maritime academy operations
For necessary expenses of operations, support and training
activities for State Maritime Academies, $345,200,000, of which
$25,000,000, to remain available until expended, shall be for
maintenance, repair, life extension, and capacity improvement of
National Defense Reserve Fleet training ships in support of State
Maritime Academies, of which $8,000,000, to remain available until
expended, shall be for expenses related to training mariners for costs
associated with training vessel sharing pursuant to 46 U.S.C.
51504(g)(3) for costs associated with mobilizing, operating and
demobilizing the vessel, including travel costs for students, faculty
and crew, the costs of the general agent, crew costs, fuel, insurance,
operational fees, and vessel hire costs, as determined by the
Secretary, of which $300,000,000, to remain available until expended,
shall be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration, and design
of school ships, of which $2,400,000 shall remain available through
September 30, 2020, for the Student Incentive Program, of which
$3,800,000 shall remain available until expended for training ship fuel
assistance, and of which $6,000,000 shall remain available until
September 30, 2020, for direct payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, as amended by Public Law 113-
281, $20,000,000, to remain available until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$5,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime
Administration.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 50302 of title 46, United States Code, $200,000,000 to remain
available until expended: Provided, That projects eligible for funding
provided under this heading shall be projects for coastal seaports:
Provided further, That in addition, $92,730,000, to remain available
until expended, shall be for grants to the 15 coastal seaports that
handled the greatest number of loaded foreign and domestic twenty-foot
equivalent units of containerized cargo in 2016, as identified by the
U.S. Army Corps of Engineers: Provided further, That the Maritime
Administration shall distribute funds provided under this heading as
discretionary grants to port authorities or commissions or their
subdivisions and agents under existing authority, as well as to a State
or political subdivision of a State or local government, a tribal
government, a public agency or publicly chartered authority established
by one or more States, a special purpose district with a transportation
function, a multistate or multijurisdictional group of entities, or a
lead entity described above jointly with a private entity or group of
private entities: Provided further, That projects eligible for funding
provided under this heading shall be either within the boundary of a
port, or outside the boundary of a port, and directly related to port
operations or to an intermodal connection to a port that will improve
the safety, efficiency, or reliability of the movement of goods into,
out of, around, or within a port, as well as the unloading and loading
of cargo at a port: Provided further, That in awarding grants from
funds made available by the second proviso under this heading for the
15 coastal seaports referred to, the Maritime Administration shall give
priority consideration for proposed projects that construct treatment
facilities defined in section 305.1 of title 7, Code of Federal
Regulations, to meet the phytosanitary treatment requirements of
sections 305.5 through 305.8 of title 7, Code of Federal Regulations:
Provided further, That the Federal share of the costs for which an
expenditure is made under this heading shall be up to 80 percent:
Provided further, That not to exceed 2 percent of the funds
appropriated under this heading shall be available for necessary costs
of grant administration: Provided further, That the proceeds of
Federal credit assistance under chapter 6 of title 23, United States
Code or sections 501 through 504 of the Railroad and Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as amended, shall be
considered to be part of the non-Federal share of project costs if the
loan is repayable from non-Federal funds, unless otherwise requested by
the project sponsor.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $23,710,000: Provided, That the
Secretary of Transportation shall issue a final rule to expand the
applicability of comprehensive oil spill response plans within 90 days
of enactment of this Act: Provided further, That the amounts
appropriated under this heading shall be reduced by $10,000 per day for
each day that such rule has not been issued following the expiration of
the period set forth in the previous proviso.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $58,000,000, of which $7,570,000 shall remain available
until September 30, 2021: Provided, That up to $800,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the general
fund of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by 49 U.S.C. 60107, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990, $165,000,000, to
remain available until September 30, 2021, of which $23,000,000 shall
be derived from the Oil Spill Liability Trust Fund; of which
$134,000,000 shall be derived from the Pipeline Safety Fund; and of
which $8,000,000 shall be derived from fees collected under 49 U.S.C.
60302 and deposited in the Underground Natural Gas Storage Facility
Safety Account for the purpose of carrying out 49 U.S.C. 60141:
Provided, That not less than $1,058,000 of the funds provided under
this heading shall be for the One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2021, from amounts made available by 49 U.S.C. 5116(h),
and 5128(b) and (c): Provided, That notwithstanding 49 U.S.C.
5116(h)(4), not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs: Provided
further, That notwithstanding 49 U.S.C. 5128(b) and (c) and the current
year obligation limitation, prior year recoveries recognized in the
current year shall be available to develop a hazardous materials
response training curriculum for emergency responders, including
response activities for the transportation of crude oil, ethanol and
other flammable liquids by rail, consistent with National Fire
Protection Association standards, and to make such training available
through an electronic format: Provided further, That the prior year
recoveries made available under this heading shall also be available to
carry out 49 U.S.C. 5116(a)(1)(C) and 5116(i).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $92,600,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation: Provided further, That the funds
made available under this heading may be used to investigate, pursuant
to section 41712 of title 49, United States Code: (1) unfair or
deceptive practices and unfair methods of competition by domestic and
foreign air carriers and ticket agents; and (2) the compliance of
domestic and foreign air carriers with respect to item (1) of this
proviso.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902).
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by the
Department prior to the enactment of this Act shall be deemed
authorized.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 183. None of the funds in this Act shall be available for
salaries and expenses of more than 125 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement is announced by the
Department or its modal administrations: Provided, That the Secretary
gives concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
(b) In addition to the notification required in subsection (a),
none of the funds made available in this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, cooperative agreement or discretionary grant unless the
Secretary of Transportation provides the House and Senate Committees on
Appropriations a comprehensive list of all such loans, loan guarantees,
lines of credit, cooperative agreement or discretionary grants that
will be announced not less the 3 full business days before such
announcement: Provided, That the requirement to provide a list in this
subsection does not apply to any ``quick release'' of funds from the
emergency relief program: Provided further, That no list shall involve
funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the Department
of Transportation in recovering improper payments: Provided, That
amounts made available in this Act shall be available until
expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Improper Payments Information Act of 2002, as amended by the
Improper Payments Elimination and Recovery Act of 2010 and Improper
Payments Elimination and Recovery Improvement Act of 2012, and
Fraud Reduction and Data Analytics Act of 2015: Provided, That
amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with the
improper payment or payments is not readily available, the
Secretary may credit an appropriate account, which shall be
available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts: Provided
further, That prior to depositing such recovery in the
Treasury, the Secretary shall notify the House and Senate
Committees on Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this section,
the term ``improper payments'' has the same meaning as that
provided in section 2(e)(2) of Public Law 111-204.
Sec. 188. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of said reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and said reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 191. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49
U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other
hiring preference not otherwise authorized by law, or to amend a rule,
regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a pool
of readily available but unemployed individuals possessing the
knowledge, skill, and ability to perform the work that the contract
requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy such
hiring preference; and
(3) that any increase in the cost of labor, training, or delays
resulting from the use of such hiring preference does not delay or
displace any transportation project in the applicable Statewide
Transportation Improvement Program or Transportation Improvement
Program.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2019''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $14,900,000, to
remain available until September 30, 2020: Provided, That not to
exceed $25,000 of the amount made available under this heading shall be
available to the Secretary for official reception and representation
expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $541,500,000, to remain available until September 30, 2020, of
which $70,400,000 shall be available for the Office of the Chief
Financial Officer, (and of which $20,000,000, to remain available until
September 30, 2021, shall be for the financial transformation
initiative); $97,800,000 shall be available for the Office of the
General Counsel, of which not less than $15,000,000 shall be for the
Departmental Enforcement Center; $206,300,000 shall be available for
the Office of Administration; $40,400,000 shall be available for the
Office of the Chief Human Capital Officer; $54,300,000 shall be
available for the Office of Field Policy and Management; $19,100,000
shall be available for the Office of the Chief Procurement Officer;
$3,800,000 shall be available for the Office of Departmental Equal
Employment Opportunity; $4,700,000 shall be available for the Office of
Business Transformation; and $44,700,000 shall be available for the
Office of the Chief Information Officer: Provided, That funds provided
under this heading may be used for necessary administrative and non-
administrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be used for
advertising and promotional activities that directly support program
activities funded in this title: Provided further, That the Secretary
shall provide the House and Senate Committees on Appropriations
quarterly written notification regarding the status of pending
congressional reports: Provided further, That the Secretary shall
provide in electronic form all signed reports required by Congress:
Provided further, That not more than 10 percent of the funds made
available under this heading for the Office of Chief Financial Officer
for the financial transformation initiative may be obligated until the
Secretary submits to the House and Senate Committees on Appropriations,
for approval, a plan for expenditure that includes the financial and
internal control capabilities to be delivered and the mission benefits
to be realized, key milestones to be met, and the relationship between
the proposed use of funds made available under this heading and the
projected total cost and scope of the initiative.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public and
Indian Housing, $219,800,000, to remain available until September 30,
2020.
community planning and development
For necessary salaries and expenses of the Office of Community
Planning and Development, $112,344,000, to remain available until
September 30, 2020.
housing
For necessary salaries and expenses of the Office of Housing,
$382,500,000, to remain available until September 30, 2020, of which
not less than $12,000,000 shall be for the Office of Recapitalization.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $26,000,000, to remain available until
September 30, 2020.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair Housing
and Equal Opportunity, $72,900,000, to remain available until September
30, 2020.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead Hazard
Control and Healthy Homes, $8,600,000, to remain available until
September 30, 2020.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred,
including reimbursements pursuant to section 7(f), to the Fund under
this heading shall be available for Federal shared services used by
offices and agencies of the Department, and for such portion of any
office or agency's printing, records management, space renovation,
furniture, or supply services as the Secretary determines shall be
derived from centralized sources made available by the Department to
all offices and agencies and funded through the Fund: Provided, That
of the amounts made available in this title for salaries and expenses
under the headings ``Executive Offices'', ``Administrative Support
Offices'', ``Program Office Salaries and Expenses'', and ``Government
National Mortgage Association'', the Secretary shall transfer to the
Fund such amounts, to remain available until expended, as are necessary
to fund services, specified in the matter preceding the first proviso,
for which the appropriation would otherwise have been available, and
may transfer not to exceed an additional $5,000,000, in aggregate, from
all such appropriations, to be merged with the Fund and to remain
available until expended for any purpose under this heading: Provided
further, That amounts in the Fund shall be the only amounts available
to each office or agency of the Department for the services, or portion
of services, specified in the matter preceding the first proviso:
Provided further, That with respect to the Fund, the authorities and
conditions under this heading shall supplement the authorities and
conditions provided under section 7(f).
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $18,598,000,000, to remain available until
expended, shall be available on October 1, 2018 (in addition to the
$4,000,000,000 previously appropriated under this heading that shall be
available on October 1, 2018), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2019: Provided, That
the amounts made available under this heading are provided as follows:
(1) $20,313,000,000 shall be available for renewals of expiring
section 8 tenant-based annual contributions contracts (including
renewals of enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act) and
including renewal of other special purpose incremental vouchers:
Provided, That notwithstanding any other provision of law, from
amounts provided under this paragraph and any carryover, the
Secretary for the calendar year 2019 funding cycle shall provide
renewal funding for each public housing agency based on validated
voucher management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as established by
the Secretary, by notice published in the Federal Register, and by
making any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph may
be used to fund a total number of unit months under lease which
exceeds a public housing agency's authorized level of units under
contract, except for public housing agencies participating in the
MTW demonstration, which are instead governed by the terms and
conditions of their MTW agreements: Provided further, That the
Secretary shall, to the extent necessary to stay within the amount
specified under this paragraph (except as otherwise modified under
this paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos, the
entire amount specified under this paragraph (except as otherwise
modified under this paragraph) shall be obligated to the public
housing agencies based on the allocation and pro rata method
described above, and the Secretary shall notify public housing
agencies of their annual budget by the latter of 60 days after
enactment of this Act or March 1, 2019: Provided further, That the
Secretary may extend the notification period with the prior written
approval of the House and Senate Committees on Appropriations:
Provided further, That public housing agencies participating in the
MTW demonstration shall be funded pursuant to their MTW agreements
and shall be subject to the same pro rata adjustments under the
previous provisos: Provided further, That the Secretary may offset
public housing agencies' calendar year 2019 allocations based on
the excess amounts of public housing agencies' net restricted
assets accounts, including HUD-held programmatic reserves (in
accordance with VMS data in calendar year 2018 that is verifiable
and complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW demonstration
shall also be subject to the offset, as determined by the
Secretary, excluding amounts subject to the single fund budget
authority provisions of their MTW agreements, from the agencies'
calendar year 2019 MTW funding allocation: Provided further, That
the Secretary shall use any offset referred to in the previous two
provisos throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further, That
up to $100,000,000 shall be available only: (1) for adjustments in
the allocations for public housing agencies, after application for
an adjustment by a public housing agency that experienced a
significant increase, as determined by the Secretary, in renewal
costs of vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for vouchers that
were not in use during the previous 12-month period in order to be
available to meet a commitment pursuant to section 8(o)(13) of the
Act; (3) for adjustments for costs associated with HUD-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers; and (4) for public
housing agencies that despite taking reasonable cost savings
measures, as determined by the Secretary, would otherwise be
required to terminate rental assistance for families as a result of
insufficient funding: Provided further, That the Secretary shall
allocate amounts under the previous proviso based on need, as
determined by the Secretary;
(2) $85,000,000 shall be for section 8 rental assistance for
relocation and replacement of housing units that are demolished or
disposed of pursuant to section 18 of the Act, conversion of
section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement or
prosecution agency, enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act, Choice
Neighborhood vouchers, mandatory and voluntary conversions, and
tenant protection assistance including replacement and relocation
assistance or for project-based assistance to prevent the
displacement of unassisted elderly tenants currently residing in
section 202 properties financed between 1959 and 1974 that are
refinanced pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act: Provided, That when a public
housing development is submitted for demolition or disposition
under section 18 of the Act, the Secretary may provide section 8
rental assistance when the units pose an imminent health and safety
risk to residents: Provided further, That the Secretary may only
provide replacement vouchers for units that were occupied within
the previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds: Provided
further, That of the amounts made available under this paragraph,
$5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to loan
prepayment; (B) the expiration of a rental assistance contract for
which the tenants are not eligible for enhanced voucher or tenant
protection assistance under existing law; or (C) the expiration of
affordability restrictions accompanying a mortgage or preservation
program administered by the Secretary: Provided further, That such
tenant protection assistance made available under the previous
proviso may be provided under the authority of section 8(t) or
section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)): Provided further, That the Secretary shall issue
guidance to implement the previous provisos, including, but not
limited to, requirements for defining eligible at-risk households
within 60 days of the enactment of this Act: Provided further,
That any tenant protection voucher made available from amounts
under this paragraph shall not be reissued by any public housing
agency, except the replacement vouchers as defined by the Secretary
by notice, when the initial family that received any such voucher
no longer receives such voucher, and the authority for any public
housing agency to issue any such voucher shall cease to exist:
Provided further, That the Secretary may provide section 8 rental
assistance from amounts made available under this paragraph for
units assisted under a project-based subsidy contract funded under
the ``Project-Based Rental Assistance'' heading under this title
where the owner has received a Notice of Default and the units pose
an imminent health and safety risk to residents: Provided further,
That to the extent that the Secretary determines that such units
are not feasible for continued rental assistance payments or
transfer of the subsidy contract associated with such units to
another project or projects and owner or owners, any remaining
amounts associated with such units under such contract shall be
recaptured and used to reimburse amounts used under this paragraph
for rental assistance under the preceding proviso;
(3) $1,886,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section 8
tenant-based rental assistance program, of which up to $30,000,000
shall be available to the Secretary to allocate to public housing
agencies that need additional funds to administer their section 8
programs, including fees associated with section 8 tenant
protection rental assistance, the administration of disaster
related vouchers, HUD-VASH vouchers, and other special purpose
incremental vouchers: Provided, That no less than $1,856,000,000
of the amount provided in this paragraph shall be allocated to
public housing agencies for the calendar year 2019 funding cycle
based on section 8(q) of the Act (and related Appropriation Act
provisions) as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998 (Public Law
105-276): Provided further, That if the amounts made available
under this paragraph are insufficient to pay the amounts determined
under the previous proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the previous proviso, utilize unobligated balances, including
recaptures and carryovers, remaining from funds appropriated to the
Department of Housing and Urban Development under this heading from
prior fiscal years, excluding special purpose vouchers,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all public housing agencies
participating in the MTW demonstration shall be funded pursuant to
their MTW agreements, and shall be subject to the same uniform
percentage decrease as under the previous proviso: Provided
further, That amounts provided under this paragraph shall be only
for activities related to the provision of tenant-based rental
assistance authorized under section 8, including related
development activities;
(4) $225,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and other
expenses of public housing agencies in administering the special
purpose vouchers in this paragraph shall be funded under the same
terms and be subject to the same pro rata reduction as the percent
decrease for administrative and other expenses to public housing
agencies under paragraph (3) of this heading: Provided further,
That any amounts provided under this paragraph in this Act or prior
Acts, remaining available after funding renewals and administrative
expenses under this paragraph, shall be available only for
incremental tenant-based rental assistance contracts under such
section 811 for non-elderly persons with disabilities, including
necessary administrative expenses: Provided further, That upon
turnover, section 811 special purpose vouchers funded under this
heading in this or prior Acts, or under any other heading in prior
Acts, shall be provided to non-elderly persons with disabilities;
(5) $4,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD-VASH to serve Native American
veterans that are homeless or at-risk of homelessness living on or
near a reservation or other Indian areas: Provided, That such
amount shall be made available for renewal grants to recipients
that received assistance under prior Acts under the Tribal HUD-VASH
program: Provided further, That the Secretary shall be authorized
to specify criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients: Provided
further, That such assistance shall be administered in accordance
with program requirements under the Native American Housing
Assistance and Self-Determination Act of 1996 and modeled after the
HUD-VASH program: Provided further, That the Secretary shall be
authorized to waive, or specify alternative requirements for any
provision of any statute or regulation that the Secretary
administers in connection with the use of funds made available
under this paragraph (except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective delivery
and administration of such assistance: Provided further, That
grant recipients shall report to the Secretary on utilization of
such rental assistance and other program data, as prescribed by the
Secretary: Provided further, That the Secretary may reallocate, as
determined by the Secretary, amounts returned or recaptured from
awards under prior acts;
(6) $40,000,000 for incremental rental voucher assistance for
use through a supported housing program administered in conjunction
with the Department of Veterans Affairs as authorized under section
8(o)(19) of the United States Housing Act of 1937: Provided, That
the Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 203 (competition
provision) of this title, to public housing agencies that partner
with eligible VA Medical Centers or other entities as designated by
the Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public housing
agency administrative performance, and other factors as specified
by the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for (in consultation
with the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with the
use of funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary
that any such waivers or alternative requirements are necessary for
the effective delivery and administration of such voucher
assistance: Provided further, That assistance made available under
this paragraph shall continue to remain available for homeless
veterans upon turn-over;
(7) $20,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue to
remain available for family unification upon turnover: Provided
further, That for any public housing agency administering voucher
assistance appropriated in a prior Act under the family unification
program that determines that it no longer has an identified need
for such assistance upon turnover, such agency shall notify the
Secretary, and the Secretary shall recapture such assistance from
the agency and reallocate it to any other public housing agency or
agencies based on need for voucher assistance in connection with
such program;
(8) $25,000,000 shall be made available for the mobility
demonstration authorized under section 235 of this title, of which
up to $5,000,000 shall be for new incremental voucher assistance
and the remainder of which shall be available to provide mobility-
related services to families with children, including pre- and
post-move counseling and rent deposits, and to offset the
administrative costs of operating the mobility demonstration:
Provided, That incremental voucher assistance made available under
this paragraph shall be for families with children participating in
the mobility demonstration and shall continue to remain available
for families with children upon turnover: Provided further, That
for any public housing agency administering voucher assistance
under the mobility demonstration that determines that it no longer
has an identified need for such assistance upon turnover, such
agency shall notify the Secretary, and the Secretary shall
recapture such assistance from the agency and reallocate it to any
other public housing agency or agencies based on need for voucher
assistance in connection with such demonstration; and
(9) the Secretary shall separately track all special purpose
vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2019 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) (the ``Act'') $2,775,000,000, to remain available until
September 30, 2022: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2019, the Secretary of Housing
and Urban Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for Public and
Indian Housing any authority under paragraph (2) of section 9(j)
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future: Provided further, That of the total amount made
available under this heading, up to $14,000,000 shall be to support
ongoing public housing financial and physical assessment activities:
Provided further, That of the total amount made available under this
heading, up to $1,000,000 shall be to support the costs of
administrative and judicial receiverships: Provided further, That of
the total amount provided under this heading, not to exceed $30,000,000
shall be available for the Secretary to make grants, notwithstanding
section 203 of this Act, to public housing agencies for emergency
capital needs including safety and security measures necessary to
address crime and drug-related activity as well as needs resulting from
unforeseen or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters under the
Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et
seq.) occurring in fiscal year 2019: Provided further, That of the
amount made available under the previous proviso, not less than
$10,000,000 shall be for safety and security measures: Provided
further, That in addition to the amount in the previous proviso for
such safety and security measures, any amounts that remain available,
after all applications received on or before September 30, 2020, for
emergency capital needs have been processed, shall be allocated to
public housing agencies for such safety and security measures:
Provided further, That of the total amount provided under this heading,
up to $35,000,000 shall be for supportive services, service
coordinators and congregate services as authorized by section 34 of the
Act (42 U.S.C. 1437z-6) and the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided
further, That of the total amount made available under this heading,
$15,000,000 shall be for a Jobs-Plus initiative modeled after the Jobs-
Plus demonstration: Provided further, That funding provided under the
previous proviso shall be available for competitive grants to
partnerships between public housing authorities, local workforce
investment boards established under section 107 of the Workforce
Innovation and Opportunity Act of 2014 (29 U.S.C. 3122), and other
agencies and organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided further,
That applicants must demonstrate the ability to provide services to
residents, partner with workforce investment boards, and leverage
service dollars: Provided further, That the Secretary may allow public
housing agencies to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States Housing Act of
1937 (42 U.S.C. 1437a and 1437d), as necessary to implement the Jobs-
Plus program, on such terms and conditions as the Secretary may approve
upon a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective implementation of the
Jobs-Plus initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the Federal
Register any waivers or alternative requirements pursuant to the
preceding proviso no later than 10 days before the effective date of
such notice: Provided further, That for funds provided under this
heading, the limitation in section 9(g)(1) of the Act shall be 25
percent: Provided further, That the Secretary may waive the limitation
in the previous proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act: Provided
further, That the Secretary shall notify public housing agencies
requesting waivers under the previous proviso if the request is
approved or denied within 14 days of submitting the request: Provided
further, That from the funds made available under this heading, the
Secretary shall provide bonus awards in fiscal year 2019 to public
housing agencies that are designated high performers: Provided
further, That the Department shall notify public housing agencies of
their formula allocation within 60 days of enactment of this Act:
Provided further, That of the total amount provided under this heading,
$25,000,000 shall be available for competitive grants to public housing
agencies to evaluate and reduce lead-based paint hazards in public
housing by carrying out the activities of risk assessments, abatement,
and interim controls (as those terms are defined in section 1004 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C.
4851b)): Provided further, That for purposes of environmental review,
a grant under the previous proviso shall be considered funds for
projects or activities under title I of the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 of such Act
(42 U.S.C. 1437x) and shall be subject to the regulations implementing
such section.
public housing operating fund
For 2019 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,653,116,000,
to remain available until September 30, 2020.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $150,000,000, to remain available until September 30, 2021:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall provide a match in State, local, other
Federal or private funds: Provided further, That grantees may include
local governments, tribal entities, public housing authorities, and
nonprofits: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public housing
agency under section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject to the
regulations issued by the Secretary to implement such section:
Provided further, That of the amount provided, not less than
$75,000,000 shall be awarded to public housing agencies: Provided
further, That such grantees shall create partnerships with other local
organizations including assisted housing owners, service agencies, and
resident organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor, Transportation,
Health and Human Services, Agriculture, and Commerce, the Attorney
General, and the Administrator of the Environmental Protection Agency
to coordinate and leverage other appropriate Federal resources:
Provided further, That no more than $5,000,000 of funds made available
under this heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community: Provided
further, That unobligated balances, including recaptures, remaining
from funds appropriated under the heading ``Revitalization of Severely
Distressed Public Housing (HOPE VI)'' in fiscal year 2011 and prior
fiscal years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were appropriated:
Provided further, That the Secretary shall issue the Notice of Funding
Availability for funds made available under this heading no later than
60 days after enactment of this Act: Provided further, That the
Secretary shall make grant awards no later than one year from the date
of enactment of this Act in such amounts that the Secretary determines:
Provided further, That notwithstanding section 24(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may,
until September 30, 2019, obligate any available unobligated balances
made available under this heading in this, or any prior Act.
family self-sufficiency
For the Family Self-Sufficiency program to support family self-
sufficiency coordinators under section 23 of the United States Housing
Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8(o) and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency, $80,000,000, to
remain available until September 30, 2020: Provided, That the
Secretary may, by Federal Register notice, waive or specify alternative
requirements under subsections b(3), b(4), b(5), or c(1) of section 23
of such Act in order to facilitate the operation of a unified self-
sufficiency program for individuals receiving assistance under
different provisions of the Act, as determined by the Secretary:
Provided further, That owners of a privately owned multifamily property
with a section 8 contract may voluntarily make a Family Self-
Sufficiency program available to the assisted tenants of such property
in accordance with procedures established by the Secretary: Provided
further, That such procedures established pursuant to the previous
proviso shall permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners to use funding
from residual receipt accounts to hire coordinators for their own
Family Self-Sufficiency program.
native american housing block grants
(including transfer of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$655,000,000, to remain available until September 30, 2023: Provided,
That, notwithstanding NAHASDA, to determine the amount of the
allocation under title I of such Act for each Indian tribe, the
Secretary shall apply the formula under section 302 of such Act with
the need component based on single-race census data and with the need
component based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the two
resulting allocation amounts: Provided further, That of the amounts
made available under this heading, $7,000,000 shall be for providing
training and technical assistance to Indian housing authorities and
tribally designated housing entities, to support the inspection of
Indian housing units, contract expertise, and for training and
technical assistance related to funding provided under this heading and
other headings under this Act for the needs of Native American families
and Indian country: Provided further, That of the funds made available
under the previous proviso, not less than $2,000,000 shall be made
available for a national organization as authorized under section 703
of NAHASDA (25 U.S.C. 4212): Provided further, That amounts made
available under the previous two provisos may be used, contracted, or
competed as determined by the Secretary: Provided further, That of the
amount provided under this heading, $2,000,000 shall be made available
for the cost of guaranteed notes and other obligations, as authorized
by title VI of NAHASDA: Provided further, That such costs, including
the costs of modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
the total principal amount of any notes and other obligations, any part
of which is to be guaranteed, not to exceed $17,761,989: Provided
further, That the Department will notify grantees of their formula
allocation within 60 days of the date of enactment of this Act:
Provided further, That for an additional amount for the Native American
Housing Block Grants program, as authorized under title I of NAHASDA,
$100,000,000 to remain available until September 30, 2023: Provided
further, That the Secretary shall obligate this additional amount for
competitive grants to eligible recipients authorized under NAHASDA that
apply for funds: Provided further, That in awarding this additional
amount, the Secretary shall consider need and administrative capacity,
and shall give priority to projects that will spur construction and
rehabilitation: Provided further, That up to 1 percent of this
additional amount may be transferred, in aggregate, to ``Program Office
Salaries and Expenses--Public and Indian Housing'' for necessary costs
of administering and overseeing the obligation and expenditure of this
additional amount: Provided further, That any funds transferred
pursuant to the previous proviso shall remain available until September
30, 2024.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $1,440,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, up to
$553,846,154, to remain available until expended: Provided further,
That up to $750,000 of this amount may be for administrative contract
expenses including management processes and systems to carry out the
loan guarantee program.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,000,000, to
remain available until September 30, 2023: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts provided under this heading in
investment securities and other obligations: Provided further, That
amounts made available under this heading in this and prior fiscal
years may be used to provide rental assistance to eligible Native
Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $393,000,000, to remain available until September 30,
2020, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2021: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(5)
of such Act from funds made available under this heading in fiscal year
2010 and prior fiscal years that meet all program requirements before
awarding funds for new contracts under such section: Provided further,
That the Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $3,365,000,000, to remain available until September 30,
2021, unless otherwise specified: Provided, That of the total amount
provided, $3,300,000,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (``the Act'' herein) (42 U.S.C.
5301 et seq.): Provided further, That unless explicitly provided for
under this heading, not to exceed 20 percent of any grant made with
funds appropriated under this heading shall be expended for planning
and management development and administration: Provided further, That
a metropolitan city, urban county, unit of general local government,
Indian tribe, or insular area that directly or indirectly receives
funds under this heading may not sell, trade, or otherwise transfer all
or any portion of such funds to another such entity in exchange for any
other funds, credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act: Provided
further, That notwithstanding section 105(e)(1) of the Act, no funds
provided under this heading may be provided to a for-profit entity for
an economic development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with guidelines
required under subsection (e)(2): Provided further, That the
Department shall notify grantees of their formula allocation within 60
days of enactment of this Act: Provided further, That of the total
amount provided under this heading, $65,000,000 shall be for grants to
Indian tribes notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section 203 of
this Act), up to $4,000,000 may be used for emergencies that constitute
imminent threats to health and safety.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2019, commitments to guarantee loans under section
108 of the Housing and Community Development Act of 1974 (42 U.S.C.
5308), any part of which is guaranteed, shall not exceed a total
principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,250,000,000, to remain available until September 30, 2022:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act shall not apply to allocations of such amount:
Provided further, That the Department shall notify grantees of their
formula allocation within 60 days of enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended, $54,000,000, to remain available
until September 30, 2021: Provided, That of the total amount provided
under this heading, $10,000,000 shall be made available to the Self-
Help Homeownership Opportunity Program as authorized under section 11
of the Housing Opportunity Program Extension Act of 1996, as amended:
Provided further, That of the total amount provided under this heading,
$35,000,000 shall be made available for the second, third, and fourth
capacity building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 shall be made available for rural capacity building
activities: Provided further, That of the total amount provided under
this heading, $5,000,000 shall be made available for capacity building
by national rural housing organizations with experience assessing
national rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits, local
governments, and Indian Tribes serving high need rural communities:
Provided further, That of the total amount provided under this heading,
$4,000,000, shall be made available for a program to rehabilitate and
modify the homes of disabled or low-income veterans, as authorized
under section 1079 of Public Law 113-291: Provided further, That funds
provided under the previous proviso shall be awarded within 180 days of
enactment of this Act: Provided further, That funds provided for such
program in fiscal years 2016, 2017, and 2018 shall be awarded within 60
days of enactment of this Act.
homeless assistance grants
For the Emergency Solutions Grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the Continuum of Care program as authorized under subtitle
C of title IV of such Act; and the Rural Housing Stability Assistance
program as authorized under subtitle D of title IV of such Act,
$2,636,000,000, to remain available until September 30, 2021:
Provided, That any rental assistance amounts that are recaptured under
such Continuum of Care program shall remain available until expended:
Provided further, That not less than $280,000,000 of the funds
appropriated under this heading shall be available for such Emergency
Solutions Grants program: Provided further, That not less than
$2,219,000,000 of the funds appropriated under this heading shall be
available for such Continuum of Care and Rural Housing Stability
Assistance programs: Provided further, That of the amounts made
available under this heading, up to $50,000,000 shall be made available
for grants for rapid re-housing projects and supportive service
projects providing coordinated entry, and for eligible activities the
Secretary determines to be critical in order to assist survivors of
domestic violence, dating violence, and stalking: Provided further,
That such projects shall be eligible for renewal under the continuum of
care program subject to the same terms and conditions as other renewal
applicants: Provided further, That up to $7,000,000 of the funds
appropriated under this heading shall be available for the national
homeless data analysis project: Provided further, That all funds
awarded for supportive services under the Continuum of Care program and
the Rural Housing Stability Assistance program shall be matched by not
less than 25 percent in cash or in kind by each grantee: Provided
further, That for all match requirements applicable to funds made
available under this heading for this fiscal year and prior fiscal
years, a grantee may use (or could have used) as a source of match
funds other funds administered by the Secretary and other Federal
agencies unless there is (or was) a specific statutory prohibition on
any such use of any such funds: Provided further, That the Secretary
shall collect system performance measures for each continuum of care,
and that relative to fiscal year 2015, under the Continuum of Care
competition with respect to funds made available under this heading,
the Secretary shall base an increasing share of the score on
performance criteria: Provided further, That none of the funds
provided under this heading shall be available to provide funding for
new projects, except for projects created through reallocation, unless
the Secretary determines that the continuum of care has demonstrated
that projects are evaluated and ranked based on the degree to which
they improve the continuum of care's system performance: Provided
further, That the Secretary shall prioritize funding under the
Continuum of Care program to continuums of care that have demonstrated
a capacity to reallocate funding from lower performing projects to
higher performing projects: Provided further, That all awards of
assistance under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health, social
services, and employment programs for which homeless populations may be
eligible: Provided further, That any unobligated amounts remaining
from funds appropriated under this heading in fiscal year 2012 and
prior years for project-based rental assistance for rehabilitation
projects with 10-year grant terms may be used for purposes under this
heading, notwithstanding the purposes for which such funds were
appropriated: Provided further, That all balances for Shelter Plus
Care renewals previously funded from the Shelter Plus Care Renewal
account and transferred to this account shall be available, if
recaptured, for Continuum of Care renewals in fiscal year 2019:
Provided further, That the Department shall notify grantees of their
formula allocation from amounts allocated (which may represent initial
or final amounts allocated) for the Emergency Solutions Grant program
within 60 days of enactment of this Act: Provided further, That up to
$80,000,000 of the funds appropriated under this heading shall be to
implement projects to demonstrate how a comprehensive approach to
serving homeless youth, age 24 and under, in up to 25 communities,
including at least eight communities with substantial rural
populations, can dramatically reduce youth homelessness: Provided
further, That of the amount made available under the previous proviso,
up to $5,000,000 shall be available to provide technical assistance on
youth homelessness, and collection, analysis, and reporting of data and
performance measures under the comprehensive approaches to serve
homeless youth, in addition to and in coordination with other technical
assistance funds provided under this title: Provided further, That
such projects shall be eligible for renewal under the continuum of care
program subject to the same terms and conditions as other renewal
applicants: Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to provide third
party documentation to establish their eligibility under 42 U.S.C.
11302(a) or (b) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by
youth-serving providers funded under this heading.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$11,347,000,000, to remain available until expended, shall be available
on October 1, 2018 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2018),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2019: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this paragraph: Provided further, That of the total
amounts provided under this heading, not to exceed $245,000,000 shall
be available for performance-based contract administrators for section
8 project-based assistance, for carrying out 42 U.S.C. 1437(f):
Provided further, That the Secretary may also use such amounts in the
previous proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured
under this heading, the heading ``Annual Contributions for Assisted
Housing'', or the heading ``Housing Certificate Fund'', may be used for
renewals of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the purposes
for which such amounts were appropriated: Provided further, That,
notwithstanding any other provision of law, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based Housing Assistance
Payments contract that authorizes HUD or a Housing Finance Agency to
require that surplus project funds be deposited in an interest-bearing
residual receipts account and that are in excess of an amount to be
determined by the Secretary, shall be remitted to the Department and
deposited in this account, to be available until expended: Provided
further, That amounts deposited pursuant to the previous proviso shall
be available in addition to the amount otherwise provided by this
heading for uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, for project rental assistance for
the elderly under section 202(c)(2) of such Act, including amendments
to contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 1-year term, for senior preservation rental
assistance contracts, including renewals, as authorized by section
811(e) of the American Housing and Economic Opportunity Act of 2000, as
amended, and for supportive services associated with the housing,
$678,000,000, to remain available until September 30, 2022: Provided,
That of the amount provided under this heading, up to $90,000,000 shall
be for service coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects: Provided
further, That amounts under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related activities
associated with section 202 projects: Provided further, That the
Secretary may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary, project funds
that are held in residual receipts accounts for any project subject to
a section 202 project rental assistance contract and, upon termination
of such contract, are in excess of an amount to be determined by the
Secretary shall be remitted to the Department and deposited in this
account, to remain available until September 30, 2022: Provided
further, That amounts deposited in this account pursuant to the
previous proviso shall be available, in addition to the amounts
otherwise provided by this heading, for amendments and renewals:
Provided further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or appropriated under
this heading shall be available for amendments and renewals in addition
to the purposes for which such funds originally were appropriated:
Provided further, That of the total amount provided under this heading,
$10,000,000, shall be for a program to be established by the Secretary
to make grants to experienced non-profit organizations, States, local
governments, or public housing agencies for safety and functional home
modification repairs to meet the needs of low-income elderly persons to
enable them to remain in their primary residence: Provided further,
That of the total amount made available under the previous proviso, no
less than $5,000,000 shall be available to meet such needs in
communities with substantial rural populations.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), as amended, for project rental assistance
for supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667), including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term, for
project rental assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of the
Cranston-Gonzalez National Housing Act, and for supportive services
associated with the housing for persons with disabilities as authorized
by section 811(b)(1) of such Act, $184,155,000, to remain available
until September 30, 2022, of which $30,155,000 shall be for capital
advance and project rental assistance awards: Provided, That amounts
made available under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 811 projects: Provided further, That, upon the
request of the Secretary, project funds that are held in residual
receipts accounts for any project subject to a section 811 project
rental assistance contract and, upon termination of such contract, are
in excess of an amount to be determined by the Secretary shall be
remitted to the Department and deposited in this account, to remain
available until September 30, 2022: Provided further, That amounts
deposited in this account pursuant to the previous proviso shall be
available in addition to the amounts otherwise provided by this heading
for amendments and renewals: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be used for
amendments and renewals in addition to the purposes for which such
funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $50,000,000, to remain available until September
30, 2020, including up to $4,500,000 for administrative contract
services: Provided, That grants made available from amounts provided
under this heading shall be awarded within 180 days of enactment of
this Act: Provided further, That funds shall be used for providing
counseling and advice to tenants and homeowners, both current and
prospective, with respect to property maintenance, financial management
or literacy, and such other matters as may be appropriate to assist
them in improving their housing conditions, meeting their financial
needs, and fulfilling the responsibilities of tenancy or homeownership;
for program administration; and for housing counselor training:
Provided further, That for purposes of providing such grants from
amounts provided under this heading, the Secretary may enter into
multiyear agreements, as appropriate, subject to the availability of
annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided,
noninsured rental housing projects, $5,000,000, to remain available
until expended: Provided, That such amount, together with unobligated
balances from recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover, remaining
from funds appropriated under this heading after fiscal year 2005,
shall also be available for extensions of up to one year for expiring
contracts under such sections of law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $12,000,000, to remain available until expended, of
which $12,000,000 is to be derived from the Manufactured Housing Fees
Trust Fund: Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2019 so as to result
in a final fiscal year 2019 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2019
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary of Housing and Urban Development
may assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the Fund, and
the Secretary, as provided herein, may use such collections, as well as
fees collected under section 620, for necessary expenses of such Act:
Provided further, That, notwithstanding the requirements of section 620
of such Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2020: Provided, That during
fiscal year 2019, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $1,000,000: Provided further, That the foregoing
amount in the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $130,000,000,
to remain available until September 30, 2020: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2019, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000: Provided further, That notwithstanding the
limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2019 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the extent that
the net credit subsidy cost for such insurance does not exceed zero:
Provided further, That for fiscal year 2019, the Secretary shall not
take any action against a lender solely on the basis of compare ratios
that have been adversely affected by defaults on mortgages secured by
properties in areas where a major disaster was declared in 2017 or 2018
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $30,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2020: Provided,
That during fiscal year 2019, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $1,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $550,000,000,000, to remain available until
September 30, 2020: Provided, That $27,000,000, to remain available
until September 30, 2020, shall be for necessary salaries and expenses
of the Office of Government National Mortgage Association: Provided
further, That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2019, an additional $100 for
necessary salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments (including a
pro rata amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000: Provided
further, That receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as amended, shall be
credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $96,000,000, to remain available
until September 30, 2020: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this
title, the Secretary may enter into cooperative agreements funded with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, or colleges or universities for
research projects: Provided further, That with respect to the previous
proviso, such partners to the cooperative agreements must contribute at
least a 50 percent match toward the cost of the project: Provided
further, That for non-competitive agreements entered into in accordance
with the previous two provisos, the Secretary of Housing and Urban
Development shall comply with section 2(b) of the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-282, 31
U.S.C. note) in lieu of compliance with section 102(a)(4)(C) with
respect to documentation of award decisions: Provided further, That
prior to obligation of technical assistance funding, the Secretary
shall submit a plan, for approval, to the House and Senate Committees
on Appropriations on how it will allocate funding for this activity:
Provided further, That none of the funds provided under this heading
may be available for the doctoral dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$65,300,000, to remain available until September 30, 2020: Provided,
That notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to develop on-line courses and provide such
training: Provided further, That no funds made available under this
heading shall be used to lobby the executive or legislative branches of
the Federal Government in connection with a specific contract, grant,
or loan: Provided further, That of the funds made available under this
heading, $300,000 shall be available to the Secretary of Housing and
Urban Development for the creation and promotion of translated
materials and other programs that support the assistance of persons
with limited English proficiency in utilizing the services provided by
the Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$279,000,000, to remain available until September 30, 2020, of which
$45,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970,
which shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, or the Lead Technical Studies program
under this heading or under prior appropriations Acts for such purposes
under this heading, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That not
less than $95,000,000 of the amounts made available under this heading
for the award of grants pursuant to section 1011 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 shall be provided to
areas with the highest lead-based paint abatement needs: Provided
further, That $64,000,000 of the funds appropriated under this heading
shall be for the implementation of projects to demonstrate how
intensive, extended multi-year interventions can dramatically reduce
the presence of lead-based paint hazards in communities containing high
concentrations of both pre-1940 housing and low-income families by
achieving economies of scale that substantially reduce the cost of
lead-based paint remediation activities and administrative costs for
grantees: Provided further, That such projects in each of seven
communities shall be for five years and serve no more than four
contiguous census tracts in which there are high concentrations of
housing stock built before 1940, in which low-income families with
children make up a significantly higher proportion of the population as
compared to the State average, and that are located in jurisdictions in
which instances of elevated blood lead levels reported to the State are
significantly higher than the State average: Provided further, That
funding awarded for such projects shall be made available for draw down
contingent upon the grantee meeting cost-savings, productivity, and
grant compliance benchmarks established by the Secretary: Provided
further, That each recipient of funds for such projects shall
contribute an amount not less than 10 percent of the total award, and
that the Secretary shall give priority to applicants that secure
commitments for additional contributions from public and private
sources: Provided further, That grantees currently receiving grants
made under this heading shall be eligible to apply for such projects,
provided that they are deemed to be in compliance with program
requirements established by the Secretary: Provided further, That each
applicant shall certify adequate capacity that is acceptable to the
Secretary to carry out the proposed use of funds pursuant to a notice
of funding availability: Provided further, That amounts made available
under this heading in this or prior appropriations Acts, still
remaining available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if
a program competition is undersubscribed and there are other program
competitions under this heading that are oversubscribed.
Information Technology Fund
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and program-
specific information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific
information systems, and for program-related maintenance activities,
$280,000,000, of which $260,000,000 shall remain available until
September 30, 2020, and of which $20,000,000 shall remain available
until September 30, 2021: Provided, That any amounts transferred to
this Fund under this Act shall remain available until expended:
Provided further, That any amounts transferred to this Fund from
amounts appropriated by previously enacted appropriations Acts may be
used for the purposes specified under this Fund, in addition to any
other information technology purposes for which such amounts were
appropriated: Provided further, That not more than 10 percent of the
funds made available under this heading for development, modernization
and enhancement may be obligated until the Secretary submits to the
House and Senate Committees on Appropriations, for approval, a plan for
expenditure that--(A) identifies for each modernization project: (i)
the functional and performance capabilities to be delivered and the
mission benefits to be realized, (ii) the estimated life-cycle cost,
and (iii) key milestones to be met; and (B) demonstrates that each
modernization project is: (i) compliant with the Department's
enterprise architecture, (ii) being managed in accordance with
applicable life-cycle management policies and guidance, (iii) subject
to the Department's capital planning and investment control
requirements, and (iv) supported by an adequately staffed project
office.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$128,082,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2019 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2019 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 207. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 208. The President's formal budget request for fiscal year
2020, as well as the Department of Housing and Urban Development's
congressional budget justifications to be submitted to the Committees
on Appropriations of the House of Representatives and the Senate, shall
use the identical account and sub-account structure provided under this
Act.
Sec. 209. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 210. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2019 and
2020, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring
project shall be no less than when transferred to the receiving
project or projects and the net dollar amount of Federal
assistance provided to the transferring project shall remain
the same in the receiving project or projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall
notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all appropriate
local governmental officials.
(5) The tenants of the transferring project who remain eligible
for assistance to be provided by the receiving project or projects
shall not be required to vacate their units in the transferring
project or projects until new units in the receiving project are
available for occupancy.
(6) The Secretary determines that this transfer is in the best
interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any FHA-
insured mortgage lien transferred to, or placed on, such project by
the Secretary, except that the Secretary may waive this requirement
upon determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or rehabilitation
of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving project
or projects shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project
where, in either case, any use restrictions in such agreement are
of no lesser duration than the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as amended) of
any FHA-insured mortgage, except to the extent that appropriations
are provided in advance for the amount of any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall have
the meanings provided by the statute and/or regulations governing
the program under which the project is insured or assisted;
(2) the term ``multifamily housing project'' means housing that
meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market debt
restructuring under the Multifamily Assisted Housing Reform and
Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the Cranston-
Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable Housing
Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately before
October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of the
project-based assistance, debt, and statutorily required low-income
and very low-income use restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the project-
based assistance, debt, and the statutorily required low-income and
very low-income use restrictions to the receiving project or
projects; and
(6) the term ``Secretary'' means the Secretary of Housing and
Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 211. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such
section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older and
is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents who,
individually or jointly, are not eligible, to receive assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, except for a
person over the age of 23 with dependent children.
Sec. 212. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title II of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 213. Notwithstanding any other provision of law, in fiscal
year 2019, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the Secretary
shall maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are attached
to any dwelling units in the property. To the extent the Secretary
determines, in consultation with the tenants and the local government,
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section
524 of the Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described under this section,
the contract and allowable rent levels on such properties shall be
subject to the requirements under section 524 of MAHRAA.
Sec. 214. The commitment authority funded by fees as provided
under the heading ``Community Development Loan Guarantees Program
Account'' may be used to guarantee, or make commitments to guarantee,
notes, or other obligations issued by any State on behalf of non-
entitlement communities in the State in accordance with the
requirements of section 108 of the Housing and Community Development
Act of 1974: Provided, That any State receiving such a guarantee or
commitment shall distribute all funds subject to such guarantee to the
units of general local government in non-entitlement areas that
received the commitment.
Sec. 215. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary of Housing and Urban
Development in connection with the operating fund rule: Provided, That
an agency seeking a discontinuance of a reduction of subsidy under the
operating fund formula shall not be exempt from asset management
requirements.
Sec. 216. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
Provided, That a public housing agency may not use capital funds
authorized under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
Sec. 217. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD appropriation under the accounts
``Executive Offices'' and ``Administrative Support Offices,'' as well
as each account receiving appropriations under the general heading
``Program Office Salaries and Expenses'', ``Government National
Mortgage Association--Guarantees of Mortgage-Backed Securities Loan
Guarantee Program Account'', and ``Office of Inspector General'' within
the Department of Housing and Urban Development.
Sec. 218. The Secretary of the Department of Housing and Urban
Development shall, for fiscal year 2019, notify the public through the
Federal Register and other means, as determined appropriate, of the
issuance of a notice of the availability of assistance or notice of
funding availability (NOFA) for any program or discretionary fund
administered by the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year 2019, the
Secretary may make the NOFA available only on the Internet at the
appropriate Government web site or through other electronic media, as
determined by the Secretary.
Sec. 219. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as
a separate line item request. No funds provided in this title may be
used to pay any such litigation costs for attorney fees until the
Department submits for review a spending plan for such costs to the
House and Senate Committees on Appropriations.
Sec. 220. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the heading ``Administrative Support Offices'' or for any account
under the general heading ``Program Office Salaries and Expenses'' to
any other such office or account: Provided, That no appropriation for
any such office or account shall be increased or decreased by more than
10 percent or $5,000,000, whichever is less, without prior written
approval of the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide notification to such
Committees three business days in advance of any such transfers under
this section up to 10 percent or $5,000,000, whichever is less.
Sec. 221. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary of Housing and Urban Development (in this section
referred to as the ``Secretary''), and comply with any standards under
applicable State or local laws, rules, ordinances, or regulations
relating to the physical condition of any property covered under a
housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a section 8 contract or contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3 days
that all Exigent Health and Safety deficiencies identified by the
inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units
assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under section 9
of the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC inspection, the
Secretary must provide the owner with a Notice of Default with a
specified timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary must also provide a copy of the Notice of
Default to the tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a UPCS score
of 60 or above, the Secretary may withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management with a
management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
applicable properties, as designated by the Secretary, with
priority given to the tenants of the property affected by the
penalty;
(C) abate the section 8 contract, including partial abatement,
as determined by the Secretary, until all deficiencies have been
corrected;
(D) pursue transfer of the project to an owner, approved by the
Secretary under established procedures, which will be obligated to
promptly make all required repairs and to accept renewal of the
assistance contract as long as such renewal is offered;
(E) transfer the existing section 8 contract to another project
or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial order
of specific performance requiring the owner to cure all project
deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to effectuate;
or
(I) take any other regulatory or contractual remedies available
as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property and
all available Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may contract for project-based
rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance.
(e) The Secretary shall report quarterly on all properties covered
by this section that are assessed through the Real Estate Assessment
Center and have UPCS physical inspection scores of less than 60 or have
received an unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered under a
housing assistance payment contract.
This report shall be due to the Senate and House Committees on
Appropriations no later than 30 days after the enactment of this Act,
and on the first business day of each Federal fiscal year quarter
thereafter while this section remains in effect.
Sec. 222. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2019.
Sec. 223. None of the funds in this Act provided to the Department
of Housing and Urban Development may be used to make a grant award
unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State, locality, housing authority, tribe, nonprofit organization, or
other entity selected to receive a grant award is announced by the
Department or its offices.
Sec. 224. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 225. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Administration, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 226. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 227. Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research in the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and which are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 228. None of the funds provided in this Act or any other act
may be used for awards, including performance, special act, or spot,
for any employee of the Department of Housing and Urban Development
subject to administrative discipline (including suspension from work),
in this or the prior fiscal year, but this prohibition shall not be
effective prior to the effective date of any such administrative
discipline or after any final decision over-turning such discipline.
Sec. 229. Funds made available in this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76, section 524 of division G of
Public Law 113-235, section 525 of division H of Public Law 114-113,
and such authorities as are enacted for Performance Partnership Pilots
in an appropriations Act for fiscal year 2019: Provided, That such
participation shall be limited to no more than 10 continuums of care
and housing activities to improve outcomes for disconnected youth.
Sec. 230. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015, 2016, 2017, 2018
and 2019 for the continuum of care (CoC) program as authorized under
subtitle C of title IV of the McKinney-Vento Homeless Assistance Act,
costs paid by program income of grant recipients may count toward
meeting the recipient's matching requirements, provided the costs are
eligible CoC costs that supplement the recipient's CoC program.
Sec. 231. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one Continuum of Care program
component to another.
(b) No more than 50 percent of each transition grant may be used
for costs of eligible activities of the program component originally
funded.
(c) Transition grants made under this section are eligible for
renewal in subsequent fiscal years for the eligible activities of the
new program component.
(d) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the Continuum of Care and
meet standards determined by the Secretary.
Sec. 232. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 233. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply with
respect to the right of a jurisdiction to draw funds from its HOME
Investment Trust Fund that otherwise expired or would expire in 2016,
2017, 2018, 2019, 2020, or 2021 under that section. Section 231(b) of
such Act (42 U.S.C. 12771(b)) shall not apply to any uninvested funds
that otherwise were deducted or would be deducted from the line of
credit in the participating jurisdiction's HOME Investment Trust Fund
in 2018, 2019, 2020, or 2021 under that section.
Sec. 234. Amounts made available in title II of division K of the
Consolidated Appropriations Resolution, 2003 (Public Law 108-7) under
the heading ``Indian Housing Loan Guarantee Fund Program Account'' for
necessary expenses of the Land Title Report Commission are rescinded.
Sec. 235. (a) Authority.--The Secretary of Housing and Urban
Development (in this section referred to as the ``Secretary'') may
carry out a mobility demonstration program to enable public housing
agencies to administer housing choice voucher assistance under section
8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) in a
manner designed to encourage families receiving such voucher assistance
to move to lower-poverty areas and expand access to opportunity areas.
(b) Selection of PHAs.--
(1) Requirements.--The Secretary shall establish requirements
for public housing agencies to participate in the demonstration
program under this section, which shall provide that the following
public housing agencies may participate:
(A) Public housing agencies that together--
(i) serve areas with high concentrations of holders of
rental assistance vouchers under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)) in poor,
low-opportunity neighborhoods; and
(ii) have an adequate number of moderately priced
rental units in higher-opportunity areas.
(B) Planned consortia or partial consortia of public
housing agencies that--
(i) include at least one agency with a high-performing
Family Self-Sufficiency (FSS) program; and
(ii) will enable participating families to continue in
such program if they relocate to the jurisdiction served by
any other agency of the consortium.
(C) Planned consortia or partial consortia of public
housing agencies that--
(i) serve jurisdictions within a single region;
(ii) include one or more small agencies; and
(iii) will consolidate mobility focused operations.
(D) Such other public housing agencies as the Secretary
considers appropriate.
(2) Selection criteria.--The Secretary shall establish
competitive selection criteria for public housing agencies eligible
under paragraph (1) to participate in the demonstration program
under this section.
(3) Random selection of families.--The Secretary may require
participating agencies to use a randomized selection process to
select among the families eligible to receive mobility assistance
under the demonstration program.
(c) Regional Housing Mobility Plan.--The Secretary shall require
each public housing agency applying to participate in the demonstration
program under this section to submit a Regional Housing Mobility Plan
(in this section referred to as a ``Plan''), which shall--
(1) identify the public housing agencies that will participate
under the Plan and the number of vouchers each participating agency
will make available out of their existing programs in connection
with the demonstration;
(2) identify any community-based organizations, nonprofit
organizations, businesses, and other entities that will participate
under the Plan and describe the commitments for such participation
made by each such entity;
(3) identify any waivers or alternative requirements under
subparagraph (e) requested for the execution of the Plan;
(4) identify any specific actions that the public housing
agencies and other entities will undertake to accomplish the goals
of the demonstration, which shall include a comprehensive approach
to enable a successful transition to opportunity areas and may
include counseling and continued support for families;
(5) specify the criteria that the public housing agencies would
use to identify opportunity areas under the plan;
(6) provide for establishment of priority and preferences for
participating families, including a preference for families with
young children, as such term is defined by the Secretary, based on
regional housing needs and priorities; and
(7) comply with any other requirements established by the
Secretary.
(d) Funding for Mobility-Related Services.--
(1) Use of administrative fees.--Public housing agencies
participating in the demonstration program under this section may
use administrative fees under section 8(q) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(q)), their administrative fee
reserves, and funding from private entities to provide mobility-
related services in connection with the demonstration program,
including services such as counseling, portability coordination,
landlord outreach, security deposits, and administrative activities
associated with establishing and operating regional mobility
programs.
(2) Use of housing assistance funds.--Public housing agencies
participating in the demonstration under this section may use
housing assistance payments funds under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)) for security
deposits if necessary to enable families to lease units with
vouchers in designated opportunity areas.
(e) Waivers; Alternative Requirements.--
(1) Waivers.--To allow for public housing agencies to implement
and administer their Regional Housing Mobility Plans, the Secretary
may waive or specify alternative requirements for the following
provisions of the United States Housing Act of 1937:
(A) Sections 8(o)(7)(A) and 8(o)(13)(E)(i) (relating to the
term of a lease and mobility requirements).
(B) Section 8(o)(13)(C)(i) (relating to the public housing
plan for an agency).
(C) Section 8(r)(2) (relating to the responsibility of a
public housing agency to administer ported assistance).
(2) Alternative requirements for consortia.--The Secretary
shall provide alternative administrative requirements for public
housing agencies in a selected region to--
(A) form a consortium that has a single housing choice
voucher funding contract; or
(B) enter into a partial consortium to operate all or
portions of the Regional Housing Mobility Plan, which may
include agencies participating in the Moving To Work
Demonstration program.
(3) Effective date.--Any waiver or alternative requirements
pursuant to this subsection shall not take effect before the
expiration of the 10-day period beginning upon publication of
notice of such waiver or alternative requirement in the Federal
Register.
(f) Implementation.--The Secretary may implement the demonstration,
including its terms, procedures, requirements, and conditions, by
notice.
(g) Evaluation.--Not later than five years after implementation of
the regional housing mobility programs under the demonstration program
under this section, the Secretary shall submit to the Congress and
publish in the Federal Register a report evaluating the effectiveness
of the strategies pursued under the demonstration, subject to the
availability of funding to conduct the evaluation. Through official
websites and other methods, the Secretary shall disseminate interim
findings as they become available, and shall, if promising strategies
are identified, notify the Congress of the amount of funds that would
be required to expand the testing of these strategies in additional
types of public housing agencies and housing markets.
(h) Termination.--The demonstration program under this section
shall terminate on October 1, 2028.
Sec. 236. Section 221 of the Department of Housing and Urban
Development Appropriations Act, 2015 (42 U.S.C. 1437f-1; Public Law
113-235; 128 Stat 2754) is repealed.
Sec. 237. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary of Housing and Urban Development in prior fiscal
years, shall remain in effect in accordance with the terms and
conditions of such agreements.
Sec. 238. None of the funds made available by this Act may be used
to establish and apply review criteria, including rating factors or
preference points, for participation in or coordination with EnVision
Centers, in the evaluation, selection, and award of any funds made
available and requiring competitive selection under this Act, except
with respect to any such funds otherwise authorized for EnVision Center
purposes under this Act.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2019''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $8,400,000:
Provided, That, notwithstanding any other provision of law, there may
be credited to this appropriation funds received for publications and
training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5
U.S.C. 5901-5902, $27,490,000: Provided, That not to exceed $2,000
shall be available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $23,274,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the President's
budget request for fiscal year 2020, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget request
for fiscal year 2020 in similar format and substance to those submitted
by executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$110,400,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $150,000,000, of
which $5,000,000 shall be for a multi-family rental housing program:
Provided, That an additional $2,000,000, to remain available until
September 30, 2023, shall be for the promotion and development of
shared equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2019, to
result in a final appropriation from the general fund estimated at no
more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,600,000: Provided, That the first proviso in Public Law 115-141
under the heading ``United States Interagency Council on Homelessness--
Operating Expenses'' is amended by striking ``2020'' and inserting
``2028''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2019, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress;
(4) proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted to
the Committees on Appropriations or the table accompanying the
joint explanatory statement accompanying this Act, whichever is
more detailed, unless prior approval is received from the House and
Senate Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of Representatives to
establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year: Provided
further, That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
table accompanying the explanatory statement accompanying this
Act, accompanying reports of the House and Senate Committee on
Appropriations, or in the budget appendix for the respective
appropriations, whichever is more detailed, and shall apply to
all items for which a dollar amount is specified and to all
programs for which new budget (obligational) authority is
provided, as well as to discretionary grants and discretionary
grant allocations; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2019 from appropriations made available for salaries
and expenses for fiscal year 2019 in this Act, shall remain available
through September 30, 2020, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 414. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 416. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and
Urban Development, or any other Federal agency to lease or purchase new
light duty vehicles for any executive fleet, or for an agency's fleet
inventory, except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 417. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 418. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector
General and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents, and
other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and
the Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 419. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the FAR.
Sec. 420. For an additional amount for the ``Railroad
Rehabilitation and Improvement Financing Program'' account for the cost
of modifications, as defined by section 502 of the Federal Credit
Reform Act of 1990, of direct loans issued pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, and included in cohort 1, as
defined by the Department of Transportation's memorandum to the Office
of Management and Budget dated November 5, 2018, $17,000,000, to remain
available until expended: Provided, That, for a direct loan included
in cohort 1, as defined in the memorandum described in the previous
proviso, that has satisfied all obligations attached to such loan, the
Secretary shall repay the credit risk premiums of such loan, with
interest accrued thereon, not later than 60 days after the enactment of
this Act or, for a direct loan included in cohort 1 with obligations
that have not yet been satisfied, not later than 60 days after the date
on which all obligations attached to such loan have been satisfied.
Sec. 421. Section 127(l) of title 23, United States Code, is
amended by adding at the end the following:
``(3) Additional highway segments.--
``(A) In general.--If any segment of highway described in
clause (i) or (ii) of this subparagraph is designated as a
route of the Interstate System, a vehicle that could operate
legally on that segment before the date of such designation may
continue to operate on that segment, without regard to any
requirement under subsection (a), except that such vehicle
shall not exceed a gross vehicle weight of 120,000 pounds. The
highway segments referred to in this paragraph are as follows:
``(i) The William H. Natcher Parkway (to be designated
as a spur of Interstate Route 65) from Interstate Route 65
in Bowling Green, Kentucky, to United States Route 60 in
Owensboro, Kentucky.
``(ii) The Julian M. Carroll (Purchase) Parkway (to be
designated as Interstate Route 69) in Kentucky from the
Tennessee state line to the interchange with Interstate
Route 24, near Calvert City.
``(B) Nondivisible load or vehicle.--Nothing in this
paragraph shall prohibit the State from issuing a permit for a
nondivisible load or vehicle with a gross vehicle weight that
exceeds 120,000 pounds.''.
Sec. 422. Section 127(s) of title 23, United States Code, is
amended--
(1) by striking the subsection heading and inserting the
following: ``(s) Natural Gas and Electric Battery Vehicles'';
(2) by inserting ``or powered primarily by means of electric
battery power'' after the first time ``natural gas'' appears;
(3) by striking ``any vehicle weight limit'' and inserting
``the weight limit on the power unit by up to 2,000 pounds''; and
(4) by striking all that follows after ``under this section''
and inserting a period after ``section''.
Sec. 423. Section 31112(c) of title 49, United States Code, is
amended--
(1) in the subsection heading by striking ``and Kansas'' and
inserting ``Kansas, and Oregon'';
(2) in paragraph (4) by striking ``and'' at the end;
(3) in paragraph (5) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) Oregon may allow the operation of a truck tractor and 2
property-carrying units not in actual lawful operation on a regular
or periodic basis on June 1, 1991, if--
``(A) the length of the property-carrying units does not
exceed 82 feet 8 inches;
``(B) the combination is used only to transport sugar
beets; and
``(C) the operation occurs on United States Route 20,
United States Route 26, United States Route 30, or Oregon Route
201 in the vicinity, or between any, of--
``(i) Vale, Oregon;
``(ii) Ontario, Oregon; or
``(iii) Nyssa, Oregon.''.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2019''.
DIVISION H--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS
TITLE I
IMMIGRATION EXTENSIONS
Sec. 101. Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be
applied by substituting ``September 30, 2019'' for ``September 30,
2015''.
Sec. 102. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and
(III)) shall be applied by substituting ``September 30, 2019'' for
``September 30, 2015''.
Sec. 103. Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied
by substituting ``September 30, 2019'' for ``September 30, 2015''.
Sec. 104. Section 610(b) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note) shall be applied by substituting ``September 30,
2019'' for ``September 30, 2015''.
Sec. 105. Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2019 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above
such limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker program in
any fiscal year in which returning workers were exempt from such
numerical limitation.
TITLE II
TECHNICAL CORRECTIONS
Sec. 201. (a) Section 3(20)(B) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302(20)(B)), as amended by
section 7 of the Strengthening Career and Technical Education for the
21st Century Act (Public Law 115-224), is amended by inserting ``,
except that, for the purpose of section 132, the term `recognized
postsecondary credential' as used in this subparagraph shall not
include a baccalaureate degree'' after ``associate degree''.
(b) The amendment made by subsection (a) shall take effect on July
1, 2019, as if included in the Strengthening Career and Technical
Education for the 21st Century Act (Public Law 115-224).
Sec. 202. Section 243 of title II of division C of Public Law 115-
244 is amended by inserting ``248'' after ``section''.
Sec. 203. Section 177 of division C of Public Law 114-223, as
amended by Public Law 114-254, is amended by inserting ``and the 116th
Congress'' after ``the 115th Congress'' in each instance it appears.
Sec. 204. (a) During fiscal year 2019 and each succeeding fiscal
year, amounts appropriated or otherwise made available for the
Architect of the Capitol under the heading ``House Office Buildings''
may be transferred to the House of Representatives and merged with and
made available under the heading ``Allowances and Expenses'', subject
to the approval of the Committee on Appropriations of the House of
Representatives.
(b) The period of availability of any amounts transferred to the
House of Representatives under this section shall be the same period of
availability applicable to such amounts as appropriated for the
Architect of the Capitol.
(c) The aggregate amount transferred under this section in any
fiscal year may not exceed $30,000,000.
Sec. 205. (a) Section 1781 of the Export Control Reform Act of 2018
(50 U.S.C. 4851) is amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (d), respectively;
(2) in subsection (b), as so redesignated, in the subsection
heading, by striking ``In General'' and inserting ``Reference'';
and
(3) by inserting before subsection (b), as so redesignated, the
following:
``(a) Under Secretary of Commerce for Industry and Security.--The
President shall appoint, by and with the advice and consent of the
Senate, an Under Secretary of Commerce for Industry and Security, who
shall carry out--
``(1) all functions of the Secretary under this subtitle; and
``(2) all functions delegated to the Under Secretary of
Commerce for Export Administration on the day before the date of
the enactment of this Act.''.
(b) Part III of the Export Control Reform Act of 2018 (50 U.S.C.
4851) is amended by adding at the end the following:
``SEC. 1782. ASSISTANT SECRETARIES OF COMMERCE.
``(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate, two Assistant Secretaries of Commerce
to assist the Under Secretary of Commerce for Industry and Security in
carrying out the functions described in paragraphs (1) and (2) of
section 1781(a).
``(b) Continuation in Office of One Assistant Secretary.--An
individual appointed as an Assistant Secretary of Commerce under
section 15(a) of the Export Administration Act of 1979 (as continued in
effect pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.)) and serving in that position on the day before
the date of the enactment of this Act may serve in one of the Assistant
Secretary positions established under subsection (a) on and after that
date without the need for renomination or reappointment.''.
(c) The table of contents for title XVII of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) is amended by inserting after the item relating to section
1781 the following:
``Sec. 1782. Assistant Secretaries of Commerce.''.
(d) The amendments made by this section shall take effect as if
included in the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232).
TITLE III
BUDGETARY EFFECTS
Sec. 301. (a) Statutory PAYGO Scorecards.--The budgetary effects of
this division shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard maintained for
purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division
shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.