Congressional Record, Volume 164 Issue 120 (Tuesday, July 17, 2018)

[Congressional Record Volume 164, Number 120 (Tuesday, July 17, 2018)]
[House]
[Pages H6344-H6461]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019

General Leave

Mr. FRELINGHUYSEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the consideration of H.R.
6147, and that I may include tabular material on the same.
The SPEAKER pro tempore (Mr. Norman). Is there objection to the
request of the gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 996 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 6147.
The Chair appoints the gentlewoman from Wyoming (Ms. Cheney) to
preside over the Committee of the Whole.

[[Page H6345]]

{time} 1858

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 6147) making appropriations for the Department of the Interior,
environment, and related agencies for the fiscal year ending September
30, 2019, and for other purposes, with Ms. Cheney in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time. General debate shall be confined to the bill and shall not
exceed 1 hour equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations.
The gentleman from New Jersey (Mr. Frelinghuysen) and the gentlewoman
from New York (Mrs. Lowey) each will control 30 minutes.
The Chair recognizes the gentleman from New Jersey.

{time} 1900

Mr. FRELINGHUYSEN. Madam Chair, I yield myself such time as I may
consume.
Madam Chair, I rise today in support of H.R. 6147, the fiscal year
2019 Interior, Environment, and Financial Services and General
Government appropriations bills. This package continues the House's
important work on our annual government funding legislation. With the
passage of this bill, the House will be halfway done with our fiscal
year 2019 bills through the floor.
I want to thank, and I am sure Ranking Member Lowey thanks both
Chairman Calvert and his ranking member, and Chairman Graves and his
ranking member for their work with their colleagues.
These bills fund vital programs across the Federal Government,
including those that make Americans safer, protect our Nation's
resources, and create jobs. In addition to providing this necessary
funding, the bills ensure that the Federal Government is working
efficiently and in the best interest of the American taxpayers. This
includes streamlining Federal agencies, reforming financial policies,
and reducing burdensome regulatory red tape.
Both bills reflect American priorities. I would like to highlight
just a few of these. The Interior and Environment appropriations bill,
authored by Representative Calvert of California, provides $35.3
billion for the EPA, the U.S. Forest Service, and the Department of the
Interior and other programs that promote our natural heritage.
Within this total, the bill prioritizes funding to fight in
preventing devastating wildfires, fully funding the 10-year average for
suppression costs. The bill also targets critical resources to major
infrastructure that will improve the lives of Americans, boosting
funding to ensure communities have access to safe drinking water, and
accelerates the cleanup of Superfund sites. This is especially
important as we have more than 1,300 national priority sites awaiting
urgent attention to address hazardous materials threatening the health
of Americans across the country. I appreciate Chairman Calvert's
efforts in this area.
The Interior bill continues funding for other programs that manage
our national resources and cultural heritage, like the National Park
Service, the National Endowment for the Arts and Humanities, the
Chemical Safety Board, and the Smithsonian Institution.
Beyond these important investments, the bill rightsizes regulatory
programs to ensure that the government is working to support American
families and their communities.
This also includes addressing EPA's regulatory agenda and supporting
the administration's proposal to reshape its workforce. This will
enable the agency to focus on its core duties, while reducing
unnecessary spending.
The second bill in this package also works to reduce waste across
government. The Financial Services appropriations bill, authored by
Representative Graves of Georgia, totals $23.4 billion which, like the
Interior bill, is equal to fiscal year 2018 levels.
This bill prioritizes effective programs that improve our national
security and expands economic opportunity while finding efficiencies,
governmentwide, and while stopping harmful overregulation.
This bill also supports America's small businesses by providing loans
and resources that will help us grow and thrive. It also provides
stability for our financial system, and protects consumers, and
investors.
This bill also improves accountability of the American taxpayer by
directing the Internal Revenue Service funding towards customer service
and stopping the misuse of funding within the agency.
Another priority is law enforcement. This bill also provides funding
to fight the opioid abuse epidemic, protects our financial institutions
from cyber crime, and supports our Federal courts.
I would like to commend all the committee members on the
Appropriations Committee who led the drafting of these bills,
particularly Chairman Graves and his Ranking Member, Mike Quigley, and
Interior Chairman Ken Calvert and his Ranking Member, Betty McCollum,
along with their subcommittee members and their professional staff that
did a remarkable job.
I am pleased that the House is taking the next step forward on our
appropriations bill this evening.
I reserve the balance of my time.

[[Page H6346]]

[GRAPHIC] [TIFF OMITTED] TH170718.001

[[Page H6347]]

[GRAPHIC] [TIFF OMITTED] TH170718.002

[[Page H6348]]

[GRAPHIC] [TIFF OMITTED] TH170718.003

[[Page H6349]]

[GRAPHIC] [TIFF OMITTED] TH170718.004

[[Page H6350]]

[GRAPHIC] [TIFF OMITTED] TH170718.005

[[Page H6351]]

[GRAPHIC] [TIFF OMITTED] TH170718.006

[[Page H6352]]

[GRAPHIC] [TIFF OMITTED] TH170718.007

[[Page H6353]]

[GRAPHIC] [TIFF OMITTED] TH170718.008

[[Page H6354]]

[GRAPHIC] [TIFF OMITTED] TH170718.009

[[Page H6355]]

[GRAPHIC] [TIFF OMITTED] TH170718.010

[[Page H6356]]

[GRAPHIC] [TIFF OMITTED] TH170718.011

[[Page H6357]]

[GRAPHIC] [TIFF OMITTED] TH170718.012

[[Page H6358]]

[GRAPHIC] [TIFF OMITTED] TH170718.013

[[Page H6359]]

[GRAPHIC] [TIFF OMITTED] TH170718.014

[[Page H6360]]

[GRAPHIC] [TIFF OMITTED] TH170718.015

[[Page H6361]]

[GRAPHIC] [TIFF OMITTED] TH170718.016

[[Page H6362]]

[GRAPHIC] [TIFF OMITTED] TH170718.017

[[Page H6363]]

[GRAPHIC] [TIFF OMITTED] TH170718.018

[[Page H6364]]

[GRAPHIC] [TIFF OMITTED] TH170718.019

[[Page H6365]]

[GRAPHIC] [TIFF OMITTED] TH170718.020

[[Page H6366]]

[GRAPHIC] [TIFF OMITTED] TH170718.021

[[Page H6367]]

[GRAPHIC] [TIFF OMITTED] TH170718.022

[[Page H6368]]

[GRAPHIC] [TIFF OMITTED] TH170718.023

[[Page H6369]]

[GRAPHIC] [TIFF OMITTED] TH170718.024

[[Page H6370]]

[GRAPHIC] [TIFF OMITTED] TH170718.025

[[Page H6371]]

[GRAPHIC] [TIFF OMITTED] TH170718.026

[[Page H6372]]

[GRAPHIC] [TIFF OMITTED] TH170718.027

[[Page H6373]]

[GRAPHIC] [TIFF OMITTED] TH170718.028

[[Page H6374]]

[GRAPHIC] [TIFF OMITTED] TH170718.029

[[Page H6375]]

[GRAPHIC] [TIFF OMITTED] TH170718.030

[[Page H6376]]

[GRAPHIC] [TIFF OMITTED] TH170718.031

[[Page H6377]]

[GRAPHIC] [TIFF OMITTED] TH170718.032

[[Page H6378]]

[GRAPHIC] [TIFF OMITTED] TH170718.033

[[Page H6379]]

Mrs. LOWEY. Madam Chairman, I yield myself such time as I may
consume.
I rise in strong opposition to the Interior, Environment, and
Financial Services, and General Government minibus, that fails the
American people by slashing environmental protection, rolling back
consumer protections, and even cutting basic election security funding.
With bills this bad, it is no wonder Republicans have abandoned all
pretense of regular order, grouped two unrelated appropriations bills
together, and blocked numerous Democratic amendments.
These bills are the product of Republicans' misguided priorities.
Instead of using the $18 billion increase in nondefense discretionary
spending to create jobs and grow our economy, Republicans have chosen
to waste those resources on an unnecessary border wall and cruel
attacks on immigrant families.
We must do better. As much as it pains me to say, we should be
following the Senate and producing bipartisan bills instead of wasting
time on playing political games and taking show votes to appease the
right wing of the Republican Conference.
Turning to the substance of the bills before us, it is absolutely
outrageous that they would: Cut the Environmental Protection Agency by
$100 million; slash clean water infrastructure grants by $300 million;
sink $585 million into a black hole that is dressed up with a fancy
name, the Fund for America's Kids and Grandkids, which is a ploy to not
spend the entire financial services allocation; reduce investments in
underserved communities through the Community Development Financial
Institutions program by $34 million; and provide inadequate funding for
small business loan programs and for investments that curb the opioid
crisis.
However, the bill's worst cut is the zeroing out of election security
grants.
On Friday, Special Counsel Robert Mueller indicted 12 Russian
intelligence officers for their interference in the 2016 presidential
election. The indictment describes, in great detail, the efforts Russia
took to break into State election databases.
We have all heard the public warnings of our intelligence community
that Russia will attempt to attack our democracy again. Yet, instead of
helping States protect and fortify their election infrastructure from
cyber hacking, this bill would eliminate election security grants
entirely.
Additionally, numerous harmful policy riders strike at the heart of
laws and rules that protect the air we breathe and the water we drink,
threaten the survival of endangered species, attack a woman's right to
choose, undermine democracy in the District of Columbia, and repeal
important Dodd-Frank consumer protections.
These bills represent a divisive, partisan approach that threatens to
leave American communities more polluted and American families more
vulnerable to financial predators. We must do better.
I urge my colleagues to vote ``no,'' and I reserve the balance of my
time.
Mr. FRELINGHUYSEN. Madam Chair, I yield 5 minutes to the gentleman
from California (Mr. Calvert), the chairman of the Interior,
Environment, and Related Agencies Subcommittee on Appropriations.
Mr. CALVERT. Madam Chairman, it is my distinct honor to bring to the
House floor the fiscal year 2019 Interior, Environment, and Related
Agencies Appropriations bill.
Before I go into details about the bill, I would like to commend
Chairman Frelinghuysen for his leadership and support throughout this
process.
As reported by the Appropriations Committee, the fiscal year 2019
Interior and Environment bill is funded at $35.252 billion, which is
equal to the FY18 enacted level. We have made sincere efforts to
prioritize critical needs within our subcommittee allocation and in
reviewing more than 5,200 individual requests.
In the interest of time, I won't outline all the problems or programs
and activities funded in this bill. I would like to point out a few
highlights.
The bill provides robust wildland fire funding totaling $3.9 billion.
It fully funds the 10-year average for wildland fire suppression costs
and provides an additional $500 million in suppression funds for the
Forest Service. The committee has also provided a $30 million increase
over fiscal year 2018 for hazardous fuel reduction.
The bill provides $500 million in fiscal year 2019 for the Payments
in Lieu of Taxes, PILT program, which is a top priority for many
Members on both sides of the aisle.
The bill also makes critical investments in Indian Country, a top
priority of this committee. This legislation honors our commitment to
Native Americans with a particular emphasis on Indian health, law
enforcement, education, and water settlements.
The bill fully funds contract support costs and Tribal grant school
support costs; provides funding to staff newly constructed health
facilities; improves public safety; significantly increases economic
development; invests an additional $16 million in fiscal year 2019 to
address needs of schools throughout the BIE system; and invests an
additional $82 million to correct funding disparities across the Indian
Healthcare System.
Overall, funding to EPA has been reduced by $100 million from fiscal
year 2018, with reductions aimed at research and regulatory programs.
Members from the Midwest will be pleased to know that the Great Lakes
Restoration Initiative is maintained at the fiscal year 2018 enacted
level of $300 million.
The bill continues to invest in water infrastructure and cleaning up
contaminated land. These programs help create jobs and spur economic
development in communities all across the Nation. The bill provides
funds to leverage over $10 billion worth of investment in water
infrastructure through the funding in the WIFIA program and the Clean
Water and Drinking Water State Revolving Loan Funds.
The bill also provides $3.2 billion for the National Park Service. It
maintains, and builds upon, critical investments made in the fiscal
year 2018 enacted bill to address longstanding park operations and
deferred maintenance needs.

We have also attempted to address a number of concerns within the
Fish and Wildlife Service accounts. The bill restores popular grant
programs through fiscal year 2018 enacted levels. It also restores
funds to combat international wildlife trafficking; protects fish
hatcheries from cuts and closures; and continues funding to fight
invasive mussels and Asian carp; and reduces the backlog of species
that are recovered but not yet de-listed. We have also increased funds
for the Recovery Challenge program, which we started in 2018 to
challenge non-Federal partners to a more active role in recovering
endangered species.
The bill also provides $360 million for Land and Water Conservation
programs with bipartisan support.
Lastly, this bill makes significant investments toward critical
deferred maintenance, construction, and infrastructure needs within the
Department of the Interior, Forest Service, Indian Health Service,
Smithsonian, as well as critical air and water infrastructure programs
within the EPA.
In closing, I would like to thank staff on both sides of the aisle
who have worked long hours on this legislation. On the minority side, I
would like to thank Rita Culp, Jocelyn Hunn, and Rebecca Taylor.
On the majority side, I would like to thank Darren Benjamin, Betsy
Bina, Jackie Kilroy, Kristin Richmond, Mac Cloyes, and Dave LesStrang
from the committee staff, as well as Ian Foley, Rebecca Keightley,
Tricia Evans and Dave Kennett from my personal staff.
To say the least, this has been a team effort.

{time} 1915

Lastly, I would like to thank my good friend and ranking member,
Betty McCollum, for working with me to address a number of critical
needs throughout the bill.
The CHAIR. The time of the gentleman has expired.
Mr. FRELINGHUYSEN. Madam Chair, I yield an additional 15 seconds to
the gentleman from California.
Mr. CALVERT. Madam Chair, while we may disagree on some issues, we
are never disagreeable and we continue to work well together.
Madam Chair, it is a good bill. I urge its adoption.

[[Page H6380]]

Mrs. LOWEY. Madam Chair, I yield 5 minutes to the gentlewoman from
Minnesota (Ms. McCollum), the ranking member of the Interior,
Environment, and Related Agencies Subcommittee.
(Ms. McCOLLUM asked and was given permission to revise and extend her
remarks.)
Ms. McCOLLUM. Madam Chair, I would like to thank Ranking Member Lowey
as well as the full committee chair for their work, but I would like to
give a special thanks to Chairman Calvert and his staff, whom he
mentioned by name, and of course my wonderful staff, including my
personal staff, for working together using a collaborative approach to
help us move forward.
The subcommittee has a challenging portfolio of issues, and I commend
the chairman's efforts to maintain many of the fiscal year 2018
investments, such as addressing the backlog of deferred maintenance on
Federal lands and investing in Indian Country. I want to express how
sincerely proud I am of this subcommittee's nonpartisan approach to
addressing the issues facing our Native American brothers and sisters.
I am pleased that the bill recommends an increase of $410 million
over the fiscal year 2018 enacted level for programs critical to Indian
Country.
The health, education, and safety of our Tribal communities is a
Federal responsibility that our subcommittee takes very seriously, and
that is the one bright spot in this bill; but, unfortunately, other
important priorities for the American public did not fare as well.
Even though the fiscal year 2019 Interior, Environment, and Related
Agencies Subcommittee allocation is equal to the fiscal year 2018
enacted level, the majority is proposing a $100 million cut from the
Environmental Protection Agency, which is just untenable.
The cuts in this bill would target air and water quality programs,
reduce Federal funding to enforce the law against polluters, and, if
enacted, they will undermine the EPA's ability to keep our families and
communities healthy and to protect our environment for future
generations.
We are at a defining moment in history. The Interior bill has an
opportunity to make a global difference in the quality of life for
generations to come, but, sadly, this bill is a mirror of the Trump
administration's actions and disregard for the environment.
We cannot afford to ignore the overwhelming scientific evidence the
planet is warming, sea levels are rising, and glaciers are melting. We
must do more, not less, to pursue policies and programs that will put
us on the right path to conserve and protect our natural resources and
the planet we call home.
The bill before us also reduces funding for the Land and Water
Conservation Fund by $65 million from the fiscal year 2018 enacted
level. This program has strong bipartisan support. It conserves natural
areas and provides recreational opportunities in all 50 States.
The American people expect us to be good stewards of our public lands
and wildlife, but this bill falls short on that commitment.
In addition to the irresponsible cuts to the EPA, I must express my
concern and my disappointment to the 18 partisan riders in this bill
that pander to special interests at the expense of the public good.
These riders undermine clean water and clean air safeguards, jeopardize
protection and recovery for vulnerable species, and even intercede in
California water issues outside of the jurisdiction of the
subcommittee.
The Senate has committed to work in a bipartisan manner to keep
controversial policy riders out of their appropriations bills. I agree
with that strategy and believe these policy issues should receive a
full and transparent debate in the authorizing committees of
jurisdiction. Congress must stop holding the government hostage over
these ideological policy riders.
And, finally, it is impossible to talk about the bill that funds the
Environmental Protection Agency without addressing the ethical problems
that have plagued this administration and were embodied by the former
EPA Administrator Scott Pruitt. There is ample evidence that the former
Administrator was misusing Federal dollars for lavish expenses and
prioritizing the interest of corporations over protecting America's
families. Mr. Pruitt may be gone from the Agency, but Congress should
be doing considerable oversight to ensure that a culture of
transparency and accountability is restored at the EPA.
We should also be doing our best to ensure that every agency we fund
is not abusing taxpayers' dollars. So I am deeply disappointed that my
Republican colleagues voted down multiple amendments in our committee
markup that would have held up our responsibility for oversight and
adequately funded ongoing investigations. They also denied several more
Democratic oversight amendments a chance to come to this floor for
debate today.
Madam Chair, this bill fails the American people. It cuts
environmental protections. It removes safeguards for our air and water
and endangered species and allows rampant corruption in the executive
branch to go unchecked. I know we can do better than this, and it is my
hope we will do better after conference.
The CHAIR. The time of the gentlewoman has expired.
Mrs. LOWEY. Madam Chair, I yield an additional 15 seconds to the
gentlewoman from Minnesota.
Ms. McCOLLUM. Madam Chair, I thank Mrs. Lowey for yielding.
So despite my current opposition, I intend to continue to work with
the chairman through this year's appropriations process to produce a
responsible bill that I know we can have both parties support in the
end.

Mr. FRELINGHUYSEN. Madam Chair, I yield 5 minutes to the gentleman
from Georgia (Mr. Graves), the chairman of the Financial Services
Subcommittee on Appropriations.
Mr. GRAVES of Georgia. Madam Chair, I rise tonight to fight for
America's kids and grandkids. That is what we are here to do.
This fiscal year 2019 Financial Services and General Government
Appropriations bill, as I will explain in a moment, reflects the public
outcry over deficit spending and addresses those concerns on behalf of
America's kids and grandkids.
Madam Chair, before I dive into those details, I want to thank
Ranking Member Quigley for his hard work and dedication to our work
together as we have shepherded this committee through the process in
this bill.
I want to mention a few of the bill's highlights.
This bill is a product of a very Member-driven process. We brought
appropriators and authorizers together. We consulted other committees.
We fostered personal Member-to-Member conversations to make sure that
priorities in this bill were vetted and supported across jurisdictions.
We held several public hearings and reviewed over 2,100 unique Member
requests as we put this bill together.
As the bill passed out of this Appropriations Committee, it passed
with bipartisan support. What more can you do on behalf of America's
kids and grandkids?
As in past years, we aimed to provide the oversight and allocate
taxpayer dollars with the greatest of care.
This bill includes resources to implement the Tax Cuts and Jobs Act,
which cuts taxes for families and businesses all across our country,
spurring economic growth. The funding in our bill will help implement
the law very quickly so American families can use the system without
disruption whatsoever.
In addition, this bill prioritizes law enforcement, homeland
security, and cybersecurity. For example, it provides record funding
for the High Intensity Drug Trafficking Areas and Drug-Free Communities
programs.
It updates the legacy IT systems that are governmentwide--we have all
seen it and we have heard about it--through the Technology
Modernization Fund.
Similar to our landmark approach last year, this bill also includes
major financial reforms. It cuts regulations, streamlines agency
processes. In fact, this bill includes more than 20 pieces of
legislation that have passed through this body with bipartisan support,
in most cases with more than 270 votes.
Now, importantly, one of these reforms brings transparency and
oversight to an agency we have all talked about, and that is to the
Consumer Financial Protection Bureau, by bringing it under the
authority of Congress and under the authority of the Appropriations
Committee.

[[Page H6381]]

Now, with these kinds of reforms, this bill has earned a lot of
support across our country. From the U.S. Chamber of Commerce, the
Investment Company Institute, the American Bankers Association,
Independent Community Bankers of America, National Association of
Federally-Insured Credit Unions, and Credit Union National Association,
in addition to the National Taxpayers Union and Citizens for
Responsible Budgeting, this bill is bringing together a lot of
different interests all across our country.
In closing, Madam Chair, I would like to highlight, really, what the
heart of this bill is, the major feature of this bill.
If your district is anything like mine, you know the American people
are frustrated. They are frustrated with Congress, and they are
frustrated with this out-of-control spending. They see our annual
deficits fuel our dangerous national debt. So it is time to try
something different, and that is what we have done, because if we
don't, we will stay stuck in this fiscal death spiral that we are in.
Now, after a lot of thought and effort, we came up with a very
creative way to protect funding from being spent. The appropriations
process does not make saving money easy, not at all. We all know that
if a subcommittee such as mine doesn't spend everything, another
subcommittee will come in and scoop it up and spend it somewhere else.
This is just the way legislating is in Washington.
So we came up with something different, and we created a new fund in
this bill called the Fund for America's Kids and Grandkids, which
safeguards funds for America's future generations. In fact, it is like
a savings account.
We put $585 million from this bill as an initial deposit into the
savings account, and this money is protected. It cannot be spent until
Treasury indicates that we have balanced our budget or we have a
surplus.
Now, this deposit is only 2.5 percent. It is 2.5 percent of what we
were allocated. That is 2\1/2\ pennies of every dollar that we spend.
But this is a great step forward, and it is on behalf of America's kids
and grandkids.
This approach causes us to think about what deficit spending truly
means and in whose name we are borrowing the money and who ultimately
is going to get stuck with this debt.
Establishing the Fund for America's Kids and Grandkids means we are
appropriating with a new spirit here in Washington, D.C., and that is
just because you can spend it doesn't mean you have to.
Mrs. LOWEY. Madam Chair, I yield 5 minutes to the gentleman from
Illinois (Mr. Quigley), the ranking member of the Financial Services
Subcommittee.
Mr. QUIGLEY. Madam Chair, I thank the gentlewoman for yielding.
Madam Chair, I first want to thank Chairman Graves, whom I had the
privilege of working with for a second year in managing this bill. Our
discussions have been both passionate and productive, and I thank him
for always allowing for vigorous debate throughout the process.
And, of course, I would again like to thank the staff on both sides
for their work behind the scenes that went into preparing this bill for
floor consideration. In particular, I would like to recognize and thank
committee staff on the minority side, Lisa, Chris, Angela, Martha, as
well as Doug from my personal office.

But with that said, I continue to strongly oppose the bill before us
today.
Given its flat allocation of $23.4 billion, this bill does not
adequately meet the growing needs of our small businesses, taxpayers,
and middle class consumers and investors.
To be fair, I do want to acknowledge how pleased I was to see
increased funding for the Office of Terrorism and Financial
Intelligence, Federal Defender Services, and the Small Business
Administration, three very different priorities, each critical in its
own right; but this does not negate the cuts suffered by some of our
most important agencies tasked with missions ranging from policing Wall
Street to supporting investment in our most underserved communities.
After losing over a billion dollars in funding and 18,000 staff
between 2010 and 2017, my friends in the majority have reversed course
and have begun providing the IRS with additional funds to implement
their new law, yet taxpayer service is cut by $15 million. GSA's
funding for new construction is cut by over $400 million, and funds for
major and basic repairs and alterations come in at $194 million below
the requested amount.
The SEC, which is tasked with protecting investors and ensuring
fairness in our capital markets, is cut by over $200 million, even
though the Commission's budget is financed by industry fees.
The CDFI Fund, after receiving increased funding of $250 million in
fiscal year 2018, was inexplicably cut by $59 million in the original
draft. With an additional $25 million for CDFI approved in committee,
it is still not enough. Failing to fully fund the program means fewer
resources to spur economic growth and revitalization in our most
underserved communities.
In addition to these cuts, the bill contains a long list of partisan
riders, both old and new, blocking the IRS from enforcing the Johnson
amendment and restricting the SEC from requiring companies to disclose
political contributions. It would interfere in the local affairs of
D.C. in an infinite number of ways, which simply must stop.

{time} 1930

Let's talk about the business at hand. I was heartened to see
Republicans speak out against the President's performance in Helsinki.
The reaction to the President not understanding the full breadth and
width of the Russian attack on our democratic process was
extraordinary. The Russians attacked us. They will be back. Most
likely, they probably never left. But those tweets are one thing. You
have to put your dollars and your votes where your tweets are.
After providing the States with $380 million in grants to help
fortify and protect election systems from cyber hacking, this bill
zeroes out that fund for 2019. I have made this argument time and
again, but it is worth repeating that the $380 million that has been
allocated is a step in the right direction, but it is only a down
payment. For a majority of the 13 States that still use voting machines
with no paper trail, at most, the funds they receive only cover half
the replacement costs. Forty States use old equipment, which cannot
handle modern anti-cyber hacking software.
The entity that manages these grants, EAC, has announced that every
State has requested funding, showing overwhelming demand for these
resources. That is why I offered an amendment in the committee markup
to restore funding for the program. Unfortunately, it failed in a
party-line vote.
Let me emphasize, again: We must do more to protect our democratic
process from those who wish us harm, not just for the upcoming
midterms, but for 2020 and beyond.
Most States maxed out the amount of money they could request from
this program. Obviously, many other States, I suspect, would be a
little more enthusiastic if the President didn't tell them this was a
witch hunt or a hoax.
So there is much more we can do toward that end. Let's remind
ourselves of the last time we had an election debacle of this
magnitude: Bush-Gore. This government spent $3.4 billion. Why? Because
we treasure the democratic process. We want every vote to count, and we
certainly don't want a foreign adversary to be able to detract from
that.
The CHAIR. The time of the gentleman has expired.
Mrs. LOWEY. Madam Chair, I yield an additional 15 seconds to the
gentleman from Illinois.
Mr. QUIGLEY. Madam Chair, I just ask my colleagues, let us join
together. There was never a more important time to treasure our
democracy and fund the programs that protect them.
Mr. FRELINGHUYSEN. Madam Chair, I am pleased to yield 3 minutes to
the gentleman from West Virginia (Mr. Jenkins), a member of the
committee.
Mr. JENKINS of West Virginia. Madam Chair, I thank the chairman for
yielding me the time.
I rise in full support of H.R. 6147 and commend Chairman Calvert on
this much-needed legislation.
Back in 1977, Congress established the Abandoned Mine Lands program
to

[[Page H6382]]

use coal production revenues to fund critical reclamation efforts. Roll
forward about 30 or 40 years, and I want to highlight one important
part of the funding bill that is before us that will truly make a
difference in many hard-hit coal States, including my home State of
West Virginia.
A new AML pilot program is in this legislation. Back in 2016, and
thanks to the leadership of Chairman Hal Rogers and Chairman Calvert,
we worked on establishing this AML pilot program to use some of these
funds to help create job opportunities for displaced workers and help
diversify the economy.
In the last 2 years, the AML pilot program has brought $80 million to
West Virginia, bolstering our economy and creating new jobs. These
funds are being put to good use and play a proactive role in
diversifying our State's economy, and many other States'.
AML pilot funds, for example, are being used to support the Hatfield-
McCoy Trail System, more than 700 miles of world-class ATV trails just
in West Virginia. I recently took part in a ride along on one of the
trails to see firsthand the economic benefits they have brought to West
Virginia. The trails being developed using AML pilot funds will attract
thousands of new visitors, bolstering job creation in Appalachia and
unleashing our tourism potential.
These funds are also being used to expand municipal water services,
which is critical for businesses and agricultural developments, as well
as public health. The Coalfield Development Corporation, for example,
is using AML pilot funds to build an aquaponics farm to grow
sustainable commercial quantities of fish and vegetables.
Simply stated, our towns and counties and States need resources to
provide for the future, and this bill does it. It helps us diversify
the economies. It helps attract employers and create much-needed jobs,
putting West Virginians and Americans back to work.
Madam Chair, I urge my colleagues to support this legislation.
Mrs. LOWEY. Madam Chair, I am pleased to yield 2 minutes to the
gentlewoman from Ohio (Ms. Kaptur), the distinguished ranking member of
the Energy and Water Development, and Related Agencies Subcommittee.
Ms. KAPTUR. Madam Chairwoman, I thank Ranking Member Lowey for
yielding me this time.
Unfortunately, I must rise in strong opposition to this bill and its
litany of hollow choices and some dangerous choices.
First, on election security, a day after President Trump told the
whole world he believes Russian President Putin over our intelligence
community, while claiming Russia didn't hack our 2016 election, this
Republican bill provides zero election security grants to help our
States prepare against likely cyber interference.
Congress, as the first branch of government, must live up to our
constitutional obligation. Just months away from our 2018 elections,
President Trump essentially green-lit Putin's ongoing attacks.
Does this body wish to be complicit as we head toward 2018 and 2020?
This bill surely suggests so.
Further, this bill attacks clean water access by repealing the waters
of the United States rule without any public input regarding a
replacement. It puts America's waters and the health and well-being of
the American people at even greater risk, and it is a disservice to our
constituents.

I strongly oppose the rider that would block the Environmental
Protection Agency from addressing waste from animal feeding operations
under the Solid Waste Disposal Act. In my watershed, which drains the
tristate, binational region of North America into the western end of
Lake Erie, the equivalent of 42,500 boxcar loads of animal manure are
locally generated every year. That is trainloads of feces over 400
miles long every year seeping into the tributaries to the lake system
every year.
Additionally, the majority is far too eager to authorize massive
corporate giveaways in this appropriations bill.
The CHAIR. The time of the gentlewoman has expired.
Mrs. LOWEY. Madam Chair, I yield an additional 15 seconds to the
gentlewoman from Ohio.
Ms. KAPTUR. Madam Chairwoman, their so-called CHOICE Act guts
essential safeguards that require banks to plan and prevent the kind of
financial catastrophe we saw in 2008. The only people who haven't been
brought to justice are the scoundrels on Wall Street who created the
mess.
I hope our colleagues will join me in opposing this bill. And let me
thank Chairmen Frelinghuysen, Graves, and Calvert, as well as Ranking
Members Lowey, McCollum, and Quigley for their efforts on this bill. I
know how hard it is to bring an appropriations bill to the floor, and I
am sorry I cannot support this one.
Mr. FRELINGHUYSEN. Madam Chairwoman, I yield 2 minutes to the
gentleman from California (Mr. Calvert), the chairman of the Interior,
Environment, and Related Agencies Subcommittee, for the purpose of a
colloquy.
Mr. CALVERT. Madam Chairwoman, at this time, I yield to the gentleman
from New Jersey (Mr. Lance) for the purpose of a colloquy.
Mr. LANCE. Madam Chair, I thank Chairman Calvert for his leadership
on this legislation and for recognizing the critically important work
of cleaning up Federal Superfund sites across the United States.
The remedial program for cleanups will see a $40 million increase in
this package, bringing the Superfund total to $1.17 billion. This
funding is well spent. One cleanup project in the congressional
district I serve, the American Cyanamid Superfund site in Bridgewater,
New Jersey, is a worthy project, indeed.
The American Cyanamid site has been a hazard for too long, and the
project was placed on the Superfund list in 1983. It is time to have
the 44,000 tons of hazardous waste on this site safely and permanently
destroyed.
This is why we have a Superfund program and why the work of the
Energy and Commerce Committee and the Appropriations Committee is so
important. Federal officials and resources with the know-how and
expertise have tackled these problems in other parts of the country and
now need to focus on Bridgewater and other worthy projects across the
Nation.
This is a good project. I rise to call attention to its great merits
and to thank Chairman Frelinghuysen, Chairman Calvert, the committee,
and the EPA for their involvement and support thus far.
Mr. CALVERT. Madam Chair, I thank the gentleman. I want to thank my
colleague from New Jersey for expressing support for the Superfund
program.
The Superfund program continues to be a priority of this committee.
In the fiscal year 2018 omnibus, we provided a $66 million increase to
the program to accelerate cleanup of Superfund sites and respond to the
release of hazardous materials.
I look forward to working together through the 2019 process to ensure
that the Superfund program receives necessary funding to clean up and
revitalize our Nation's toxic sites, like the American Cyanamid site,
so that they are returned to productive use.
Mrs. LOWEY. Madam Chairwoman, I am pleased to yield 3 minutes to the
gentlewoman from Maine (Ms. Pingree), a member of the Appropriations
Committee.
Ms. PINGREE. Madam Chair, I thank Ranking Member Lowey for yielding
me the time.
Madam Chair, I rise today as a member of the subcommittee in
reluctant opposition to the bill before us. I want to thank the ranking
member and the chairman for their hard work on this bill. I know that,
in a truly bipartisan fashion, there has been an effort to address many
issues that are important to me and to other Members.
For example, I appreciate that the committee has come together to
fund a National Endowment for the Arts and the National Endowment for
the Humanities at strong levels that will help support our local
economies and protect important cultural institutions.
But the truth of the matter is that we will be voting on numerous
amendments tonight that will add poison pill riders to the bill. They
will gut our environmental protections and act as a straightforward
assault on our country's air, water, and Federal lands.
The fact that so many of these harmful amendments were made in order
by the Rules Committee is a telling statement of misplaced priorities.
But even

[[Page H6383]]

more telling are the amendments that were not made in order. None of
the amendments to protect our oceans was made in order. Not one of the
10 amendments offered to prevent the devastation of our oceans due to
oil and gas drilling off our coasts was made in order.
We had Members from both sides of the aisle offering these
amendments. We had Members from all across the country offering these
amendments, and not one was allowed for full House debate, neither was
an amendment I offered to push the administration on distributing
appropriated funding that it has sat on without reason.
This administration created guidance for the Department of the
Interior in December of last year, which added another layer of
bureaucracy and review for already-approved projects. How ironic that a
Republican administration would actually be purposefully adding
bureaucracy that they so often rail against.
This has led to an unconscionable delay in getting funds out to the
communities in Texas, Florida, the Virgin Islands, and Puerto Rico that
have been impacted by natural disasters, as well as other projects not
related to hurricane relief.

As we enter our second month of the current hurricane season, our
American citizens have yet to see the full relief that they are owed
and that this Congress has provided for them. That is because of this
administration's unnecessary delays.
Again, I know the work that has gone into the creation of this bill
with funding levels from many programs that are vital in my home State
of Maine. In Maine, we have a strong appreciation for the U.S. Fish and
Wildlife Service and the United States Geological Survey. We love
estuaries, wildlife refuges, and National parks, like the beloved
Acadia National Park in Maine and our new Katahdin Woods and Waters
National Monument. This funding is critical, and I am proud to be on
the subcommittee that funds all of these national treasures and vital
programs.
But because my colleagues on the other side of the aisle will spend
the next few hours attempting to gut the Clean Air Act, eliminate the
EPA methane rule, restrict the Endangered Species Act, zero out funds
for diesel emissions reduction, and ban even the discussion of the cost
of carbon in our Nation, I will not be able to support this bill. I
urge my colleagues to join me in opposition.

{time} 1945

Mr. FRELINGHUYSEN. Madam Chair, I yield 3 minutes to the gentleman
from California (Mr. Calvert), who is the chairman of the Interior,
Environment, and Related Agencies Subcommittee, for the purpose of a
colloquy.
Mr. CALVERT. Madam Chair, I thank the chairman.
Madam Chair, I yield to the gentleman from California (Mr. Ruiz).
Mr. RUIZ. Madam Chair, I want to thank Chairman Calvert along with
our friend and neighbor, Congressman Cook, on this issue which is,
quite frankly, a matter of survival for two communities in my district.
I submitted an amendment to this Appropriations bill to ensure the
city of Banning and the community of Banning Heights can continue to
receive water from a conveyance flume that they have relied on for over
100 years. The water from the flume provides 100 percent of the water
for the community of Banning Heights and approximately 30 percent of
the water for the city of Banning.
This isn't a small matter for these communities. In fact, I
understand that during times when Banning Heights hadn't received water
from the flume, the city of Banning has had to use temporary means to
deliver an emergency supply of water to them.
This shouldn't even be an issue. The two communities have an
undisputed water right and a historic right-of-way to maintain the
flume that brings the water to the community. The flume was previously
used by Southern California Edison under a hydroelectric permit with
the Federal Energy Regulatory Commission. For more than a decade,
Edison has been in the process of decommissioning this permit, and the
city of Banning and Banning Heights are simply seeking to ensure that
the flume can be repaired and maintained and continues to deliver
water.
Earlier this month, the Forest Service issued a letter stating that
they would require the inclusion of new instream flows as a contingency
of the issuance of a special use permit just to allow the city to make
repairs to the flume. This requirement would mean that in an average
year, the two communities would receive no water from the flume on more
than 100 days, I repeat, no water for nearly one-third of the year.
Additionally, during periods of drought, the Forest Service estimates
that the communities could go more than 50 consecutive days during the
summer months without water.
This is simply unacceptable.
While my amendment will not be debated on the floor today, I will
continue to work with the Forest Service to resolve this situation in a
way that protects the water rights of Banning and Banning Heights and
makes sure that any new instream flows do not take away water from
communities that need it.
Madam Chair, I thank Chairman Calvert again for his attention to
this. I ask the gentleman for his commitment to work with me to resolve
this critical issue for my constituents.
Mr. CALVERT. I thank Mr. Ruiz for raising this issue. I would like to
offer and continue working with the gentleman and the Forest Service to
amicably and productively resolve the situation.
Mrs. LOWEY. Madam Chair, I reserve balance of my time.
Mr. FRELINGHUYSEN. Madam Chair, I am prepared to close, and I reserve
the balance of my time.
Mrs. LOWEY. Madam Chair, we should be making investments that protect
our communities and make it easier for working families to get ahead.
This bill falls far short of those goals. It shows the majority is not
serious about enacting spending bills on time and is rife with
deficiencies from a tax on the environment and consumers to wasting
hundreds of millions of taxpayer dollars, and it fails to stand up to
Russian aggression and protect our elections. Vote ``no.''
Madam Chair, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Madam Chair, I am pleased the House is taking the
next step towards our Appropriations bills today. These bills maintain
vital Federal responsibilities and reflect common American values.
Madam Chair, I urge my colleagues to support this legislation, and I
yield back the balance of my time.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
An amendment in the nature of a substitute consisting of the text of
Rules Committee Print 115-81 shall be considered as adopted, and the
bill, as amended, shall be considered as an original bill for the
purpose of further amendment under the 5-minute rule and shall be
considered as read.
The text of the bill, as amended, is as follow:

H.R. 6147

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

SEC. 1. SHORT TITLE.

This Act may be cited as the ``Interior, Environment,
Financial Services, and General Government Appropriations
Act, 2019''.

DIVISION A--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of the Interior, environment, and related agencies for the
fiscal year ending September 30, 2019, and for other
purposes, namely:

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)), $1,247,883,000,

[[Page H6384]]

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 $1,247,883,000, 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

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, $17,392,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.

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, $1,288,808,000, to remain available until
September 30, 2020: Provided, That not to exceed $10,941,000
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)): Provided further, That
$12,022,000 shall be provided to the National Fish and
Wildlife Foundation pursuant to section 3709 of title 16,
United States Code, for the benefit of, and in connection
with, the activities and services of the United States Fish
and Wildlife Service.

construction

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; $59,734,000, to remain available until
expended.

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, $47,438,000, 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
$10,000,000 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

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.

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.), $11,061,000, 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, $63,571,000, 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

[[Page H6385]]

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: 3 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

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.

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, $2,527,810,000, of which
$10,032,000 for planning and interagency coordination in
support of Everglades restoration and $149,461,000 for
maintenance, repair, or rehabilitation projects for
constructed assets and $166,575,000 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.

national recreation and preservation

For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance, international park
affairs, and grant administration, not otherwise provided
for, $63,638,000.

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), $91,910,000, 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, $500,000
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,
$13,000,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement, and $5,000,000 is
for grants to Historically Black Colleges and Universities:
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,
$366,333,000, 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, $172,363,000, 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, $30,000,000, 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; $1,167,291,000, 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

[[Page H6386]]

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, $180,222,000, of which $130,406,000
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 $130,406,000: 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, $144,867,000, of which
$120,743,000 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
$120,743,000.
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, $113,969,000, 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 $113,969,000.

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,
$24,546,000, 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, $90,000,000, to remain available until
expended, for grants to States for reclamation of abandoned
mine lands and other related activities in accordance with
the terms and conditions in the report 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 such additional amount 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: Provided further,
That such additional amount shall be allocated to States
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.), $2,436,821,000, 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 $689,558,000 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 $54,174,000 shall remain available until
expended for housing improvement, road maintenance, attorney
fees, litigation support, land

[[Page H6387]]

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 $82,223,000 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):
Provided further, That of the funds provided, not to exceed
$2,000,000 is authorized for a demonstration project to pilot
a lease agreement with a federally recognized Indian tribe
agreeing to replace and own a Bureau of Indian Education
funded school facility operated under Public Law 93-638 or
Public Law 100-297: Provided further, That of the funds
provided, $2,000,000 shall be to implement section 7(b) of
Public Law 102-495 (106 Stat. 3173).

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; $354,485,000, 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.

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.

indian guaranteed loan program account

For the cost of guaranteed loans and insured loans,
$19,279,000, to remain available until September 30, 2020, of
which $1,702,000 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
$329,260,000.

administrative provisions

(including rescission of funds)

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

[[Page H6388]]

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.
Of the unobligated balances available from appropriations
made under the heading ``Bureau of Indian Affairs and Bureau
of Indian Education'' prior to fiscal year 2014, $4,000,000
are permanently rescinded.

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, $134,673,000, 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 Appraisal and
Valuation Services Office 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 further, 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.

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, $96,870,000, of which: (1) $87,440,000 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) $9,430,000 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, $3,363,000, 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, $110,692,000, 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.

navajo and hopi indian relocation

For necessary expenses of the Office of the Special Trustee
for American Indians to carry out the activities authorized
by subsection 11(h) of Public Law 93-531, as most recently
amended by Public Law 104-301, through direct expenditure,
contracts, cooperative agreements, compacts, and grants,
$3,000,000, to remain available until expended: Provided,
That the Office of the Special Trustee is further authorized
to expend funds provided under this heading for the purpose
of planning for an orderly closeout of the Office of Navajo
and Hopi Indian Relocation.

[[Page H6389]]

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, $939,660,000,
to remain available until expended: 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 $194,000,000 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, $58,778,000, 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.

payments in lieu of taxes

For necessary expenses for payments authorized by chapter
69 of title 31, United States Code, $500,000,000 shall be
available for fiscal year 2019.

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

[[Page H6390]]

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 report 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.

exhaustion of administrative review

Sec. 111. Paragraph (1) of section 122(a) of division E of
Public Law 112-74 (125 Stat. 1013) is amended by striking
``fiscal years 2012 through 2022,'' in the first sentence and
inserting ``fiscal year 2012 and each fiscal year
thereafter,''.

contracts and agreements with indian affairs

Sec. 112. 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. 113. 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. 114. (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.

sage-grouse

Sec. 115. 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; or
(3) a final rule for the Bi-State distinct population
segment of greater sage-grouse.

reissuance of final rules

Sec. 116. (a) The final rule published on September 10,
2012 (77 Fed. Reg. 55530) that was reinstated on March 3,
2017, by the decision of the U.S. Court of Appeals for the
District of Columbia (No. 14-5300) and further republished on
May 1, 2017 (82 Fed. Reg. 20284) that reinstates the removal
of Federal protections for the gray wolf in Wyoming under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and
this subsection, shall not be subject to judicial review.
(b) Before the end of the 60-day period beginning on the
date of enactment of this Act, the Secretary of the Interior
shall reissue the final rule published on December 28, 2011
(76 Fed. Reg. 81666), without regard to any other provision
of statute or regulation that applies to issuance of such
rule. Such reissuance (including this subsection) shall not
be subject to judicial review.

gray wolves range-wide

Sec. 117. (a) Not later than the end of fiscal year 2019,
and except as provided in subsection

[[Page H6391]]

(b), the Secretary of the Interior shall issue a rule to
remove the gray wolf (Canis lupus) in each of the 48
contiguous States of the United States and the District of
Columbia from the List of Endangered and Threatened Wildlife
in section 17.11 of title 50, Code of Federal Regulations,
without regard to any other provision of statute or
regulation that applies to issuance of such rule.
(b) Such issuance (including this section)--
(1) shall not be subject to judicial review; and
(2) shall not affect the inclusion of the subspecies
classified as the Mexican gray wolf (Canis lupus baileyi) of
the species gray wolf (Canis lupus) in such list.

tribal sovereignty

Sec. 118. None of the funds made available by this or any
other Act may be used to enforce, refer for enforcement, or
to assist any other agency in enforcing section 251 of title
25, United States Code.

contribution authority

Sec. 119. Section 113 of Division G of Public Law 113-76
is amended by striking ``2019,'' and inserting ``2024,''.

prohibition on use of funds for certain historic designation

Sec. 120. None of the funds made available by this Act may
be used to make a determination of eligibility or to list the
Trestles Historic District, San Diego County, California, on
the National Register of Historic Places.

indiana dunes national lakeshore retitled; paul h. douglas trail
redesignation

Sec. 121. (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''.

restriction on use of funds related to water rights

Sec. 122. None of the funds made available in this or any
other Act may be used--
(1) to condition the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment,
easement, right-of-way, or other land use or occupancy
agreement on the transfer of any water right, including sole
and joint ownership, directly to the United States, or any
impairment of title, in whole or in part, granted or
otherwise recognized under State law, by Federal or State
adjudication, decree, or other judgment, or pursuant to any
interstate water compact; or
(2) to require any water user to apply for or acquire a
water right in the name of the United States under State law
as a condition of the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment,
easement, right-of-way, or other land use or occupancy
agreement.

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,
$651,113,000, to remain available until September 30, 2020:
Provided, That of the funds included under this heading,
$4,100,000 shall be for Research: National Priorities as
specified in the report accompanying this Act: Provided
further, That of unobligated balances from appropriations
made available under this heading, $7,350,000 are permanently
rescinded.

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 $19,000 for
official reception and representation expenses,
$2,473,282,000, to remain available until September 30, 2020:
Provided, That of the amounts provided under this heading,
the Chemical Risk Review and Reduction program project shall
be allocated for this fiscal year, excluding the amount of
any fees made available, not less than the amount of
appropriations for that program project for fiscal year 2014:
Provided further, That of the funds included under this
heading, $12,700,000 shall be for Environmental Protection:
National Priorities as specified in the report accompanying
this Act: Provided further, That of the funds included under
this heading, $434,857,000 shall be for Geographic Programs
specified in the report accompanying this Act: Provided
further, That of the unobligated balances from appropriations
made available under this heading, $40,000,000 are
permanently rescinded.

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,
$39,553,000, 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) $1,127,090,000, 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 $1,127,090,000
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, $3,588,161,000, to remain
available until expended, of which--
(1) $1,393,887,000 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
$863,233,000 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, funds made available under this title to each
State for Clean Water State Revolving Fund capitalization
grants and 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

[[Page H6392]]

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;
(2) $10,000,000 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) $20,000,000 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) $80,000,000 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) $100,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $55,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(7) $1,066,041,000 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.

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, $45,000,000, 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 $5,488,000,000.
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, for the purposes
provided in such sections.
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.
Notwithstanding any other provision of law, in addition to
the activities specified in section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8), fees collected in this and prior fiscal years under
such section shall be available for the following activities
as they relate to pesticide licensing: processing and review
of data submitted in association with a registration,
information submitted pursuant to section 6(a)(2) of FIFRA,
supplemental distributor labels, transfers of registrations
and data compensation rights, additional uses registered by
States under section 24(c) of FIFRA, data compensation
petitions, review of minor amendments, and notifications;
laboratory support and audits; administrative support;
development of policy and guidance; rulemaking support;
information collection activities; and the portions of
salaries related to work in these areas.
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,

[[Page H6393]]

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 Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with
section 26(b) of the Toxic Substances Control Act (15 U.S.C.
2625(b)) for fiscal year 2019.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with
section 3204 of the Solid Waste Disposal Act (42 U.S.C.
6939g) for fiscal year 2019.
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.
Of the unobligated balances available for the ``State and
Tribal Assistance Grants'' account, $75,000,000 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.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $1,500,000 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).
The Administrator of the Environmental Protection Agency is
not authorized to obligate or expend more than $50 of the
funds made available under this title for the purchase of any
individual fountain pen.

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, $297,000,000, to remain available through
September 30, 2020: Provided, That of the funds provided,
$77,000,000 is for the forest inventory and analysis program.

state and private forestry

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,
$334,945,000, to remain available through September 30, 2020,
as authorized by law; of which $48,445,000 is to be derived
from the Land and Water Conservation Fund to be used for the
Forest Legacy Program, to remain available until expended.

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,
$1,972,000,000, to remain available through September 30,
2020: 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, $380,000,000 shall be for forest
products: Provided further, That of the funds provided,
$450,000,000 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 $15,000,000 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.

capital improvement and maintenance

(including transfer of funds)

For necessary expenses of the Forest Service, not otherwise
provided for, $499,000,000, to remain available through
September 30, 2020, 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, $34,761,000, 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, 2020, (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, 2020, 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, 2020, 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.), $1,850,000, to remain available through
September 30, 2020.

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, 2020: 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

[[Page H6394]]

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, 2020: 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 report 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.
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, $4,202,639,000, 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 $55,700,000 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, $18,000,000 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 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

[[Page H6395]]

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, $125,666,000 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, 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.

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, $882,748,000, 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, $80,000,000.

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, $62,000,000: 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

[[Page H6396]]

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

For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$4,750,000, 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).

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,
$737,944,000, to remain available until September 30, 2020,
except as otherwise provided herein; of which not to exceed
$6,908,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, the National Museum
of African American History and Culture, 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,
$317,500,000, 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, $141,790,000,
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, $26,564,000, 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, $16,025,000, 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 $143,700,000 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 $11,300,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $9,100,000 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

[[Page H6397]]

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), $6,440,000.

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),
$58,000,000, 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), $500,000, 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,
$3,000,000, 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; or
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance

[[Page H6398]]

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''.

chesapeake bay initiative

Sec. 420. Section 502(c) of the Chesapeake Bay Initiative
Act of 1998 (Public Law 105-312; 16 U.S.C. 461 note) is
amended by striking ``2019'' and inserting ``2020''.

extension of grazing permits

Sec. 421. 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. 422. (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. 423. 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. 424. (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. 425. 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. 426. 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), $16,025,000 for fiscal year 2019.''.

local cooperator training agreements and transfers of excess equipment
and supplies for wildfires

Sec. 427. 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

[[Page H6399]]

carry out the functions of the Department's wildland fire
management program to such organizations.

recreation fee

Sec. 428. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) is amended by striking
``September 30, 2019'' and inserting ``September 30, 2021''.

policies relating to biomass energy

Sec. 429. For fiscal year 2019 and each fiscal year
thereafter, 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.

clarification of exemptions

Sec. 430. Notwithstanding section 404(f)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(f)(2)), none of
the funds made available by this Act may be used to require a
permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) for the activities identified in subparagraphs (A) and
(C) of section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A),
(C)).

waters of the united states

Sec. 431. The final rule issued by the Administrator of
the Environmental Protection Agency and the Secretary of the
Army entitled ``Clean Water Rule: `Definition of Waters of
the United States' '' (80 Fed. Reg. 37053 (June 29, 2015)) is
repealed, and, until such time as the Administrator and the
Secretary issue a final rule after the date of enactment of
this Act defining the scope of waters protected under the
Federal Water Pollution Control Act and such new final rule
goes into effect, any regulation or policy revised under, or
otherwise affected as a result of, the rule repealed by this
section shall be applied as if that repealed rule had not
been issued.

agricultural nutrients

Sec. 432. None of the funds made available by this Act may
be used by the Administrator of the Environmental Protection
Agency to issue any regulation under the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) that applies to an animal
feeding operation, including a concentrated animal feeding
operation and a large concentrated animal feeding operation,
as such terms are defined in section 122.23 of title 40, Code
of Federal Regulations.

hunting, fishing, and recreational shooting on federal land

Sec. 433. (a) Limitation on Use of Funds.--None of the
funds made available by this or any other Act for any fiscal
year may be used to prohibit the use of or access to Federal
land (as such term is defined in section 3 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6502)) for
hunting, fishing, or recreational shooting if such use or
access--
(1) was not prohibited on such Federal land as of January
1, 2013; and
(2) was conducted in compliance with the resource
management plan (as defined in section 101 of such Act (16
U.S.C. 6511)) applicable to such Federal land as of January
1, 2013.
(b) Temporary Closures Allowed.--Notwithstanding subsection
(a), the Secretary of the Interior or the Secretary of
Agriculture may temporarily close, for a period not to exceed
30 days, Federal land managed by the Secretary to hunting,
fishing, or recreational shooting if the Secretary determines
that the temporary closure is necessary to accommodate a
special event or for public safety reasons. The Secretary may
extend a temporary closure for one additional 90-day period
only if the Secretary determines the extension is necessary
because of extraordinary weather conditions or for public
safety reasons.
(c) Authority of States.--Nothing in this section shall be
construed as affecting the authority, jurisdiction, or
responsibility of the several States to manage, control, or
regulate fish and resident wildlife under State law or
regulations.

availability of vacant grazing allotments

Sec. 434. The Secretary of the Interior, with respect to
public lands administered by the Bureau of Land Management,
and the Secretary of Agriculture, with respect to the
National Forest System lands, shall make vacant grazing
allotments available to a holder of a grazing permit or lease
issued by either Secretary if the lands covered by the permit
or lease or other grazing lands used by the holder of the
permit or lease are unusable because of drought or wildfire,
as determined by the Secretary concerned. The terms and
conditions contained in a permit or lease made available
pursuant to this section shall be the same as the terms and
conditions of the most recent permit or lease that was
applicable to the vacant grazing allotment made available.
Section 102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4332) shall not apply with respect to any Federal
agency action under this section.

infrastructure

Sec. 435. (a) For an additional amount for ``Environmental
Protection Agency--Hazardous Substance Superfund'',
$40,000,000, which shall be for the Superfund Remedial
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
$40,000,000 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,'' $300,000,000 to
remain available until expended, of which--
(1) $150,000,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of
the Federal Water Pollution Control Act; and
(2) $150,000,000 shall be for making capitalization grants
for the Drinking Water State Revolving Funds under section
1452 of the Safe Drinking Water Act.
(c) For an additional amount for ``Environmental Protection
Agency--Water Infrastructure Finance and Innovation Program
Account'', $25,000,000, 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 $2,683,000,000.

direct hire authority

Sec. 436. (a) For fiscal year 2019, the Secretary of
Agriculture may appoint, without regard to the provisions of
subchapter I of chapter 33 of title 5, United States Code,
other than sections 3303 and 3328 of such title, a qualified
candidate described in subsection (b) directly to a position
with the United States Department of Agriculture, Forest
Service for which the candidate meets Office of Personnel
Management qualification standards.
(b) Subsection (a) applies to a former resource assistant
(as defined in section 203 of the Public Land Corps Act (16
U.S.C. 1722)) who completed a rigorous undergraduate or
graduate summer internship with a land managing agency, such
as the Forest Service Resource Assistant Program;
successfully fulfilled the requirements of the internship
program; and subsequently earned an undergraduate or graduate
degree from an accredited institution of higher education.
(c) The direct hire authority under this section may not be
exercised with respect to a specific qualified candidate
after the end of the two-year period beginning on the date on
which the candidate completed the undergraduate or graduate
degree, as the case may be.

california water infrastructure

Sec. 437. Notwithstanding any other provision of law, the
Final Environmental Impact Report/Final Environmental Impact
Statement for the Bay Delta Conservation Plan/California
Water Fix (81 Fed. Reg. 96485 (Dec. 30, 2016)) and any
resulting agency decision, record of decision, or similar
determination shall hereafter not be subject to judicial
review under any Federal or State law.

limitation on use of funds for transplantation or introduction of
grizzly bears into north cascades ecosystem

Sec. 438. None of the funds made available by this Act may
be used for the transplantation or introduction of grizzly
bears into the North Cascades Ecosystem.

management of wild horses or burros

Sec. 439. Notwithstanding the first section and section
2(d) of Public Law 92-195 (16 U.S.C. 1331 and 1332(d)), the
Secretary of the Interior may hereafter manage any group of
wild horses or burros as a nonreproducing or single-sex herd,
in whole or in part, including through chemical or surgical
sterilization.

marbled murrelet long term conservation strategy

Sec. 440. None of the funds made available by this Act may
be used to approve, or require the development or
implementation of, a Marbled Murrelet Long Term Conservation
Strategy for the 1997 Washington State Trust Lands Habitat
Conservation Plan that sets aside forested acres in excess of
those identified as occupied habitat, existing old growth
stands, stands that will become old growth within 70 years,
and associated buffers.

limitation on judicial review of california water projects

Sec. 441. Notwithstanding any other provision of law, the
Calfed Bay-Delta Authorization Act (title I of Public Law
108-361; 118 Stat. 1681), the water project described in
chapter 5 of part 3 of division 6 of the California Water
Code (sections 11550 et seq.) as in effect on the date of
enactment of this Act and operated by the California
Department of Water Resources, and all projects authorized by
section 2 of the Act of August 26, 1937 (chapter 832; 50
Stat. 850) and all Acts amendatory or supplemental thereto,
shall hereafter not be subject to judicial review.

[[Page H6400]]

oil and gas royalties from alaska coastal plain

Sec. 442. Section 20001(b) of Public Law 115-97 is
amended--
(1) in paragraph (5)(A)--
(A) by striking ``50'' and inserting ``47''; and
(B) by inserting before the semicolon ``and 3 percent shall
be deposited into the Fund established in section 6 of Public
Law 92-203 to be divided and distributed in the same manner
as `revenues' pursuant to section 7 of such Act''; and
(2) by adding at the end the following:
``(6) Use of distributions.--Notwithstanding any other
provision of law, amounts received as a distribution under
paragraph (5)(A) shall be used for the purpose of providing
for the social and economic needs of Natives (as defined in
section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)).''.

references to act

Sec. 443. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.

references to report

Sec. 444. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-765. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.

spending reduction account

Sec. 445. The amount by which the applicable allocation of
new budget authority made by the Committee on Appropriations
of the House of Representatives under section 302(b) of the
Congressional Budget Act of 1974 exceeds the amount of
proposed new budget authority is $0.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2019''.

DIVISION B--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2019

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2019, and for other purposes, namely:

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,
$208,751,000: 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
available 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, $161,000,000: 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, $8,000,000, 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''.

fund for america's kids and grandkids

There is established in the Treasury a fund to be known as
the ``Fund for America's Kids and Grandkids'' (the ``Fund''):
Provided, That in addition to amounts otherwise made
available by this Act, there is appropriated to the Fund
$585,000,000 for the sole purpose of government efficiencies:
Provided further, That amounts in the Fund may not be
obligated until after the date that the Secretary of the
Treasury certifies in the annual Financial Report of the
United States Government that the Federal budget deficit
equals $0 or that there is a budget surplus: Provided
further, That no amounts may be transferred from the Fund.

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;
$170,834,000, 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), $28,800,000.

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,

[[Page H6401]]

$123,527,000; 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 Improvements 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, $216,000,000. Of the amount appropriated under
this heading--
(1) not less than $121,000,000, 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, 2019, for financial assistance, technical assistance,
training, and outreach 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 $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; Provided
further, That with regard to financial assistance awards made
pursuant to this paragraph, excluding those made to community
development financial institutions to expand investments that
benefit individuals with disabilities, priority shall be
placed on providing assistance to community development
financial institutions that have provided no less than 15
percent of their total financial products to recipients in
persistent poverty counties, as measured by a three year
average of their activity;
(2) not less than $13,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2019, 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 $19,000,000 is available until September
30, 2020, for the Bank Enterprise Award program;
(4) not less than $15,000,000, 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, 2019, 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 $23,000,000 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 $8,890,000 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, and of which not less than
$15,000,000, 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; 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 $5,000,000 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;
$3,988,000,000, 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, 2020, 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, $200,000,000, 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 5 percent of any 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.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which

[[Page H6402]]

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. None of the funds made available by this Act may
be used by the Internal Revenue Service to deny tax exemption
under section 501(a) of the Internal Revenue Code of 1986
with respect to a church, an integrated auxiliary of a
church, or a convention or association of churches for
participating in, or intervening in, any political campaign
on behalf of (or in opposition to) any candidate for public
office unless--
(1) the Commissioner of Internal Revenue determines that
the exemption should be denied;
(2) not later than 30 days after such determination, the
Commissioner notifies the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate of such determination; and
(3) such denial is effective not earlier than 90 days after
the date of the notification under paragraph (2).
Sec. 113. 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. 114. 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. 115. 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. 116. 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. 117. 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. 118. 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. 119. 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. 120. 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. 121. 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. 122. 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. 123. 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. 124. 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. 125. 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. 126. (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;

[[Page H6403]]

(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. 127. 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. 128. (a) None of the funds made available by this Act
may be used to approve, license, facilitate, authorize, or
otherwise allow the use, purchase, trafficking, or import of
property confiscated by the Cuban Government.
(b) In this section, the terms ``confiscated'', ``Cuban
Government'', ``property'', and ``traffic'' have the meanings
given such terms in paragraphs (4), (5), (12)(A), and (13),
respectively, of section 4 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6023).
Sec. 129. (a) None of the funds made available in this Act
may be used to authorize a general license or approve a
specific license under section 501.801 or 515.527 of title
31, Code of Federal Regulations, with respect to a mark,
trade name, or commercial name that is the same as or
substantially similar to a mark, trade name, or commercial
name that was used in connection with a business or assets
that were confiscated unless the original owner of the mark,
trade name, or commercial name, or the bona-fide successor-
in-interest has expressly consented.
(b) In this section, the term ``confiscated'' has a meaning
given such term in section 4(4) of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6023(4)).
Sec. 130. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended to provide
for the enforcement of any rule, regulation, policy, or
guideline implemented pursuant to the Department of the
Treasury ``Guidance for United States Positions on MDBs
Engaging with Developing Countries on Coal-Fired Power
Generation'' dated October 29, 2013, when enforcement of such
rule, regulation, policy, or guideline would prohibit or have
the effect of prohibiting, the carrying out of any coal-fired
or other power generation project the purpose of which is to
increase exports of goods and services from the United States
or prevent the loss of jobs from the United States.
Sec. 131. (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 Committee on
Banking, Housing, and Urban Affairs of the Senate.
(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. 132. During fiscal year 2019, the Office of Financial
Research shall provide for a public notice period of not less
than 90 days before issuing any proposed report, rule, or
regulation.
Sec. 133. (a) Section 155 of Public Law 111-203 is amended
as follows:
(1) In subsection (b)--
(A) in paragraph (1)--
(i) by striking ``immediately''; and
(ii) by inserting ``as provided for in appropriation Acts''
after ``to the Office'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2).
(2) In subsection (d), by striking the heading and
inserting ``ASSESSMENT SCHEDULE.--''.
(b) The amendments made by subsection (a) shall take effect
on October 1, 2019.I20 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, $13,000,000.

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

[[Page H6404]]

accordance with section 1105(a) of title 31, United States
Code, $103,000,000, 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.

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,
$17,400,000: 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, 2019.

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, $15,000,000, 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.

[[Page H6405]]

(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, $19,450,000.
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, $5,167,961,000 (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,
$1,142,427,000 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), $604,460,000, 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,
$18,548,000, 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 second sentence (relating to the District of
Kansas) following paragraph (12), by striking ``27 years and
6 months'' and inserting ``28 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--

[[Page H6406]]

(1) in the first sentence by inserting after ``except in
the case of'' the following: ``the northern district of
Alabama,'';
(2) in the first sentence by inserting after ``the central
district of California'' the following: ``,'';
(3) in the first sentence by striking ``16 years'' and
inserting ``17 years'';
(4) by adding at the end of the first sentence the
following: ``The first vacancy in the office of district
judge in the northern district of Alabama occurring 16 years
or more after the confirmation date of the judge named to
fill the temporary district judgeship created in that
district by this subsection, shall not be filled.'';
(5) in the third sentence (relating to the central District
of California), by striking ``15 years and 6 months'' and
inserting ``16 years and 6 months''; and
(6) in the fourth 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, $30,000,000, 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, $13,000,000, 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, $288,280,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $14,670,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $122,770,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $77,016,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $73,824,000, 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),
$49,890,000, 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, $2,000,000, to remain available until expended, to
support

[[Page H6407]]

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, $45,000,000, to remain available
until expended, for payments authorized under the Scholarship
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 $3,200,000 shall be for the activities
specified in sections 3007(b) through 3007(d) and 3009 of
such 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,
$5,000,000.

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.
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, 2019, of
which not to exceed $1,000 is for official reception and
representation expenses.

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 $8,000 for official
reception and representation expenses, $127,000,000.

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), $10,100,000, of which
$1,500,000 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,
$335,118,000, to remain available until expended: Provided,
That $335,118,000 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 $335,118,000 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:

[[Page H6408]]

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,
$311,700,000, 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 $158,700,000: 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 $8,634,574,000,
of which--
(1) $275,900,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $275,900,000 shall be for the Calexico, California,
Calexico West Land Port of Entry;
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) $679,934,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $286,344,000 is for Major Repairs and Alterations;
(B) $312,090,000 is for Basic Repairs and Alterations; and
(C) $81,500,000 is for Special Emphasis Programs, of
which--
(i) $30,000,000 is for Fire and Life Safety;
(ii) $11,500,000 is for Judiciary Capital Security; and
(iii) $40,000,000 is for Consolidation Activities:
Provided, That consolidation projects result in reduced
annual rent paid by the tenant agency: Provided further,
That no consolidation project exceed $10,000,000 in costs:
Provided further, That consolidation projects are approved by
each of the committees specified in section 3307(a) of title
40, United States Code: Provided further, That preference is
given to consolidation projects that achieve a utilization
rate of 130 usable square feet or less per person for office
space: Provided further, That the obligation of funds under
this paragraph for consolidation activities may not be made
until 10 days after a proposed spending plan and explanation
for each project to be undertaken, including estimated
savings, has been submitted to the Committees on
Appropriations of the House of Representatives and the
Senate:
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) $5,430,345,000 for rental of space to remain available
until expended; and
(4) $2,248,395,000 for building operations to remain
available until expended, of which $1,126,014,000 is for
building services, and $1,122,381,000 is for salaries and
expenses: Provided, That not to exceed 5 percent of any
appropriation made available under this paragraph for
building operations may be transferred between and merged
with such appropriations upon notification to the Committees
on Appropriations of the House of Representatives and the
Senate, but no such appropriation shall be increased by more
than 5 percent by any such transfers: Provided further, That
section 521 of this title shall not apply with respect to
funds made available under this heading for building
operations: Provided further, 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.

[[Page H6409]]

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, $67,000,000:
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 transfers 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 any appropriations provided to the Electronic
Government Fund that remain unobligated may be transferred to
the Federal Citizen Services Fund: 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, $150,000,000, 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), $31,000,000,
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 2019 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.

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,
$372,400,000.

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.

[[Page H6410]]

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 upon submitting to the Committees on
Appropriations of the Senate and House of Representatives the
plan of expenditure as required by the ``Consolidated
Appropriations Act, 2017'': Provided further, That the
amount made available by the previous proviso may not be
obligated until the Director of the Office of Personnel
Management submits to the Committees on Appropriations of the
Senate and the House of Representatives within 90 days of
enactment a plan for expenditure of such amount, prepared in
consultation with the Director of the Office of Management
and Budget, the Administrator of the United States Digital
Service, and the Secretary of Homeland Security, that--
(1) identifies the full scope and cost of the IT systems
remediation and stabilization project;
(2) meets the capital planning and investment control
review requirements established by the Office of Management
and Budget, including Circular A-11, part 7;
(3) includes a Major IT Business Case under the
requirements established by the Office of Management and
Budget Exhibit 300;
(4) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Government;
(5) complies with all Office of Management and Budget,
Department of Homeland Security and National Institute of
Standards and Technology requirements related to securing the
agency's information system as described in 44 U.S.C. 3554;
and
(6) is reviewed and commented upon within 60 days of plan
development by the Inspector General of the Office of
Personnel Management, and such comments are submitted to the
Director of the Office of Personnel Management before the
date of such submission:

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;
$26,252,000.

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.

Public Buildings Reform Board

salaries and expenses

For salaries and expenses of the Public Buildings Reform
Board in carrying out the Federal Assets Sale and Transfer
Act of 2016 (Public Law 114-287), $2,000,000, to remain
available until expended.

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,
$1,658,302,000, 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.
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
$1,658,302,000 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

[[Page H6411]]

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, $268,500,000,
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, $251,900,000,
to remain available until September 30, 2020: Provided, That
$132,600,000 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 $31,600,000 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,
$31,308,000, 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; of which $22,308,000 is for
direct administrative expenses of loan making and servicing
to carry out the direct loan program, which may be
transferred to and merged with the appropriations for
Salaries and Expenses; 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.

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,
$58,118,000: 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: Provided further, That the Postal Service shall
maintain and comply with service standards for First Class
Mail and periodicals effective on July 1, 2012.

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

[[Page H6412]]

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 or restructuring 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.

[[Page H6413]]

(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. 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. 621. 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. 622. (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. 623. 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. 624. 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. 625. 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. 626. 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. 627. (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. 628. 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. 629. Title 44, United States Code, is amended as
follows:
(1) In subsection (a)(2) of section 2107, by striking ``the
head of such agency has certified in writing to the
Archivist'' and inserting ``the Archivist determines, after
consulting with the head of such agency,''.
(2) In subsection (d) of section 2904, by striking the
first instance of ``digital or electronic''.
(3) In subsection (e) of section 3303a, by striking ``the
written consent of'' and inserting ``advance notice to''.
(4) In section 3308, by striking ``empower'' and inserting
``direct''.
Sec. 630. None of the funds made available by this Act may
be used to enforce the requirements in section 316(b)(4)(D)
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30118(b)(4)(D)) that the solicitation of contributions from
member corporations stockholders and executive or
administrative personnel, and the families of such
stockholders or personnel, by trade associations must be
separately and specifically approved by the member
corporation involved prior to such solicitation, and that
such member corporation does not approve any such
solicitation by more than one such trade association in any
calendar year.
Sec. 631. (1) None of the funds appropriated by this Act
shall be available to pay for an abortion or the
administrative expenses in connection with a multi-State
qualified health plan offered under a contract under section
1334 of the Patient Protection and Affordable Care Act (42
U.S.C. 18054) which provides any benefits or coverage for
abortions.
(2) The provision of paragraph (1) 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. 632. None of the funds made available by this Act may
be used by the Securities and Exchange Commission to propose,
issue, implement, administer, or enforce any requirement that
a solicitation of a proxy, consent, or authorization to vote
a security of an issuer in an election of members of the
board of directors of the issuer be made using a single
ballot or card that lists both individuals nominated by (or
on behalf of) the issuer and individuals nominated by (or on
behalf of) other proponents and permits the person granting
the proxy, consent, or authorization to select from
individuals in both groups.

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

[[Page H6414]]

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

[[Page H6415]]

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, 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. 730. 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. 731. 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. 732. (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. 733. 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. 734. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting

[[Page H6416]]

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. 735. 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. 736. (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, 2017.
(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. 737. (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. 738. 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. 739. 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. 2019 0 et seq.).
Sec. 740. (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. 741. (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

[[Page H6417]]

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. 742. 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. 743. 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. 744. (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. 745. 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. 746. None of the funds made available under this or
any other Act may be used to implement or enforce Executive
Order No. 13690, Establishing a Federal Flood Risk Management
Standard and a Process for Further Soliciting and Considering
Stakeholder Input, including any related rules, interim final
rules, or guidance.
Sec. 747. None of the funds made available by this Act may
be used to implement, administer, or enforce a rule issued
pursuant to section 13(p) of the Securities Exchange Act of
1934.
Sec. 748. None of the funds made available by this Act may
be used to plan for, begin, continue, complete, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76.
Sec. 749. 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, or used for the
operation of a supervised drug consumption facility that
permits the consumption of any substance listed in Schedule I
of section 202 of the Controlled Substances Act (21 U.S.C.
812) onsite.
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

[[Page H6418]]

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. (a) No funds available for obligation or
expenditure by the District of Columbia government under any
authority may be used to enact any act, resolution, rule,
regulation, guidance, or other law to permit any person to
carry out any activity, or to reduce the penalties imposed
with respect to any activity, to which subsection (a) of
section 3 of the Assisted Suicide Funding Restriction Act of
1997 (42 U.S.C. 14402) applies (taking into consideration
subsection (b) of such section).
(b) Effective February 18, 2017, the Death With Dignity Act
of 2016 (D.C. Law 21-182) is hereby repealed.
Sec. 818. None of the funds made available by this Act may
be used to carry out the Reproductive Health Non-
Discrimination Amendment Act of 2014 (D.C. Law 20-261) or to
implement any rule or regulation promulgated to carry out
such Act.
Sec. 819. (a) Effective with respect to fiscal year 2013
and each succeeding fiscal year, the Local Budget Autonomy
Amendment Act of 2012 (D.C. Law 19-321) is hereby repealed,
and any provision of law amended or repealed by such Act
shall be restored or revived as if such Act had not been
enacted into law.
(b)(1) Section 450 of the District of Columbia Home Rule
Act (sec. 1-204.50, D.C. Official Code) is amended--
(A) in the first sentence, by striking ``The General Fund''
and inserting ``(a) In General.--The General Fund''; and
(B) by adding at the end the following new subsection:
``(b) Application of Federal Appropriations Process.--
Nothing in this Act shall be construed as creating a
continuing appropriation of the General Fund described in
subsection (a). All funds provided for the District of
Columbia shall be appropriated on an annual fiscal year basis
through the Federal appropriations process. For each fiscal
year, the District shall be subject to all applicable
requirements of subchapter III of chapter 13 and subchapter
II of chapter 15 of title 31, United States Code (commonly
known as the `Anti-Deficiency Act'), the Budget and
Accounting Act of 1921, and all other requirements and
restrictions applicable to appropriations for such fiscal
year.''.
(2) Section 603(a) of such Act (sec. 1-206.03(a), D.C.
Official Code) is amended--
(A) by striking ``existing''; and
(B) by striking the period at the end and inserting the
following: ``, or as authorizing the District of Columbia to
make any such change.''.
(3) The amendments made by this subsection shall take
effect as if included in the enactment of the District of
Columbia Home Rule Act.
Sec. 820. 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.

TITLE IX

FINANCIAL REFORM

Subtitle A--Helping Angels Lead Our Startups Act

Sec. 901. Definition of angel investor group.
Sec. 902. Clarification of general solicitation.

Subtitle B--Credit Access and Inclusion Act

Sec. 903. Positive credit reporting permitted.

Subtitle C--Small Business Mergers, Acquisitions, Sales and Brokerage
Simplification Act

Sec. 904. Registration exemption for merger and acquisition brokers.
Sec. 905. Effective date.

Subtitle D--Mortgage Choice Act

Sec. 906. Definition of points and fees.
Sec. 907. Rulemaking.

Subtitle E--Fair Investment Opportunities for Professional Experts Act

Sec. 908. Definition of accredited investor.

Subtitle F--Fostering Innovation Act

Sec. 909. Temporary exemption for low-revenue issuers.

[[Page H6419]]

Subtitle G--End Banking for Human Traffickers Act

Sec. 910. Increasing the role of the financial industry in combating
human trafficking.
Sec. 911. Coordination of human trafficking issues by the Office of
Terrorism and Financial Intelligence.
Sec. 912. Additional reporting requirement under the Trafficking
Victims Protection Act of 2000.
Sec. 913. Minimum standards for the elimination of trafficking.

Subtitle H--Investing in Main Street Act

Sec. 914. Investment in small business investment companies.

Subtitle I--Privacy Notification Technical Clarification Act

Sec. 915. Exception to annual notice requirement.

Subtitle J--Financial Institution Customer Protection Act

Sec. 916. Requirements for deposit account termination requests and
orders.

Subtitle K--Encouraging Public Offerings Act

Sec. 917. Expanding testing the waters and confidential submissions.

Subtitle L--Risk-Based Credit Examination Act

Sec. 918. Risk-Based Examinations of Nationally Recognized Statistical
Rating Organizations.

Subtitle M--Protection of Source Code Act

Sec. 919. Procedure for obtaining certain intellectual property.

Subtitle N--Family Office Technical Correction Act

Sec. 920. Accredited investor clarification.

Subtitle O--Market Data Protection Act

Sec. 921. Internal risk controls.

Subtitle P--Financial Stability Oversight Council Improvement Act

Sec. 922. SIFI designation process.
Sec. 923. Rule of construction.

Subtitle Q--[Expanding Access to Capital for Rural Job Creators Act

Sec. 925. Access to capital for rural-area small businesses.

Subtitle R--Volcker Rule Regulatory Harmonization Act

Sec. 926. Rulemaking authority under the Volcker rule.
Sec. 927. Enforcement; anti-evasion.
Sec. 928. Exclusion of community banks from Volcker rule.

Subtitle S--Financial Institution Living Will Improvement Act

Sec. 929. Living will reforms.

Subtitle T--Financial Institutions Examination Fairness and Reform Act

Sec. 930. Amendment to definition of financial institution.
Sec. 931. Timeliness of examination reports.
Sec. 932. Independent Examination Review Director.
Sec. 933. Right to independent review of material supervisory
determinations.
Sec. 934. Additional amendments.

Subtitle U--TRID Improvement Act

Sec. 936. Amendments to mortgage disclosure requirements.

Subtitle V--Common Sense Credit Union Capital Relief Act

Sec. 938. Delay in effective date.

Subtitle W--Bureau of Consumer Financial Protection-Inspector General
Reform Act

Sec. 939. Appointment of Inspector General.
Sec. 940. Requirements for the Inspector General for the Bureau of
Consumer Financial Protection.
Sec. 941. Effective date.
Sec. 942. Transition period.

Subtitle X--BCFP on Appropriations

Sec. 943. Bureau appropriations.

Subtitle Y--Stress Test Relief for Nonbanks

Sec. 944. Stress test relief for nonbanks.

Subtitle Z--Interaffiliate Language

Sec. 945. Interaffiliate treatment with respect to initial margin
requirements.

Subtitle AA--Tailored Application of Prudential Standards

Sec. 946. Tailored application of prudential standards.

Subtitle AB--Authority to Remove Bureau Director

Sec. 947. Authority to remove Bureau Director.

Subtitle AC--Congressional Review of Bureau Rulemaking

Sec. 948. Congressional review of Bureau rulemaking.
Sec. 949. Budgetary effects of rules subject to section 802 of title 5,
United States Code.
Sec. 950. Government Accountability Office study of rules.
Sec. 951. Effective date.

Subtitle A--Helping Angels Lead Our Startups Act

definition of angel investor group

Sec. 901. As used in this subtitle, the term ``angel
investor group'' means any group that--
(1) is composed of accredited investors interested in
investing personal capital in early-stage companies;
(2) holds regular meetings and has defined processes and
procedures for making investment decisions, either
individually or among the membership of the group as a whole;
and
(3) is neither associated nor affiliated with brokers,
dealers, or investment advisers.

clarification of general solicitation

Sec. 902. (a) In General.--Not later than 6 months after
the date of enactment of this Act, the Securities and
Exchange Commission shall revise Regulation D of its rules
(17 C.F.R. 230.500 et seq.) to require that in carrying out
the prohibition against general solicitation or general
advertising contained in section 230.502(c) of title 17, Code
of Federal Regulations, the prohibition shall not apply to a
presentation or other communication made by or on behalf of
an issuer which is made at an event--
(1) sponsored by--
(A) the United States or any territory thereof, by the
District of Columbia, by any State, by a political
subdivision of any State or territory, or by any agency or
public instrumentality of any of the foregoing;
(B) a college, university, or other institution of higher
education;
(C) a nonprofit organization;
(D) an angel investor group;
(E) a venture forum, venture capital association, or trade
association; or
(F) any other group, person or entity as the Securities and
Exchange Commission may determine by rule;
(2) where any advertising for the event does not reference
any specific offering of securities by the issuer;
(3) the sponsor of which--
(A) does not make investment recommendations or provide
investment advice to event attendees;
(B) does not engage in an active role in any investment
negotiations between the issuer and investors attending the
event;
(C) does not charge event attendees any fees other than
administrative fees; and
(D) does not receive any compensation with respect to such
event that would require registration of the sponsor as a
broker or a dealer under the Securities Exchange Act of 1934,
or as an investment advisor under the Investment Advisers Act
of 1940; and
(4) where no specific information regarding an offering of
securities by the issuer is communicated or distributed by or
on behalf of the issuer, other than--
(A) that the issuer is in the process of offering
securities or planning to offer securities;
(B) the type and amount of securities being offered;
(C) the amount of securities being offered that have
already been subscribed for; and
(D) the intended use of proceeds of the offering.
(b) Rule of Construction.--Subsection (a) may only be
construed as requiring the Securities and Exchange Commission
to amend the requirements of Regulation D with respect to
presentations and communications, and not with respect to
purchases or sales.

Subtitle B--Credit Access and Inclusion Act

positive credit reporting permitted

Sec. 903. (a) In General.--Section 623 of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2) is amended by adding at the
end the following new subsection:
``(f) Full-File Credit Reporting.--
``(1) In general.--Subject to the limitation in paragraph
(2) and notwithstanding any other provision of law, a person
or the Secretary of Housing and Urban Development may furnish
to a consumer reporting agency information relating to the
performance of a consumer in making payments--
``(A) under a lease agreement with respect to a dwelling,
including such a lease in which the Department of Housing and
Urban Development provides subsidized payments for occupancy
in a dwelling; or
``(B) pursuant to a contract for a utility or
telecommunications service.
``(2) Limitation.--Information about a consumer's usage of
any utility services provided by a utility or
telecommunication firm may be furnished to a consumer
reporting agency only to the extent that such information
relates to payment by the consumer for the services of such
utility or telecommunication service or other terms of the
provision of the services to the consumer, including any
deposit, discount, or conditions for interruption or
termination of the services.
``(3) Payment plan.--An energy utility firm may not report
payment information to a consumer reporting agency with
respect to an outstanding balance of a consumer as late if--
``(A) the energy utility firm and the consumer have entered
into a payment plan (including a deferred payment agreement,
an arrearage management program, or a debt forgiveness
program) with respect to such outstanding balance; and
``(B) the consumer is meeting the obligations of the
payment plan, as determined by the energy utility firm.
``(4) Definitions.--In this subsection, the following
definitions shall apply:
``(A) Energy utility firm.--The term `energy utility firm'
means an entity that provides gas or electric utility
services to the public.
``(B) Utility or telecommunication firm.--The term `utility
or telecommunication firm' means an entity that provides
utility services to the public through pipe, wire, landline,
wireless, cable, or other connected facilities, or radio,
electronic, or similar transmission (including the extension
of such facilities).''.

[[Page H6420]]

(b) Limitation on Liability.--Section 623(c) of the
Consumer Credit Protection Act (15 U.S.C. 1681s-2(c)) is
amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) subsection (f) of this section, including any
regulations issued thereunder; or''.
(c) GAO Study and Report.--Not later than 2 years after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report on the
impact of furnishing information pursuant to subsection (f)
of section 623 of the Fair Credit Reporting Act (15 U.S.C.
1681s-2) (as added by this subtitle) on consumers.

Subtitle C--Small Business Mergers, Acquisitions, Sales and Brokerage
Simplification Act

registration exemption for merger and acquisition brokers

Sec. 904. Section 15(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78o(b)) is amended by adding at the end the
following:
``(13) Registration exemption for merger and acquisition
brokers.--
``(A) In general.--Except as provided in subparagraph (B),
an M&A broker shall be exempt from registration under this
section.
``(B) Excluded activities.--An M&A broker is not exempt
from registration under this paragraph if such broker does
any of the following:
``(i) Directly or indirectly, in connection with the
transfer of ownership of an eligible privately held company,
receives, holds, transmits, or has custody of the funds or
securities to be exchanged by the parties to the transaction.
``(ii) Engages on behalf of an issuer in a public offering
of any class of securities that is registered, or is required
to be registered, with the Commission under section 12 or
with respect to which the issuer files, or is required to
file, periodic information, documents, and reports under
subsection (d).
``(iii) Engages on behalf of any party in a transaction
involving a shell company, other than a business combination
related shell company.
``(iv) Directly, or indirectly through any of its
affiliates, provides financing related to the transfer of
ownership of an eligible privately held company.
``(v) Assists any party to obtain financing from an
unaffiliated third party without--

``(I) complying with all other applicable laws in
connection with such assistance, including, if applicable,
Regulation T (12 C.F.R. 220 et seq.); and
``(II) disclosing any compensation in writing to the party.

``(vi) Represents both the buyer and the seller in the same
transaction without providing clear written disclosure as to
the parties the broker represents and obtaining written
consent from both parties to the joint representation.
``(vii) Facilitates a transaction with a group of buyers
formed with the assistance of the M&A broker to acquire the
eligible privately held company.
``(viii) Engages in a transaction involving the transfer of
ownership of an eligible privately held company to a passive
buyer or group of passive buyers. For purposes of the
preceding sentence, a buyer that is actively involved in
managing the acquired company is not a passive buyer,
regardless of whether such buyer is itself owned by passive
beneficial owners.
``(ix) Binds a party to a transfer of ownership of an
eligible privately held company.
``(C) Disqualifications.--An M&A broker is not exempt from
registration under this paragraph if such broker is subject
to--
``(i) suspension or revocation of registration under
paragraph (4);
``(ii) a statutory disqualification described in section
3(a)(39);
``(iii) a disqualification under the rules adopted by the
Commission under section 926 of the Investor Protection and
Securities Reform Act of 2010 (15 U.S.C. 77d note); or
``(iv) a final order described in paragraph (4)(H).
``(D) Rule of construction.--Nothing in this paragraph
shall be construed to limit any other authority of the
Commission to exempt any person, or any class of persons,
from any provision of this title, or from any provision of
any rule or regulation thereunder.
``(E) Definitions.--In this paragraph:
``(i) Business combination related shell company.--The term
`business combination related shell company' means a shell
company that is formed by an entity that is not a shell
company--

``(I) solely for the purpose of changing the corporate
domicile of that entity solely within the United States; or
``(II) solely for the purpose of completing a business
combination transaction (as defined under section 230.165(f)
of title 17, Code of Federal Regulations) among one or more
entities other than the company itself, none of which is a
shell company.

``(ii) Control.--The term `control' means the power,
directly or indirectly, to direct the management or policies
of a company, whether through ownership of securities, by
contract, or otherwise. There is a presumption of control for
any person who--

``(I) is a director, general partner, member or manager of
a limited liability company, or corporate officer of a
corporation or limited liability company, and exercises
executive responsibility (or has similar status or
functions);
``(II) has the right to vote 25 percent or more of a class
of voting securities or the power to sell or direct the sale
of 25 percent or more of a class of voting securities; or
``(III) in the case of a partnership or limited liability
company, has the right to receive upon dissolution, or has
contributed, 25 percent or more of the capital.

``(iii) Eligible privately held company.--The term
`eligible privately held company' means a privately held
company that meets both of the following conditions:

``(I) The company does not have any class of securities
registered, or required to be registered, with the Commission
under section 12 or with respect to which the company files,
or is required to file, periodic information, documents, and
reports under subsection (d).
``(II) In the fiscal year ending immediately before the
fiscal year in which the services of the M&A broker are
initially engaged with respect to the securities transaction,
the company meets either or both of the following conditions
(determined in accordance with the historical financial
accounting records of the company):

``(aa) The earnings of the company before interest, taxes,
depreciation, and amortization are less than $25,000,000.
``(bb) The gross revenues of the company are less than
$250,000,000.

For purposes of this subclause, the Commission may by rule
modify the dollar figures if the Commission determines that
such a modification is necessary or appropriate in the public
interest or for the protection of investors.

``(iv) M&A broker.--The term `M&A broker' means a broker,
and any person associated with a broker, engaged in the
business of effecting securities transactions solely in
connection with the transfer of ownership of an eligible
privately held company, regardless of whether the broker acts
on behalf of a seller or buyer, through the purchase, sale,
exchange, issuance, repurchase, or redemption of, or a
business combination involving, securities or assets of the
eligible privately held company, if the broker reasonably
believes that--

``(I) upon consummation of the transaction, any person
acquiring securities or assets of the eligible privately held
company, acting alone or in concert, will control and,
directly or indirectly, will be active in the management of
the eligible privately held company or the business conducted
with the assets of the eligible privately held company; and
``(II) if any person is offered securities in exchange for
securities or assets of the eligible privately held company,
such person will, prior to becoming legally bound to
consummate the transaction, receive or have reasonable access
to the most recent fiscal year-end financial statements of
the issuer of the securities as customarily prepared by the
management of the issuer in the normal course of operations
and, if the financial statements of the issuer are audited,
reviewed, or compiled, any related statement by the
independent accountant, a balance sheet dated not more than
120 days before the date of the offer, and information
pertaining to the management, business, results of operations
for the period covered by the foregoing financial statements,
and material loss contingencies of the issuer.

``(v) Shell company.--The term `shell company' means a
company that at the time of a transaction with an eligible
privately held company--

``(I) has no or nominal operations; and
``(II) has--

``(aa) no or nominal assets;
``(bb) assets consisting solely of cash and cash
equivalents; or
``(cc) assets consisting of any amount of cash and cash
equivalents and nominal other assets.
``(F) Inflation adjustment.--
``(i) In general.--On the date that is 5 years after the
date of the enactment of the Small Business Mergers,
Acquisitions, Sales, and Brokerage Simplification Act of
2018, and every 5 years thereafter, each dollar amount in
subparagraph (E)(ii)(II) shall be adjusted by--

``(I) dividing the annual value of the Employment Cost
Index For Wages and Salaries, Private Industry Workers (or
any successor index), as published by the Bureau of Labor
Statistics, for the calendar year preceding the calendar year
in which the adjustment is being made by the annual value of
such index (or successor) for the calendar year ending
December 31, 2012; and
``(II) multiplying such dollar amount by the quotient
obtained under subclause (I).

``(ii) Rounding.--Each dollar amount determined under
clause (i) shall be rounded to the nearest multiple of
$100,000.''.

effective date

Sec. 905. This subtitle and any amendment made by this
subtitle shall take effect on the date that is 90 days after
the date of the enactment of this Act.

Subtitle D--Mortgage Choice Act

definition of points and fees

Sec. 906. (a) Amendment to Section 103 of TILA.--Section
103(bb)(4) of the Truth in Lending Act (15 U.S.C.
1602(bb)(4)) is amended--
(1) by striking ``paragraph (1)(B)'' and inserting
``paragraph (1)(A) and section 129C'';
(2) in subparagraph (C)--

[[Page H6421]]

(A) by inserting ``and insurance'' after ``taxes'';
(B) in clause (ii), by inserting ``, except as retained by
a creditor or its affiliate as a result of their
participation in an affiliated business arrangement (as
defined in section 2(7) of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2602(7))'' after
``compensation''; and
(C) by striking clause (iii) and inserting the following:
``(iii) the charge is--
``(I) a bona fide third-party charge not retained by the
mortgage originator, creditor, or an affiliate of the
creditor or mortgage originator; or
``(II) a charge set forth in section 106(e)(1);''; and
(3) in subparagraph (D)--
(A) by striking ``accident,''; and
(B) by striking ``or any payments'' and inserting ``and any
payments''.
(b) Amendment to Section 129C of TILA.--Section 129C of the
Truth in Lending Act (15 U.S.C. 1639c) is amended--
(1) in subsection (a)(5)(C), by striking ``103'' and all
that follows through ``or mortgage originator'' and inserting
``103(bb)(4)''; and
(2) in subsection (b)(2)(C)(i), by striking ``103'' and all
that follows through ``or mortgage originator)'' and
inserting ``103(bb)(4)''.

rulemaking

Sec. 907. Not later than the end of the 90-day period
beginning on the date of the enactment of this Act, the
Bureau of Consumer Financial Protection shall issue final
regulations to carry out the amendments made by this
subtitle, and such regulations shall be effective upon
issuance.

Subtitle E--Fair Investment Opportunities for Professional Experts Act

definition of accredited investor

Sec. 908. (a) In General.--Section 2(a)(15) of the
Securities Act of 1933 (15 U.S.C. 77b(a)(15) is amended--
(1) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (F), respectively; and
(2) in subparagraph (A) (as so redesignated), by striking
``; or'' and inserting a semicolon, and inserting after such
subparagraph the following:
``(B) any natural person whose individual net worth, or
joint net worth with that person's spouse, exceeds $1,000,000
(which amount, along with the amounts set forth in
subparagraph (C), shall be adjusted for inflation by the
Commission every 5 years to the nearest $10,000 to reflect
the change in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics) where,
for purposes of calculating net worth under this
subparagraph--
``(i) the person's primary residence shall not be included
as an asset;
``(ii) indebtedness that is secured by the person's primary
residence, up to the estimated fair market value of the
primary residence at the time of the sale of securities,
shall not be included as a liability (except that if the
amount of such indebtedness outstanding at the time of sale
of securities exceeds the amount outstanding 60 days before
such time, other than as a result of the acquisition of the
primary residence, the amount of such excess shall be
included as a liability); and
``(iii) indebtedness that is secured by the person's
primary residence in excess of the estimated fair market
value of the primary residence at the time of the sale of
securities shall be included as a liability;
``(C) any natural person who had an individual income in
excess of $200,000 in each of the 2 most recent years or
joint income with that person's spouse in excess of $300,000
in each of those years and has a reasonable expectation of
reaching the same income level in the current year;
``(D) any natural person who is currently licensed or
registered as a broker or investment adviser by the
Commission, the Financial Industry Regulatory Authority, or
an equivalent self-regulatory organization (as defined in
section 3(a)(26) of the Securities Exchange Act of 1934), or
the securities division of a State or the equivalent State
division responsible for licensing or registration of
individuals in connection with securities activities;
``(E) any natural person the Commission determines, by
regulation, to have demonstrable education or job experience
to qualify such person as having professional knowledge of a
subject related to a particular investment, and whose
education or job experience is verified by the Financial
Industry Regulatory Authority or an equivalent self-
regulatory organization (as defined in section 3(a)(26) of
the Securities Exchange Act of 1934); or''.
(b) Rulemaking.--The Commission shall revise the definition
of accredited investor under Regulation D (17 C.F.R. 230.501
et seq.) to conform with the amendments made by subsection
(a).

Subtitle F--Fostering Innovation Act

temporary exemption for low-revenue issuers

Sec. 909. Section 404 of the Sarbanes-Oxley Act of 2002 (15
U.S.C. 7262) is amended by adding at the end the following:
``(d) Temporary Exemption for Low-Revenue Issuers.--
``(1) Low-revenue exemption.--Subsection (b) shall not
apply with respect to an audit report prepared for an issuer
that--
``(A) ceased to be an emerging growth company on the last
day of the fiscal year of the issuer following the fifth
anniversary of the date of the first sale of common equity
securities of the issuer pursuant to an effective
registration statement under the Securities Act of 1933;
``(B) had average annual gross revenues of less than
$50,000,000 as of its most recently completed fiscal year;
and
``(C) is not a large accelerated filer.
``(2) Expiration of temporary exemption.--An issuer ceases
to be eligible for the exemption described under paragraph
(1) at the earliest of--
``(A) the last day of the fiscal year of the issuer
following the tenth anniversary of the date of the first sale
of common equity securities of the issuer pursuant to an
effective registration statement under the Securities Act of
1933;
``(B) the last day of the fiscal year of the issuer during
which the average annual gross revenues of the issuer exceed
$50,000,000; or
``(C) the date on which the issuer becomes a large
accelerated filer.
``(3) Definitions.--For purposes of this subsection:
``(A) Average annual gross revenues.--The term `average
annual gross revenues' means the total gross revenues of an
issuer over its most recently completed three fiscal years
divided by three.
``(B) Emerging growth company.--The term `emerging growth
company' has the meaning given such term under section 3 of
the Securities Exchange Act of 1934 (15 U.S.C. 78c).
``(C) Large accelerated filer.--The term `large accelerated
filer' has the meaning given that term under section 240.12b-
2 of title 17, Code of Federal Regulations, or any successor
thereto.''.

Subtitle G--End Banking for Human Traffickers Act

increasing the role of the financial industry in combating human
trafficking

Sec. 910. (a) Treasury as a Member of the President's
Interagency Task Force To Monitor and Combat Trafficking.--
Section 105(b) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by
inserting ``the Secretary of the Treasury,'' after ``the
Secretary of Education,''.
(b) Required Review of Procedures.--Not later than 180 days
after the date of the enactment of this Act, the Financial
Institutions Examination Council, in consultation with the
Secretary of the Treasury, the private sector, and
appropriate law enforcement agencies, shall--
(1) review and enhance training and examinations procedures
to improve the capabilities of anti-money laundering and
countering the financing of terrorism programs to detect
financial transactions relating to severe forms of
trafficking in persons;
(2) review and enhance procedures for referring potential
cases relating to severe forms of trafficking in persons to
the appropriate law enforcement agency; and
(3) determine, as appropriate, whether requirements for
financial institutions are sufficient to detect and deter
money laundering relating to severe forms of trafficking in
persons.
(c) Interagency Task Force Recommendations Targeting Money
Laundering Related to Human Trafficking.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Interagency Task Force to
Monitor and Combat Trafficking shall submit to the Committee
on Financial Services and the Committee on the Judiciary of
the House of Representatives, the Committee on Banking,
Housing, and Urban Affairs and the Committee on the Judiciary
of the Senate, and the head of each appropriate Federal
banking agency--
(A) an analysis of anti-money laundering efforts of the
United States Government and United States financial
institutions relating to severe forms of trafficking in
persons; and
(B) appropriate legislative, administrative, and other
recommendations to strengthen efforts against money
laundering relating to severe forms of trafficking in
persons.
(2) Required recommendations.--The recommendations under
paragraph (1) shall include--
(A) feedback from financial institutions on best practices
of successful programs to combat severe forms of trafficking
in persons currently in place that may be suitable for
broader adoption by similarly situated financial
institutions;
(B) feedback from stakeholders, including victims of severe
forms of trafficking in persons and financial institutions,
on policy proposals derived from the analysis conducted by
the task force referred to in paragraph (1) that would
enhance the efforts and programs of financial institutions to
detect and deter money laundering relating to severe forms of
trafficking in persons, including any recommended changes to
internal policies, procedures, and controls relating to
severe forms of trafficking in persons;
(C) any recommended changes to training programs at
financial institutions to better equip employees to deter and
detect money laundering relating to severe forms of
trafficking in persons;
(D) any recommended changes to expand information sharing
relating to severe forms of trafficking in persons among
financial institutions and between such financial
institutions, appropriate law enforcement agencies, and
appropriate Federal agencies; and

[[Page H6422]]

(E) recommended changes, if necessary, to existing
statutory law to more effectively detect and deter money
laundering relating to severe forms of trafficking in
persons, where such money laundering involves the use of
emerging technologies and virtual currencies.
(d) Limitation.--Nothing in this subtitle shall be
construed to grant rulemaking authority to the Interagency
Task Force to Monitor and Combat Trafficking.
(e) Definitions.--As used in this section--
(1) the term ``appropriate Federal banking agency'' has the
meaning given the term in section 3(q) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(q));
(2) the term ``severe forms of trafficking in persons'' has
the meaning given such term in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102);
(3) the term ``Interagency Task Force to Monitor and Combat
Trafficking'' means the Interagency Task Force to Monitor and
Combat Trafficking established by the President pursuant to
section 105 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103); and
(4) the term ``law enforcement agency'' means an agency of
the United States, a State, or a political subdivision of a
State, authorized by law or by a government agency to engage
in or supervise the prevention, detection, investigation, or
prosecution of any violation of criminal or civil law.

coordination of human trafficking issues by the office of terrorism and
financial intelligence

Sec. 911. (a) Functions.--Section 312(a)(4) of title 31,
United States Code, is amended--
(1) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) combating illicit financing relating to severe forms
of trafficking in persons;''.
(b) Interagency Coordination.--Section 312(a) of title 31,
United States Code, is amended by adding at the end the
following:
``(8) Interagency coordination.--The Secretary of the
Treasury, after consultation with the Undersecretary for
Terrorism and Financial Crimes, shall designate an office
within the OTFI that shall coordinate efforts to combat the
illicit financing of severe forms of trafficking in persons
with--
``(A) other offices of the Department of the Treasury;
``(B) other Federal agencies, including--
``(i) the Office to Monitor and Combat Trafficking in
Persons of the Department of State; and
``(ii) the Interagency Task Force to Monitor and Combat
Trafficking;
``(C) State and local law enforcement agencies; and
``(D) foreign governments.''.
(c) Definition.--Section 312(a) of title 31, United States
Code, as amended by this section, is further amended by
adding at the end the following:
``(9) Definition.--In this subsection, the term `severe
forms of trafficking in persons' has the meaning given such
term in section 103 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102).''.

additional reporting requirement under the trafficking victims
protection act of 2000

Sec. 912. Section 105(d)(7) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting ``the Committee on Financial Services,''
after ``the Committee on Foreign Affairs,''; and
(B) by inserting ``the Committee on Banking, Housing, and
Urban Affairs,'' after ``the Committee on Foreign
Relations,'';
(2) in subparagraph (Q)(vii), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (R), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(S) the efforts of the United States to eliminate money
laundering relating to severe forms of trafficking in persons
and the number of investigations, arrests, indictments, and
convictions in money laundering cases with a nexus to severe
forms of trafficking in persons.''.

minimum standards for the elimination of trafficking

Sec. 913. Section 108(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7106(b)) is amended by
adding at the end the following new paragraph:
``(13) Whether the government of the country, consistent
with the capacity of the country, has in effect a framework
to prevent financial transactions involving the proceeds of
severe forms of trafficking in persons, and is taking steps
to implement such a framework, including by investigating,
prosecuting, convicting, and sentencing individuals who
attempt or conduct such transactions.''.

Subtitle H--Investing in Main Street Act

investment in small business investment companies

Sec. 914. Section 302(b) of the Small Business Investment
Act of 1958 (15 U.S.C. 682(b)) is amended--
(1) in paragraph (1), by inserting before the period the
following: ``or, subject to the approval of the appropriate
Federal banking agency, 15 percent of such capital and
surplus'';
(2) in paragraph (2), by inserting before the period the
following: ``or, subject to the approval of the appropriate
Federal banking agency, 15 percent of such capital and
surplus''; and
(3) by adding at the end the following:
``(3) Appropriate federal banking agency defined.--For
purposes of this subsection, the term `appropriate Federal
banking agency' has the meaning given that term under section
3 of the Federal Deposit Insurance Act.''.

Subtitle I--Privacy Notification Technical Clarification Act

exception to annual notice requirement

Sec. 915. Section 503 of the Gramm-Leach-Bliley Act (15
U.S.C. 6803) is amended by adding at the end the following:
``(g) Additional Exception to Annual Notice Requirement.--
``(1) In general.--A vehicle financial company that has not
changed its policies and practices with regard to disclosing
nonpublic personal information from the policies and
practices that were disclosed in the most recent disclosure
sent to consumers in accordance with this section shall not
be required to provide an annual disclosure under this
section if--
``(A) the vehicle financial company makes its current
policy available to consumers on its website and via mail
upon written request sent to a designated address identified
for the purpose of requesting the policy or upon telephone
request made using a toll free consumer service telephone
number;
``(B) the vehicle financial company conspicuously notifies
consumers of the availability of the current policy,
including--
``(i) with respect to consumers who are entitled to a
periodic billing statement, a message on the front page of
each periodic billing statement; and
``(ii) with respect to consumers who are not entitled to a
periodic billing statement, through other reasonable means
such as through a link on the landing page of the company's
website or with other written communication, including
electronic communication, sent to the consumer; and
``(C) the vehicle financial company--
``(i) provides consumers with the ability to opt out,
subject to any exemption or exception provided under
subsection (b)(2) or (e) of section 502 or under regulations
prescribed under section 504(b), of having the consumer's
nonpublic personal information disclosed to a nonaffiliated
third party; and
``(ii) includes a description about where to locate the
procedures for a consumer to select such opt out in each
periodic billing statement sent to the consumer.
``(2) Treatment of multiple policies.--If a vehicle
financial company maintains more than one set of policies
described under paragraph (1) that vary depending on the
consumer's account status or State of residence, the vehicle
financial company may comply with the website posting
requirement in paragraph (1)(A) by posting all of such
policies to the public section of the vehicle financial
company's website, with instructions for choosing the
applicable policy.
``(3) Vehicle financial company defined.--For purposes of
this subsection, the term `vehicle financial company' means--
``(A) a financial institution that--
``(i) is regularly engaged in the business of extending
credit for the purchase of vehicles;
``(ii) is affiliated with a vehicle manufacturer; and
``(iii) only shares nonpublic personal information of
consumers with nonaffiliated third parties that are vehicle
dealers; or
``(B) a financial institution that--
``(i) regularly engages in the business of extending credit
for the purchase or lease of vehicles from vehicle dealers;
or
``(ii) purchases vehicle installment sales contracts or
leases from vehicle dealers.''.

Subtitle II--Financial Institution Customer Protection Act

requirements for deposit account termination requests and orders

Sec. 916. (a) Termination Requests or Orders Must Be
Valid.--
(1) In general.--An appropriate Federal banking agency may
not formally or informally request or order a depository
institution to terminate a specific customer account or group
of customer accounts or to otherwise restrict or discourage a
depository institution from entering into or maintaining a
banking relationship with a specific customer or group of
customers unless--
(A) the agency has a valid reason for such request or
order; and
(B) such reason is not based solely on reputation risk.
(2) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific
customer or group of customers is, or is acting as a conduit
for, an entity which--
(A) poses a threat to national security;
(B) is involved in terrorist financing;
(C) is an agency of the Government of Iran, North Korea,
Syria, or any country listed from time to time on the State
Sponsors of Terrorism list;
(D) is located in, or is subject to the jurisdiction of,
any country specified in subparagraph (C); or
(E) does business with any entity described in subparagraph
(C) or (D), unless the appropriate Federal banking agency
determines that the customer or group of customers has used
due diligence to avoid doing business with any entity
described in subparagraph (C) or (D),
such belief shall satisfy the requirement under paragraph
(1).

[[Page H6423]]

(b) Notice Requirement.--
(1) In general.--If an appropriate Federal banking agency
formally or informally requests or orders a depository
institution to terminate a specific customer account or a
group of customer accounts, the agency shall--
(A) provide such request or order to the institution in
writing; and
(B) accompany such request or order with a written
justification for why such termination is needed, including
any specific laws or regulations the agency believes are
being violated by the customer or group of customers, if any.
(2) Justification requirement.--A justification described
under paragraph (1)(B) may not be based solely on the
reputation risk to the depository institution.
(c) Customer Notice.--
(1) Notice required.--Except as provided under paragraph
(2) or as otherwise prohibited from being disclosed by law,
if an appropriate Federal banking agency orders a depository
institution to terminate a specific customer account or a
group of customer accounts, the depository institution shall
inform the specific customer or group of customers of the
justification for the customer's account termination
described under subsection (b).
(2) Notice prohibited.--
(A) Notice prohibited in cases of national security.--If an
appropriate Federal banking agency requests or orders a
depository institution to terminate a specific customer
account or a group of customer accounts based on a belief
that the customer or customers pose a threat to national
security, or are otherwise described under subsection (a)(2),
neither the depository institution nor the appropriate
Federal banking agency may inform the customer or customers
of the justification for the customer's account termination.
(B) Notice prohibited in other cases.--If an appropriate
Federal banking agency determines that the notice required
under paragraph (1) may interfere with an authorized criminal
investigation, neither the depository institution nor the
appropriate Federal banking agency may inform the specific
customer or group of customers of the justification for the
customer's account termination.
(d) Reporting Requirement.--Each appropriate Federal
banking agency shall issue an annual report to the Congress
stating--
(1) the aggregate number of specific customer accounts that
the agency requested or ordered a depository institution to
terminate during the previous year; and
(2) the legal authority on which the agency relied in
making such requests and orders and the frequency on which
the agency relied on each such authority.
(e) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(A) the appropriate Federal banking agency, as defined
under section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813); and
(B) the National Credit Union Administration, in the case
of an insured credit union.
(2) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution, as defined under section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) an insured credit union.

Subtitle III--Encouraging Public Offerings Act

expanding testing the waters and confidential submissions

Sec. 917. The Securities Act of 1933 (15 U.S.C. 77a et
seq.) is amended--
(1) in section 5(d)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding'';
(B) by striking ``an emerging growth company or any person
authorized to act on behalf of an emerging growth company''
and inserting ``an issuer or any person authorized to act on
behalf of an issuer''; and
(C) by adding at the end the following:
``(2) Additional requirements.--
``(A) In general.--The Commission may issue regulations,
subject to public notice and comment, to impose such other
terms, conditions, or requirements on the engaging in oral or
written communications described under paragraph (1) by an
issuer other than an emerging growth company as the
Commission determines appropriate.
``(B) Report to congress.--Prior to any rulemaking
described under subparagraph (A), the Commission shall issue
a report to the Congress containing a list of the findings
supporting the basis of such rulemaking.''; and
(2) in section 6(e)--
(A) in the heading, by striking ``Emerging Growth
Companies'' and inserting ``Draft Registration Statements'';
(B) by redesignating paragraph (2) as paragraph (4); and
(C) by striking paragraph (1) and inserting the following:
``(1) Prior to initial public offering.--Any issuer, prior
to its initial public offering date, may confidentially
submit to the Commission a draft registration statement, for
confidential nonpublic review by the staff of the Commission
prior to public filing, provided that the initial
confidential submission and all amendments thereto shall be
publicly filed with the Commission not later than 15 days
before the date on which the issuer conducts a road show (as
defined under section 230.433(h)(4) of title 17, Code of
Federal Regulations) or, in the absence of a road show, at
least 15 days prior to the requested effective date of the
registration statement.
``(2) Within 1 year after initial public offering or
exchange registration.--Any issuer, within the 1-year period
following its initial public offering or its registration of
a security under section 12(b) of the Securities Exchange Act
of 1934, may confidentially submit to the Commission a draft
registration statement, for confidential nonpublic review by
the staff of the Commission prior to public filing, provided
that the initial confidential submission and all amendments
thereto shall be publicly filed with the Commission not later
than 15 days before the date on which the issuer conducts a
road show (as defined under section 230.433(h)(4) of title
17, Code of Federal Regulations) or, in the absence of a road
show, at least 15 days prior to the requested effective date
of the registration statement.
``(3) Additional requirements.--
``(A) In general.--The Commission may issue regulations,
subject to public notice and comment, to impose such other
terms, conditions, or requirements on the submission of draft
registration statements described under this subsection by an
issuer other than an emerging growth company as the
Commission determines appropriate.
``(B) Report to congress.--Prior to any rulemaking
described under subparagraph (A), the Commission shall issue
a report to the Congress containing a list of the findings
supporting the basis of such rulemaking.''.

Subtitle IV--Risk-Based Credit Examination Act

risk-based examinations of nationally recognized statistical rating
organizations

Sec. 918.
Section 15E(p)(3)(B) of the Securities Exchange Act of 1934
(15 U.S.C. 78o-7(p)(3)(B)) is amended in the matter preceding
clause (i), by inserting ``, as appropriate,'' after ``Each
examination under subparagraph (A) shall include''.

Subtitle V--Protection of Source Code Act

procedure for obtaining certain intellectual property

Sec. 919. (a) Persons Under Securities Act of 1933.--
Section 8 of the Securities Act of 1933 (15 U.S.C. 77h) is
amended by adding at the end the following:
``(g) Procedure for Obtaining Certain Intellectual
Property.--The Commission is not authorized to compel under
this title a person to produce or furnish source code,
including algorithmic trading source code or similar
intellectual property that forms the basis for design of the
source code, to the Commission unless the Commission first
issues a subpoena.''.
(b) Persons Under the Securities Exchange Act of 1934.--
Section 23 of the Securities Exchange Act of 1934 (15 U.S.C.
78w) is amended by adding at the end the following:
``(e) Procedure for Obtaining Certain Intellectual
Property.--The Commission is not authorized to compel under
this title a person to produce or furnish source code,
including algorithmic trading source code or similar
intellectual property that forms the basis for design of the
source code, to the Commission unless the Commission first
issues a subpoena.''.
(c) Investment Companies.--Section 31 of the Investment
Company Act of 1940 (15 U.S.C. 80a-30) is amended by adding
at the end the following:
``(e) Procedure for Obtaining Certain Intellectual
Property.--The Commission is not authorized to compel under
this title an investment company to produce or furnish source
code, including algorithmic trading source code or similar
intellectual property that forms the basis for design of the
source code, to the Commission unless the Commission first
issues a subpoena.''.
(d) Investment Advisers.--Section 204 of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by adding at the end the following:
``(f) Procedure for Obtaining Certain Intellectual
Property.--The Commission is not authorized to compel under
this title an investment adviser to produce or furnish source
code, including algorithmic trading source code or similar
intellectual property that forms the basis for design of the
source code, to the Commission unless the Commission first
issues a subpoena.''; and
(2) in the second subsection (d), by striking ``(d)'' and
inserting ``(e)''.

Subtitle VI--Family Office Technical Correction Act

accredited investor clarification

Sec. 920. (a) In General.--Subject to subsection (b), any
family office or a family client of a family office, as
defined in section 275.202(a)(11)(G)-1 of title 17, Code of
Federal Regulations, shall be deemed to be an accredited
investor, as defined in Regulation D of the Securities and
Exchange Commission (or any successor thereto) under the
Securities Act of 1933.
(b) Limitation.--Subsection (a) only applies to a family
office with assets under management in excess of $5,000,000,
and a family office or a family client not formed for the
specific purpose of acquiring the securities offered, and
whose purchase is directed by a person who has such knowledge

[[Page H6424]]

and experience in financial and business matters that such
person is capable of evaluating the merits and risks of the
prospective investment.

Subtitle VII--Market Data Protection Act

internal risk controls

Sec. 921. The Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.) is amended--
(1) by inserting after section 4E the following:

``SEC. 4F. INTERNAL RISK CONTROLS.

``(a) In General.--Each of the following entities, in
consultation with the Chief Economist, shall develop
comprehensive internal risk control mechanisms to safeguard
and govern the storage of all market data by such entity, all
market data sharing agreements of such entity, and all
academic research performed at such entity using market data:
``(1) The Commission.
``(2) Each national securities association registered
pursuant to section 15A.
``(3) The operator of the consolidated audit trail created
by a national market system plan approved pursuant to section
242.613 of title 17, Code of Federal Regulations (or any
successor regulation).
``(b) Consolidated Audit Trail Prohibited From Accepting
Market Data Until Mechanisms Developed.--The operator
described in paragraph (3) of subsection (a) may not accept
market data (or shall cease accepting market data) until the
operator has developed the mechanisms required by such
subsection. Any requirement for a person to provide market
data to the operator shall not apply during any time when the
operator is prohibited by this subsection from accepting such
data.
``(c) Treatment of Previously Developed Mechanisms.--The
development of comprehensive internal risk control mechanisms
required by subsection (a) may occur, in whole or in part,
before the date of the enactment of this section, if such
development and such mechanisms meet the requirements of such
subsection (including consultation with the Chief
Economist).''; and
(2) in section 3(a)--
(A) by redesignating the second paragraph (80) (relating to
funding portals) as paragraph (81); and
(B) by adding at the end the following:
``(82) Chief economist.--The term `Chief Economist' means
the Director of the Division of Economic and Risk Analysis,
or an employee of the Commission with comparable authority,
as determined by the Commission.''.

Subtitle VIII--Financial Stability Oversight Council Improvement Act

sifi designation process

Sec. 922. Section 113 of the Financial Stability Act of
2010 (12 U.S.C. 5323) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (J), by striking ``and'' at the end;
(B) by redesignating subparagraph (K) as subparagraph (L);
and
(C) by inserting after subparagraph (J) the following:
``(K) the appropriateness of the imposition of prudential
standards as opposed to other forms of regulation to mitigate
the identified risks; and'';
(2) in subsection (b)(2)--
(A) in subparagraph (J), by striking ``and'' at the end;
(B) by redesignating subparagraph (K) as subparagraph (L);
(C) by inserting after subparagraph (J) the following:
``(K) the appropriateness of the imposition of prudential
standards as opposed to other forms of regulation to mitigate
the identified risks; and''; and
(3) by amending subsection (d) to read as follows:
``(d) Reevaluation and Rescission.--
``(1) Annual reevaluation.--Not less frequently than
annually, the Council shall reevaluate each determination
made under subsections (a) and (b) with respect to a nonbank
financial company supervised by the Board of Governors and
shall--
``(A) provide written notice to the nonbank financial
company being reevaluated and afford such company an
opportunity to submit written materials, within such time as
the Council determines to be appropriate (but which shall be
not less than 30 days after the date of receipt by the
company of such notice), to contest the determination,
including materials concerning whether, in the company's
view, material financial distress at the company, or the
nature, scope, size, scale, concentration,
interconnectedness, or mix of the activities of the company
could pose a threat to the financial stability of the United
States;
``(B) provide an opportunity for the nonbank financial
company to meet with the Council to present the information
described in subparagraph (A); and
``(C) if the Council does not rescind the determination,
provide notice to the nonbank financial company, its primary
financial regulatory agency and the primary financial
regulatory agency of any of the company's significant
subsidiaries of the reasons for the Council's decision, which
notice shall address with specificity how the Council
assessed the material factors presented by the company under
subparagraphs (A) and (B).
``(2) Periodic reevaluation.--
``(A) Review.--Every 5 years after the date of a final
determination with respect to a nonbank financial company
under subsection (a) or (b), as applicable, the nonbank
financial company may submit a written request to the Council
for a reevaluation of such determination. Upon receipt of
such a request, the Council shall conduct a reevaluation of
such determination and hold a vote on whether to rescind such
determination.
``(B) Procedures.--Upon receipt of a written request under
paragraph (A), the Council shall fix a time (not earlier than
30 days after the date of receipt of the request) and place
at which such company may appear, personally or through
counsel, to--
``(i) submit written materials (which may include a plan to
modify the company's business, structure, or operations,
which shall specify the length of the implementation period);
and
``(ii) provide oral testimony and oral argument before the
members of the Council.
``(C) Treatment of plan.--If the company submits a plan in
accordance with subparagraph (B)(i), the Council shall
consider whether the plan, if implemented, would cause the
company to no longer meet the standards for a final
determination under subsection (a) or (b), as applicable. The
Council shall provide the nonbank financial company an
opportunity to revise the plan after consultation with the
Council.
``(D) Explanation for certain companies.--With respect to a
reevaluation under this paragraph where the determination
being reevaluated was made before the date of enactment of
this paragraph, the nonbank financial company may require the
Council, as part of such reevaluation, to explain with
specificity the basis for such determination.
``(3) Rescission of determination.--
``(A) In general.--If the Council, by a vote of not fewer
than \2/3\ of the voting members then serving, including an
affirmative vote by the Chairperson, determines under this
subsection that a nonbank financial company no longer meets
the standards for a final determination under subsection (a)
or (b), as applicable, the Council shall rescind such
determination.
``(B) Approval of company plan.--Approval by the Council of
a plan submitted or revised in accordance with paragraph (2)
shall require a vote of not fewer than \2/3\ of the voting
members then serving, including an affirmative vote by the
Chairperson. If such plan is approved by the Council, the
company shall implement the plan during the period identified
in the plan, except that the Council, in its sole discretion
and upon request from the company, may grant one or more
extensions of the implementation period. After the end of the
implementation period, including any extensions granted by
the Council, the Council shall proceed to a vote as described
under subparagraph (A).'';
(4) by amending subsection (e) to read as follows:
``(e) Requirements for Proposed Determination, Notice and
Opportunity for Hearing, and Final Determination.--
``(1) Notice of identification for initial evaluation and
opportunity for voluntary submission.--Upon identifying a
nonbank financial company for comprehensive analysis of the
potential for the nonbank company to pose a threat to the
financial stability of the United States, the Council shall
provide the nonbank financial company with--
``(A) written notice that explains with specificity the
basis for so identifying the company, a copy of which shall
be provided to the company's primary financial regulatory
agency;
``(B) an opportunity to submit written materials for
consideration by the Council as part of the Council's initial
evaluation of the risk profile and characteristics of the
company;
``(C) an opportunity to meet with the Council to discuss
the Council's analysis; and
``(D) a list of the public sources of information being
considered by the Council as part of such analysis.
``(2) Requirements before making a proposed
determination.--Before making a proposed determination with
respect to a nonbank financial company under paragraph (3),
the Council shall--
``(A) by a vote of not fewer than \2/3\ of the voting
members then serving, including an affirmative vote by the
Chairperson, approve a resolution that identifies with
specificity any risks to the financial stability of the
United States the Council has identified relating to the
nonbank financial company;
``(B) with respect to nonbank financial company with a
primary financial regulatory agency, provide a copy of the
resolution described under subparagraph (A) to the primary
financial regulatory agency and provide such agency with at
least 180 days from the receipt of the resolution to--
``(i) consider the risks identified in the resolution; and
``(ii) provide a written response to the Council that
includes its assessment of the risks identified and the
degree to which they are or could be addressed by existing
regulation and, as appropriate, issue proposed regulations or
undertake other regulatory action to mitigate the identified
risks;
``(C) provide the nonbank financial company with written
notice that the Council--
``(i) is considering whether to make a proposed
determination with respect to the nonbank financial company
under subsection (a) or (b), as applicable, which notice
explains with specificity the basis for the

[[Page H6425]]

Council's consideration, including any aspects of the
company's operations or activities that are a primary focus
for the Council; or
``(ii) has determined not to subject the company to further
review, which action shall not preclude the Council from
issuing a notice to the company under subparagraph (1)(A) at
a future time; and
``(D) in the case of a notice to the nonbank financial
company under subparagraph (C)(i), provide the company with--
``(i) an opportunity to meet with the Council to discuss
the Council's analysis;
``(ii) an opportunity to submit written materials, within
such time as the Council deems appropriate (but not less than
30 days after the date of receipt by the company of the
notice described under clause (i)), to the Council to inform
the Council's consideration of the nonbank financial company
for a proposed determination, including materials concerning
the company's views as to whether it satisfies the standard
for determination set forth in subsection (a) or (b), as
applicable;
``(iii) an explanation of how any request by the Council
for information from the nonbank financial company relates to
potential risks to the financial stability of the United
States and the Council's analysis of the company;
``(iv) written notice when the Council deems its
evidentiary record regarding such nonbank financial company
to be complete; and
``(v) an opportunity to meet with the members of the
Council.
``(3) Proposed determination.--
``(A) Voting.--The Council may, by a vote of not fewer than
\2/3\ of the voting members then serving, including an
affirmative vote by the Chairperson, propose to make a
determination in accordance with the provisions of subsection
(a) or (b), as applicable, with respect to a nonbank
financial company.
``(B) Deadline for making a proposed determination.--With
respect to a nonbank financial company provided with a
written notice under paragraph (2)(C)(i), if the Council does
not provide the company with the written notice of a proposed
determination described under paragraph (4) within the 180-
day period following the date on which the Council notifies
the company under paragraph (2)(C) that the evidentiary
record is complete, the Council may not make such a proposed
determination with respect to such company unless the Council
repeats the procedures described under paragraph (2).
``(C) Review of actions of primary financial regulatory
agency.--With respect to a nonbank financial company with a
primary financial regulatory agency, the Council may not vote
under subparagraph (A) to make a proposed determination
unless--
``(i) the Council first determines that any proposed
regulations or other regulatory actions taken by the primary
financial regulatory agency after receipt of the resolution
described under paragraph (2)(A) are insufficient to mitigate
the risks identified in the resolution;
``(ii) the primary financial regulatory agency has notified
the Council that the agency has no proposed regulations or
other regulatory actions to mitigate the risks identified in
the resolution; or
``(iii) the period allowed by the Council under paragraph
(2)(B) has elapsed and the primary financial regulatory
agency has taken no action in response to the resolution.
``(4) Notice of proposed determination.--The Council
shall--
``(A) provide to a nonbank financial company written notice
of a proposed determination of the Council, including an
explanation of the basis of the proposed determination of the
Council, that a nonbank financial company shall be supervised
by the Board of Governors and shall be subject to prudential
standards in accordance with this title, an explanation of
the specific risks to the financial stability of the United
States presented by the nonbank financial company, and a
detailed explanation of why existing regulations or other
regulatory action by the company's primary financial
regulatory agency, if any, is insufficient to mitigate such
risk; and
``(B) provide the primary financial regulatory agency of
the nonbank financial company a copy of the nonpublic written
explanation of the Council's proposed determination.
``(5) Hearing.--
``(A) In general.--Not later than 30 days after the date of
receipt of any notice of a proposed determination under
paragraph (4), the nonbank financial company may request, in
writing, an opportunity for a written or oral hearing before
the Council to contest the proposed determination, including
the opportunity to present a plan to modify the company's
business, structure, or operations in order to mitigate the
risks identified in the notice, and which plan shall also
include any steps the company expects to take during the
implementation period to mitigate such risks.
``(B) Grant of hearing.--Upon receipt of a timely request,
the Council shall fix a time (not earlier than 30 days after
the date of receipt of the request) and place at which such
company may appear, personally or through counsel, to--
``(i) submit written materials (which may include a plan to
modify the company's business, structure, or operations); or
``(ii) provide oral testimony and oral argument to the
members of the Council.
``(6) Council consideration of company plan.--
``(A) In general.--If a nonbank financial company submits a
plan in accordance with paragraph (5), the Council shall,
prior to making a final determination--
``(i) consider whether the plan, if implemented, would
mitigate the risks identified in the notice under paragraph
(4); and
``(ii) provide the nonbank financial company an opportunity
to revise the plan after consultation with the Council.
``(B) Voting.--Approval by the Council of a plan submitted
under paragraph (5) or revised under subparagraph (A)(ii)
shall require a vote of not fewer than \2/3\ of the voting
members then serving, including an affirmative vote by the
Chairperson.
``(C) Implementation of approved plan.--With respect to a
nonbank financial company's plan approved by the Council
under subparagraph (B), the company shall have one year to
implement the plan, except that the Council, in its sole
discretion and upon request from the nonbank financial
company, may grant one or more extensions of the
implementation period.
``(D) Oversight of implementation.--
``(i) Periodic reports.--The Council, acting through the
Office of Financial Research, may require the submission of
periodic reports from a nonbank financial company for the
purpose of evaluating the company's progress in implementing
a plan approved by the Council under subparagraph (B).
``(ii) Inspections.--The Council may direct the primary
financial regulatory agency of a nonbank financial company or
its subsidiaries (or, if none, the Board of Governors) to
inspect the company or its subsidiaries for the purpose of
evaluating the implementation of the company's plan.
``(E) Authority to rescind approval.--
``(i) In general.--During the implementation period
described under subparagraph (C), including any extensions
granted by the Council, the Council shall retain the
authority to rescind its approval of the plan if the Council
finds, by a vote of not fewer than \2/3\ of the voting
members then serving, including an affirmative vote by the
Chairperson, that the company's implementation of the plan is
no longer sufficient to mitigate or prevent the risks
identified in the resolution described under paragraph
(2)(A).
``(ii) Final determination vote.--The Council may proceed
to a vote on final determination under subsection (a) or (b),
as applicable, not earlier than 10 days after providing the
nonbank financial company with written notice that the
Council has rescinded the approval of the company's plan
pursuant to clause (i).
``(F) Actions after implementation.--
``(i) Evaluation of implementation.--After the end of the
implementation period described under subparagraph (C),
including any extensions granted by the Council, the Council
shall consider whether the plan, as implemented by the
nonbank financial company, adequately mitigates or prevents
the risks identified in the resolution described under
paragraph (2)(A).
``(ii) Voting.--If, after performing an evaluation under
clause (i), not fewer than \2/3\ of the voting members of the
Council then serving, including an affirmative vote by the
Chairperson, determine that the plan, as implemented,
adequately mitigates or prevents the identified risks, the
Council shall not make a final determination under subsection
(a) or (b), as applicable, with respect to the nonbank
financial company and shall notify the company of the
Council's decision to take no further action.
``(7) Final council decisions.--
``(A) In general.--Not later than 90 days after the date of
a hearing under paragraph (5), the Council shall notify the
nonbank financial company of--
``(i) a final determination under subsection (a) or (b), as
applicable;
``(ii) the Council's approval of a plan submitted by the
nonbank financial company under paragraph (5) or revised
under paragraph (6); or
``(iii) the Council's decision to take no further action
with respect to the nonbank financial company.
``(B) Explanatory statement.--A final determination of the
Council, under subsection (a) or (b), shall contain a
statement of the basis for the decision of the Council,
including the reasons why the Council rejected any plan by
the nonbank financial company submitted under paragraph (5)
or revised under paragraph (6).
``(C) Notice to primary financial regulatory agency.--In
the case of a final determination under subsection (a) or
(b), the Council shall provide the primary financial
regulatory agency of the nonbank financial company a copy of
the nonpublic written explanation of the Council's final
determination.'';
(5) in subsection (g), strike ``before the Council makes
any final determination'' and insert ``from the outset of the
Council's consideration of the company, including before the
Council makes any proposed or final determination''; and
(6) by adding at the end the following:
``(j) Public Disclosure Requirement.--The Council shall--
``(1) in each case where a nonbank financial company has
been notified that it is subject to the Council's review and
the company has publicly disclosed such fact, confirm that
the nonbank financial company is subject to the Council's
review, in response to a request from a third party;

[[Page H6426]]

``(2) upon making a final determination, publicly provide a
written explanation of the basis for its decision with
sufficient detail to provide the public with an understanding
of the specific bases of the Council's determination,
including any assumptions related thereof, subject to the
requirements of section 112(d)(5);
``(3) include, in the annual report required by section
112, the number of nonbank financial companies from the
previous year subject to preliminary analysis, further
review, and subject to a proposed or final determination; and
``(4) within 90 days after the enactment of this
subsection, publish information regarding its methodology for
calculating any quantitative thresholds or other metrics used
to identify nonbank financial companies for analysis by the
Council.
``(k) Periodic Assessment of the Impact of Designations.--
``(1) Assessment.--Every five years after the date of
enactment of this section, the Council shall--
``(A) conduct a study of the Council's determinations that
nonbank financial companies shall be supervised by the Board
of Governors and shall be subject to prudential standards;
and
``(B) comprehensively assess the impact of such
determinations on the companies for which such determinations
were made and the wider economy, including whether such
determinations are having the intended result of improving
the financial stability of the United States.
``(2) Report.--Not later than 90 days after completing a
study required under paragraph (1), the Council shall issue a
report to the Congress that--
``(A) describes all findings and conclusions made by the
Council in carrying out such study; and
``(B) identifies whether any of the Council's
determinations should be rescinded or whether related
regulations or regulatory guidance should be modified,
streamlined, expanded, or repealed.''.

rule of construction

Sec. 923. None of the amendments made by this subtitle may
be construed as limiting the Financial Stability Oversight
Council's emergency powers under section 113(f) of the
Financial Stability Act of 2010 (12 U.S.C. 5323(f)).

Subtitle IX--Expanding Access to Capital for Rural Job Creators Act

access to capital for rural-area small businesses

Sec. 925.
Section 4(j) of the Securities Exchange Act of 1934 (15
U.S.C. 78d(j)) is amended--
(1) in paragraph(4)(C), by inserting ``rural-area small
businesses,'' after ``women-owned small businesses,''; and
(2) in paragraph (6)(B)(iii), by inserting ``rural-area
small businesses,'' after ``women-owned small businesses,''.

Subtitle X--Volcker Rule Regulatory Harmonization Act

rulemaking authority under the volcker rule

Sec. 926.
(a) In General.--Paragraph (2) of section 13(b) of the Bank
Holding Company Act of 1956 (12 U.S.C. 1851(b)(2)) is amended
to read as follows:
``(2) Rulemaking.--
``(A) In general.--The Board may, as appropriate, consult
with the Comptroller of the Currency, the Federal Deposit
Insurance Corporation, the Securities and Exchange
Commission, or the Commodity Futures Trading Commission to
adopt rules or guidance to carry out this section, as
provided in subparagraph (B).
``(B) Rulemaking requirements.--In adopting a rule or
guidance under subparagraph (A), the Board--
``(i) shall consider the findings of the report required in
paragraph (1) and, as appropriate, subsequent reports;
``(ii) shall assure, to the extent possible, that such rule
or guidance provide for consistent application and
implementation of the applicable provisions of this section
to avoid providing advantages or imposing disadvantages to
the companies affected by this subsection and to protect the
safety and soundness of banking entities and nonbank
financial companies supervised by the Board; and
``(iii) shall include requirements to ensure compliance
with this section, such as requirements regarding internal
controls and recordkeeping.
``(C) Authority.--The Board shall have sole authority to
issue and amend rules under this section after the date of
the enactment of this paragraph.
``(D) Conforming authority.--
``(i) Continuity of regulations.--Any rules or guidance
issued under this section prior to the date of enactment of
this paragraph shall continue in effect until the Board
issues a successor rule or guidance, or amends such rule or
guidance, pursuant to subparagraph (C).
``(ii) Applicable guidance.--In performing examinations or
other supervisory duties, the appropriate Federal banking
agencies, the Securities and Exchange Commission, and the
Commodity Futures Trading Commission, as appropriate, shall
update any applicable policies and procedures to ensure that
such policies and procedures are consistent (to the extent
practicable) with any rules or guidance issued pursuant to
subparagraph (C).''.
(b) Conforming Amendments.--Section 13 of the Bank Holding
Company Act of 1956 (12 U.S.C. 1851) is amended--
(1) by striking ``the appropriate Federal banking agencies,
the Securities and Exchange Commission, and the Commodity
Futures Trading Commission,'' each place it appears and
inserting ``the Board'';
(2) by striking ``appropriate Federal banking agencies, the
Securities and Exchange Commission, and the Commodity Futures
Trading Commission'' each place it appears and inserting
``Board'';
(3) in subsection (c)(5), by striking ``Notwithstanding
paragraph (2)'' and all that follows through ``provided in
subsection (b)(2),'' and inserting ``The Board shall have the
authority''; and
(4) in subsection (d)(1)--
(A) in subparagraph (F)(ii)--
(i) by striking ``the appropriate Federal banking
agencies'' and inserting ``the Board''; and
(ii) by striking ``have not jointly'' and inserting ``has
not''; and
(B) in subparagraph (G)(viii), by striking ``appropriate
Federal banking agencies, the Securities and Exchange
Commission, or the Commodity Futures Trading Commission,''
and inserting ``Board,''.

enforcement; anti-evasion

Sec. 927. (a) In General.--Subsection (e) of section 13 of
the Bank Holding Company Act of 1956 (12 U.S.C. 1851(e)) is
amended to read as follows:
``(e) Enforcement; Anti-Evasion.--
``(1) Appropriate federal banking agency.--Notwithstanding
any other provision of law except for any rules or guidance
issued under subsection (b)(2), whenever the appropriate
Federal banking agency has reasonable cause to believe that a
banking entity or nonbank financial company supervised by the
Board has made an investment or engaged in an activity in a
manner that either violates the restrictions under this
section, or that functions as an evasion of the requirements
of this section (including through an abuse of any permitted
activity), such appropriate Federal banking agency shall
order, after due notice and opportunity for hearing, the
banking entity or nonbank financial company supervised by the
Board to terminate the activity and, as relevant, dispose of
the investment.
``(2) Securities and exchange commission and commodity
futures trading commission.--
``(A) In general.--Notwithstanding any other provision of
law except for any rules or guidance issued under subsection
(b)(2), whenever the Securities and Exchange Commission or
the Commodity Futures Trading Commission, as appropriate, has
reasonable cause to believe that a covered nonbank financial
company for which the respective agency is the primary
Federal regulator has made an investment or engaged in an
activity in a manner that either violates the restrictions
under this section, or that functions as an evasion of the
requirements of this section (including through an abuse of
any permitted activity), the Securities and Exchange
Commission or the Commodity Futures Trading Commission, as
appropriate, shall order, after due notice and opportunity
for hearing, the covered nonbank financial company to
terminate the activity and, as relevant, dispose of the
investment.
``(B) Covered nonbank financial company defined.--In this
paragraph, the term `covered nonbank financial company' means
a nonbank financial company (as defined in section 102 of the
Financial Stability Act of 2010) supervised by the Securities
and Exchange Commission or the Commodity Futures Trading
Commission, as appropriate.''.
(b) Rule of Construction.--Nothing in this section shall be
construed to abrogate, reduce, or eliminate the backup
authority of the Federal Deposit Insurance Corporation
authority under the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301 et seq.), the Federal
Deposit Insurance Act (12 U.S.C. 1811), or Federal Deposit
Insurance Corporation Improvement Act of 1991.

exclusion of community banks from volcker rule

Sec. 928. Section 13(h)(1) of the Bank Holding Company Act
of 1956 (12 U.S.C. 1851(h)(1)) is amended--
(1) in subparagraph (D), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and adjusting
the margins accordingly;
(2) by redesignating subparagraphs (A), (B), (C), and (D)
as clauses (i), (ii), (iii), and (iv), respectively, and
adjusting the margins accordingly;
(3) in the matter preceding clause (i), as so redesignated,
in the second sentence, by striking ``institution that
functions solely in a trust or fiduciary capacity, if--'' and
inserting the following: ``institution--
``(A) that functions solely in a trust or fiduciary
capacity, if--'';
(4) in clause (iv)(II), as so redesignated, by striking the
period at the end and inserting ``; or''; and
(5) by adding at the end the following:
``(B) that does not have and is not controlled by a company
that has--
``(i) more than $10,000,000,000 in total consolidated
assets; and
``(ii) total trading assets and trading liabilities, as
reported on the most recent applicable regulatory filing
filed by the institution, that are more than 5 percent of
total consolidated assets.''.

[[Page H6427]]

Subtitle XI--Financial Institution Living Will Improvement Act

living will reforms

Sec. 929. (a) In General.--Section 165(d) of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5365(d)) is amended--
(1) in paragraph (1), by striking ``periodically'' and
inserting ``every 2 years''; and
(2) in paragraph (3)--
(A) by striking ``The Board'' and inserting the following:
``(A) In general.--The Board'';
(B) by striking ``shall review'' and inserting the
following: ``shall--
``(i) review'';
(C) by striking the period and inserting ``; and''; and
(D) by adding at the end the following:
``(ii) not later than the end of the 6-month period
beginning on the date the company submits the resolution
plan, provide feedback to the company on such plan.
``(B) Disclosure of assessment framework.--The Board of
Governors and the Corporation shall publicly disclose the
assessment framework that is used to review information under
this paragraph.''.
(b) Treatment of Other Resolution Plan Requirements.--
(1) In general.--With respect to an appropriate Federal
banking agency that requires a banking organization to submit
to the agency a resolution plan not described under section
165(d) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act--
(A) the respective agency shall ensure that the review of
such resolution plan is consistent with the requirements
contained in the amendments made by this subtitle;
(B) the agency may not require the submission of such a
resolution plan more often than every 2 years; and
(C) paragraphs (6) and (7) of such section 165(d) shall
apply to such a resolution plan.
(2) Definitions.--For purposes of this subsection:
(A) Appropriate federal banking agency.--The term
``appropriate Federal banking agency''--
(i) has the meaning given such term under section 3 of the
Federal Deposit Insurance Act; and
(ii) means the National Credit Union Administration, in the
case of an insured credit union.
(B) Banking organization.--The term ``banking
organization'' means--
(i) an insured depository institution;
(ii) an insured credit union;
(iii) a depository institution holding company;
(iv) a company that is treated as a bank holding company
for purposes of section 8 of the International Banking Act;
and
(v) a U.S. intermediate holding company established by a
foreign banking organization pursuant to section 252.153 of
title 12, Code of Federal Regulations.
(C) Insured credit union.--The term ``insured credit
union'' has the meaning given that term under section 101 of
the Federal Credit Union Act.
(D) Other banking terms.--The terms ``depository
institution holding company'' and ``insured depository
institution'' have the meaning given those terms,
respectively, under section 3 of the Federal Deposit
Insurance Act.
(c) Rule of Construction.--Nothing in this subtitle, or any
amendment made by this subtitle, shall be construed as
limiting the authority of an appropriate Federal banking
agency (as defined under subsection (b)(2)) to obtain
information from an institution in connection with such
agency's authority to examine or require reports from the
institution.

Subtitle XII--Financial Institutions Examination Fairness and Reform
Act

amendment to definition of financial institution

Sec. 930. Section 1003(3) of the Federal Financial
Institutions Examination Council Act of 1978 (12 U.S.C.
3302(3)) is amended to read as follows:
``(3) the term `financial institution'--
``(A) means a commercial bank, a savings bank, a trust
company, a savings association, a building and loan
association, a homestead association, a cooperative bank, or
a credit union; and
``(B) for purposes of sections 1012, 1013, and 1014,
includes a nondepository covered person subject to
supervision by the Bureau of Consumer Financial Protection
under section 1024 of the Consumer Financial Protection Act
of 2010 (12 U.S.C. 5514).''.

timeliness of examination reports

Sec. 931. The Federal Financial Institutions Examination
Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended by
adding at the end the following:

``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS.

``(a) In General.--
``(1) Final examination report.--A Federal financial
institutions regulatory agency shall provide a final
examination report to a financial institution not later than
60 days after the later of--
``(A) the exit interview for an examination of the
institution; or
``(B) the provision of additional information by the
institution relating to the examination.
``(2) Exit interview.--If a financial institution is not
subject to a resident examiner program, the exit interview
shall occur not later than the end of the 9-month period
beginning on the commencement of the examination, except that
such period may be extended by the Federal financial
institutions regulatory agency by providing written notice to
the institution and the Independent Examination Review
Director describing with particularity the reasons that a
longer period is needed to complete the examination.
``(b) Examination Materials.--Upon the request of a
financial institution, the Federal financial institutions
regulatory agency shall include with the final report an
appendix listing all examination or other factual information
relied upon by the agency in support of a material
supervisory determination.''.

independent examination review director

Sec. 932. The Federal Financial Institutions Examination
Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by
section 931, is further amended by adding at the end the
following:

``SEC. 1013. OFFICE OF INDEPENDENT EXAMINATION REVIEW.

``(a) Establishment.--There is established in the Council
an Office of Independent Examination Review (the `Office').
``(b) Head of Office.--There is established the position of
the Independent Examination Review Director (the `Director'),
as the head of the Office. The Director shall be appointed by
the Council and shall be independent from any member agency
of the Council.
``(c) Term.--The Director shall serve for a term of 5
years, and may be appointed to serve a subsequent 5-year
term.
``(d) Staffing.--The Director is authorized to hire staff
to support the activities of the Office.
``(e) Duties.--The Director shall--
``(1) receive and, at the Director's discretion,
investigate complaints from financial institutions, their
representatives, or another entity acting on behalf of such
institutions, concerning examinations, examination practices,
or examination reports;
``(2) hold meetings, at least once every three months and
in locations designed to encourage participation from all
sections of the United States, with financial institutions,
their representatives, or another entity acting on behalf of
such institutions, to discuss examination procedures,
examination practices, or examination policies;
``(3) in accordance with subsection (f), review examination
procedures of the Federal financial institutions regulatory
agencies to ensure that the written examination policies of
those agencies are being followed in practice and adhere to
the standards for consistency established by the Council;
``(4) conduct a continuing and regular review of
examination quality assurance for all examination types
conducted by the Federal financial institutions regulatory
agencies;
``(5) adjudicate any supervisory appeal initiated under
section 1014; and
``(6) report annually to the Committee on Financial
Services of the House of Representatives, the Committee on
Banking, Housing, and Urban Affairs of the Senate, and the
Council, on the reviews carried out pursuant to paragraphs
(3) and (4), including compliance with the requirements set
forth in section 1012 regarding timeliness of examination
reports, and the Council's recommendations for improvements
in examination procedures, practices, and policies.
``(f) Standard for Reviewing Examination Procedures.--In
conducting reviews pursuant to subsection (e)(4), the
Director shall prioritize factors relating to the safety and
soundness of the financial system of the United States.
``(g) Removal.--If the Director is removed from office, the
Council shall communicate in writing the reasons for any such
removal to the Committee on Financial Services of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate not later than 30 days before the
removal.
``(h) Confidentiality.--The Director shall keep
confidential all meetings with, discussions with, and
information provided by financial institutions.''.

right to independent review of material supervisory determinations

Sec. 933. The Federal Financial Institutions Examination
Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by
section 932, is further amended by adding at the end the
following:

``SEC. 1014. RIGHT TO INDEPENDENT REVIEW OF MATERIAL
SUPERVISORY DETERMINATIONS.

``(a) In General.--A financial institution shall have the
right to obtain an independent review of a material
supervisory determination contained in a final report of
examination.
``(b) Notice.--
``(1) Timing.--A financial institution seeking review of a
material supervisory determination under this section shall
file a written notice with the Independent Examination Review
Director (the `Director') within 60 days after receiving the
final report of examination that is the subject of such
review.
``(2) Identification of determination.--The written notice
shall identify the material supervisory determination that is
the subject of the independent examination review, and a
statement of the reasons why the institution believes that
the determination is incorrect or should otherwise be
modified.
``(3) Information to be provided to institution.--Any
information relied upon by the agency in the final report
that is not in the possession of the financial institution
may

[[Page H6428]]

be requested by the financial institution and shall be
delivered promptly by the agency to the financial
institution.
``(c) Right to Hearing.--
``(1) In general.--The Director shall determine the merits
of the appeal on the record or, at the financial
institution's election, shall refer the appeal to an
Administrative Law Judge to conduct a confidential hearing
pursuant to the procedures set forth under sections 556 and
557 of title 5, United States Code, which hearing shall take
place not later than 60 days after the petition for review
was received by the Director, and to issue a proposed
decision to the Director based upon the record established at
such hearing.
``(2) Standard of review.--In rendering a determination or
recommendation under this subsection, neither the
Administrative Law Judge nor the Director shall defer to the
opinions of the examiner or agency, but shall conduct a de
novo review to independently determine the appropriateness of
the agency's decision based upon the relevant statutes,
regulations, and other appropriate guidance, as well as
evidence adduced at any hearing.
``(d) Final Decision.--A decision by the Director on an
independent review under this section shall--
``(1) be made not later than 60 days after the record has
been closed; and
``(2) subject to subsection (e), be deemed a final agency
action and shall bind the agency whose supervisory
determination was the subject of the review and the financial
institution requesting the review.
``(e) Limited Review by FFIEC.--
``(1) In general.--If the agency whose supervisory
determination was the subject of the review believes that the
Director's decision under subsection (d) would pose an
imminent threat to the safety and soundness of the financial
institution, such agency may file a written notice seeking
review of the Director's decision with the Council within 10
days of receiving the Director's decision.
``(2) Standard of review.--In making a determination under
this subsection, the Council shall conduct a review to
determine whether there is substantial evidence that the
Director's decision would pose an imminent threat to the
safety and soundness of the financial institution.
``(3) Final determination.--A determination by the Council
shall--
``(A) be made not later than 30 days after the filing of
the notice pursuant to paragraph (1); and
``(B) be deemed a final agency action and shall bind the
agency whose supervisory determination was the subject of the
review and the financial institution requesting the review.
``(f) Right to Judicial Review.--A financial institution
shall have the right to petition for review of final agency
action under this section by filing a Petition for Review
within 60 days of the Director's decision or the Council's
decision in the United States Court of Appeals for the
District of Columbia Circuit or the Circuit in which the
financial institution is located.
``(g) Report.--The Director shall report annually to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on actions taken under this
section, including the types of issues that the Director has
reviewed and the results of those reviews. In no case shall
such a report contain information about individual financial
institutions or any confidential or privileged information
shared by financial institutions.
``(h) Retaliation Prohibited.--A Federal financial
institutions regulatory agency may not--
``(1) retaliate against a financial institution, including
service providers, or any institution-affiliated party (as
defined under section 3 of the Federal Deposit Insurance
Act), for exercising appellate rights under this section; or
``(2) delay or deny any agency action that would benefit a
financial institution or any institution-affiliated party on
the basis that an appeal under this section is pending under
this section.
``(i) Rule of Construction.--Nothing in this section may be
construed--
``(1) to affect the right of a Federal financial
institutions regulatory agency to take enforcement or other
supervisory actions related to a material supervisory
determination under review under this section; or
``(2) to prohibit the review under this section of a
material supervisory determination with respect to which
there is an ongoing enforcement or other supervisory
action.''.

additional amendments

Sec. 934. (a) Riegle Community Development and Regulatory
Improvement Act of 1994.--Section 309 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4806) is amended--
(1) in subsection (a), by inserting after ``appropriate
Federal banking agency'' the following: ``, the Bureau of
Consumer Financial Protection,'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the appellant from
retaliation by agency examiners'' and inserting ``the insured
depository institution or insured credit union from
retaliation by the agencies referred to in subsection (a)'';
and
(B) by adding at the end the following flush-left text:
``For purposes of this subsection and subsection (e),
retaliation includes delaying consideration of, or
withholding approval of, any request, notice, or application
that otherwise would have been approved, but for the exercise
of the institution's or credit union's rights under this
section.'';
(3) in subsection (e)(2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) ensure that appropriate safeguards exist for
protecting the insured depository institution or insured
credit union from retaliation by any agency referred to in
subsection (a) for exercising its rights under this
subsection.''; and
(4) in subsection (f)(1)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking ``and'' at the end; and
(C) by adding at the end the following:
``(iv) any issue specifically listed in an exam report as a
matter requiring attention by the institution's management or
board of directors; and
``(v) any suspension or removal of an institution's status
as eligible for expedited processing of applications,
requests, notices, or filings on the grounds of a supervisory
or compliance concern, regardless of whether that concern has
been cited as a basis for another material supervisory
determination or matter requiring attention in an examination
report, provided that the conduct at issue did not involve
violation of any criminal law; and''.
(b) Federal Credit Union Act.--Section 205(j) of the
Federal Credit Union Act (12 U.S.C. 1785(j)) is amended by
inserting ``the Bureau of Consumer Financial Protection,''
before ``the Administration'' each place such term appears.
(c) Federal Financial Institutions Examination Council Act
of 1978.--The Federal Financial Institutions Examination
Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended--
(1) in section 1003, by amending paragraph (1) to read as
follows:
``(1) the term `Federal financial institutions regulatory
agencies'--
``(A) means the Office of the Comptroller of the Currency,
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, and the National
Credit Union Administration; and
``(B) for purposes of sections 1012, 1013, and 1014,
includes the Bureau of Consumer Financial Protection;''; and
(2) in section 1005, by striking ``One-fifth'' and
inserting ``One-fourth''.

Subtitle XIII--TRID Improvement Act

amendments to mortgage disclosure requirements

Sec. 936. Section 4(a) of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2603(a)) is amended--
(1) by striking ``itemize all charges'' and inserting
``itemize all actual charges'';
(2) by striking ``and all charges imposed upon the seller
in connection with the settlement and'' and inserting ``and
the seller in connection with the settlement. Such forms'';
and
(3) by inserting after ``or both.'' the following new
sentence: ``Charges for any title insurance premium disclosed
on such forms shall be equal to the amount charged for each
individual title insurance policy, subject to any discounts
as required by State regulation or the title company rate
filings.''.

Subtitle XIV--Common Sense Credit Union Capital Relief Act

delay in effective date

Sec. 938. Notwithstanding any effective date set forth in
the rule issued by the National Credit Union Administration
titled ``Risk-Based Capital'' (published at 80 Fed. Reg.
66626 (October 29, 2015)), such final rule shall take effect
on January 1, 2021.

Subtitle XV--Bureau of Consumer Financial Protection-Inspector General
Reform Act

appointment of inspector general

Sec. 939. The Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in section 8G--
(A) in subsection (a)(2), by striking ``and the Bureau of
Consumer Financial Protection'';
(B) in subsection (c), by striking ``For purposes of
implementing this section'' and all that follows through the
end of the subsection; and
(C) in subsection (g)(3), by striking ``and the Bureau of
Consumer Financial Protection''; and
(2) in section 12--
(A) in paragraph (1), by inserting ``the Director of the
Bureau of Consumer Financial Protection;'' after ``the
President of the Export-Import Bank;''; and
(B) in paragraph (2), by inserting ``the Bureau of Consumer
Financial Protection,'' after ``the Export-Import Bank,''.

requirements for the inspector general for the bureau of consumer
financial protection

Sec. 940. (a) Establishment.--Section 1011 of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5491) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking ``and Deputy
Director'' and inserting ``, Deputy Director, and Inspector
General''; and

[[Page H6429]]

(B) by inserting after paragraph (5) the following:
``(6) Inspector general.--There is established the position
of the Inspector General.''; and
(2) in subsection (d), by striking ``or Deputy Director''
each place it appears and inserting ``, Deputy Director, or
Inspector General''.
(b) Hearings.--Section 1016 of such Act is amended by
inserting after subsection (c) the following:
``(d) Additional Requirement for Inspector General.--On a
separate occasion from that described in subsection (a), the
Inspector General of the Bureau shall appear, upon
invitation, before the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives at hearings no less
frequently than twice annually, at a date determined by the
chairman of the respective committee, regarding the reports
required under subsection (b) and the reports required under
section 5 of the Inspector General Act of 1978 (5 U.S.C.
App.).''.
(c) Funding for Office of Inspector General.--Section
1017(a)(2) of such Act is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) Funding for office of inspector general.--Each fiscal
year, the Bureau shall dedicate 2 percent of the funds
transferred pursuant to paragraph (1) to the Office of the
Inspector General.''.
(d) Participation in the Council of Inspectors General on
Financial Oversight.--Section 989E(a)(1) of such Act is
amended by adding at the end the following:
``(J) The Bureau of Consumer Financial Protection.''.

effective date

Sec. 941. The amendments made by this subtitle shall take
effect 60 days after the date of the enactment of this Act.

transition period

Sec. 942. The Inspector General of the Board of Governors
of the Federal Reserve System and the Bureau of Consumer
Financial Protection shall serve in that position until the
confirmation of an Inspector General for the Bureau of
Consumer Financial Protection. At that time, the Inspector
General of the Board of Governors of the Federal Reserve
System and the Bureau of Consumer Financial Protection shall
become the Inspector General of the Board of Governors of the
Federal Reserve System.

Subtitle XVI--BCFP on Appropriations

bureau appropriations

Sec. 943.
(a) Fiscal Year 2019.--The Director of the Bureau of
Consumer Financial Protection may not request, under section
1017 of the Consumer Financial Protection Act of 2010, during
fiscal year 2019 an amount that would result in the total
amount requested by the Director during that fiscal year to
exceed $485,000,000.
(b) Fiscal Year 2020 and Thereafter.--Effective as of the
first day of fiscal year 2020, section 1017 of the Consumer
Financial Protection Act of 2010 (12 U.S.C. 5497) is
amended--
(1) in subsection (a)--
(A) by amending the heading of such subsection to read as
follows: ``Budget, Financial Management, and Audit.--'';
(B) by striking paragraphs (1), (2), and (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(1) and (2), respectively; and
(D) by striking subparagraphs (E) and (F) of paragraph (1),
as so redesignated;
(2) by striking subsections (b) and (c);
(3) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively; and
(4) in subsection (c), as so redesignated--
(A) by striking paragraphs (1), (2), and (3) and inserting
the following:
``(1) Authorization of appropriation.--There authorized to
be appropriated for fiscal year 2020 to the Bureau from the
combined earnings of the Federal Reserve System
$485,000,000.''; and
(B) by redesignating paragraph (4) as paragraph (2).

Subtitle XVII--Stress Test Relief for Nonbanks

stress test relief for nonbanks

Sec. 944. Section 165(i)(2) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5365(i)(2)) is
amended--
(1) in subparagraph (A), by striking ``are regulated by a
primary Federal financial regulatory agency'' and inserting:
``whose primary financial regulatory agency is a Federal
banking agency or the Federal Housing Finance Agency'';
(2) in subparagraph (C), by striking ``Each Federal primary
financial regulatory agency'' and inserting ``Each Federal
banking agency and the Federal housing finance agency''; and
(3) by adding at the end the following:
``(D) SEC and cftc.--The Securities and Exchange Commission
and the Commodity Futures Trading Commission may each issue
regulations requiring financial companies with respect to
which they are the primary financial regulatory agency to
conduct periodic analyses of the financial condition,
including available liquidity, of such companies under
adverse economic conditions.''.

Subtitle XVIII--Interaffiliate Language

interaffiliate treatment with respect to initial margin requirements

Sec. 945.
Section 15F(e)(4) of the Securities Exchange Act of 1934
(15 U.S.C. 78o-10(e)(4)) is amended--
(1) by striking ``The requirements'' and inserting the
following:
``(A) In general.--The requirements''; and
(2) by adding at the end the following:
``(B) Initial margin requirement.--The initial margin
requirements imposed by rules adopted pursuant to paragraphs
(2)(A)(ii) and (2)(B)(ii) shall not apply to any security-
based swap in which--
``(i) one counterparty is a person in which the other
counterparty, directly or indirectly, holds a majority
ownership interest; or
``(ii) a third party, directly or indirectly, holds a
majority ownership interest in both counterparties.''.

Subtitle XIX--Tailored Application of Prudential Standards

tailored application of prudential standards

Sec. 946.
Section 165(a)(2)(A) of the Financial Stability Act of 2010
(12 U.S.C. 5365(a)(2)(A)) is amended by inserting before the
period the following: ``to ensure that companies with
comparable risk profiles and business models are operating
under a similar set of requirements''.

Subtitle XX--Authority to Remove Bureau Director

authority to remove bureau director

Sec. 947.
Section 1011(c) of the Consumer Financial Protection Act of
2010 (12 U.S.C. 5491(c)) is amended by striking paragraph
(3).

Subtitle XXI--Congressional Review of Bureau Rulemaking

congressional review of bureau rulemaking

Sec. 948.
Chapter 8 of title 5, United States Code, is amended to
read as follows:

``CHAPTER 8--CONGRESSIONAL REVIEW OF BUREAU RULEMAKING3

``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor
rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``808. Regulatory cut-go requirement.
``809. Review of rules currently in effect.

``Sec. 801. Congressional review

``(a)(1)(A) Before a rule may take effect, the Bureau shall
satisfy the requirements of section 808 and shall publish in
the Federal Register a list of information on which the rule
is based, including data, scientific and economic studies,
and cost-benefit analyses, and identify how the public can
access such information online, and shall submit to each
House of the Congress and to the Comptroller General a report
containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule;
``(iii) a classification of the rule as a major or nonmajor
rule, including an explanation of the classification
specifically addressing each criteria for a major rule
contained within sections 804(2)(A), 804(2)(B), and
804(2)(C);
``(iv) a list of any other related regulatory actions
intended to implement the same statutory provision or
regulatory objective as well as the individual and aggregate
economic effects of those actions; and
``(v) the proposed effective date of the rule.
``(B) On the date of the submission of the report under
subparagraph (A), the Bureau shall submit to the Comptroller
General and make available to each House of Congress--
``(i) a complete copy of the cost-benefit analysis of the
rule, if any, including an analysis of any jobs added or
lost, differentiating between public and private sector jobs;
``(ii) the Bureau's actions pursuant to sections 603, 604,
605, 607, and 609 of this title;
``(iii) the Bureau's actions pursuant to sections 202, 203,
204, and 205 of the Unfunded Mandates Reform Act of 1995; and
``(iv) any other relevant information or requirements under
any other Act and any relevant Executive orders.
``(C) Upon receipt of a report submitted under subparagraph
(A), each House shall provide copies of the report to the
chairman and ranking member of each standing committee with
jurisdiction under the rules of the House of Representatives
or the Senate to report a bill to amend the provision of law
under which the rule is issued.
``(2)(A) The Comptroller General shall provide a report on
each major rule to the committees of jurisdiction by the end
of 15 calendar days after the submission or publication date.
The report of the Comptroller General shall include an
assessment of the Bureau's compliance with procedural steps
required by paragraph (1)(B) and an assessment of whether the
major rule imposes any new limits or mandates on private-
sector activity.
``(B) Federal agencies shall cooperate with the Comptroller
General by providing information relevant to the Comptroller
General's report under subparagraph (A).

[[Page H6430]]

``(3) A major rule relating to a report submitted under
paragraph (1) shall take effect upon enactment of a joint
resolution of approval described in section 802 or as
provided for in the rule following enactment of a joint
resolution of approval described in section 802, whichever is
later.
``(4) A nonmajor rule shall take effect as provided by
section 803 after submission to Congress under paragraph (1).
``(5) If a joint resolution of approval relating to a major
rule is not enacted within the period provided in subsection
(b)(2), then a joint resolution of approval relating to the
same rule may not be considered under this chapter in the
same Congress by either the House of Representatives or the
Senate.
``(b)(1) A major rule shall not take effect unless the
Congress enacts a joint resolution of approval described
under section 802.
``(2) If a joint resolution described in subsection (a) is
not enacted into law by the end of 70 session days or
legislative days, as applicable, beginning on the date on
which the report referred to in section 801(a)(1)(A) is
received by Congress (excluding days either House of Congress
is adjourned for more than 3 days during a session of
Congress), then the rule described in that resolution shall
be deemed not to be approved and such rule shall not take
effect.
``(c)(1) Notwithstanding any other provision of this
section (except subject to paragraph (3)), a major rule may
take effect for one 90-calendar-day period if the President
makes a determination under paragraph (2) and submits written
notice of such determination to the Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the major rule should take
effect because such rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing an
international trade agreement.
``(3) An exercise by the President of the authority under
this subsection shall have no effect on the procedures under
section 802.
``(d)(1) In addition to the opportunity for review
otherwise provided under this chapter, in the case of any
rule for which a report was submitted in accordance with
subsection (a)(1)(A) during the period beginning on the date
occurring--
``(A) in the case of the Senate, 60 session days; or
``(B) in the case of the House of Representatives, 60
legislative days,
before the date the Congress is scheduled to adjourn a
session of Congress through the date on which the same or
succeeding Congress first convenes its next session, sections
802 and 803 shall apply to such rule in the succeeding
session of Congress.
``(2)(A) In applying sections 802 and 803 for purposes of
such additional review, a rule described under paragraph (1)
shall be treated as though--
``(i) such rule were published in the Federal Register on--
``(I) in the case of the Senate, the 15th session day; or
``(II) in the case of the House of Representatives, the
15th legislative day,
after the succeeding session of Congress first convenes; and
``(ii) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to
affect the requirement under subsection (a)(1) that a report
shall be submitted to Congress before a rule can take effect.
``(3) A rule described under paragraph (1) shall take
effect as otherwise provided by law (including other
subsections of this section).

``Sec. 802. Congressional approval procedure for major rules

``(a)(1) For purposes of this section, the term `joint
resolution' means only a joint resolution addressing a report
classifying a rule as major pursuant to section
801(a)(1)(A)(iii) that--
``(A) bears no preamble;
``(B) bears the following title (with blanks filled as
appropriate): `Approving the rule submitted by ___ relating
to ___.';
``(C) includes after its resolving clause only the
following (with blanks filled as appropriate): `That Congress
approves the rule submitted by ___ relating to ___.'; and
``(D) is introduced pursuant to paragraph (2).
``(2) After a House of Congress receives a report
classifying a rule as major pursuant to section
801(a)(1)(A)(iii), the majority leader of that House (or his
or her respective designee) shall introduce (by request, if
appropriate) a joint resolution described in paragraph (1)--
``(A) in the case of the House of Representatives, within 3
legislative days; and
``(B) in the case of the Senate, within 3 session days.
``(3) A joint resolution described in paragraph (1) shall
not be subject to amendment at any stage of proceeding.
``(b) A joint resolution described in subsection (a) shall
be referred in each House of Congress to the committees
having jurisdiction over the provision of law under which the
rule is issued.
``(c) In the Senate, if the committee or committees to
which a joint resolution described in subsection (a) has been
referred have not reported it at the end of 15 session days
after its introduction, such committee or committees shall be
automatically discharged from further consideration of the
resolution and it shall be placed on the calendar. A vote on
final passage of the resolution shall be taken on or before
the close of the 15th session day after the resolution is
reported by the committee or committees to which it was
referred, or after such committee or committees have been
discharged from further consideration of the resolution.
``(d)(1) In the Senate, when the committee or committees to
which a joint resolution is referred have reported, or when a
committee or committees are discharged (under subsection (c))
from further consideration of a joint resolution described in
subsection (a), it is at any time thereafter in order (even
though a previous motion to the same effect has been
disagreed to) for a motion to proceed to the consideration of
the joint resolution, and all points of order against the
joint resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the joint resolution is agreed to, the
joint resolution shall remain the unfinished business of the
Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on
all debatable motions and appeals in connection therewith,
shall be limited to not more than 2 hours, which shall be
divided equally between those favoring and those opposing the
joint resolution. A motion to further limit debate is in
order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution
is not in order.
``(3) In the Senate, immediately following the conclusion
of the debate on a joint resolution described in subsection
(a), and a single quorum call at the conclusion of the debate
if requested in accordance with the rules of the Senate, the
vote on final passage of the joint resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure
relating to a joint resolution described in subsection (a)
shall be decided without debate.
``(e) In the House of Representatives, if any committee to
which a joint resolution described in subsection (a) has been
referred has not reported it to the House at the end of 15
legislative days after its introduction, such committee shall
be discharged from further consideration of the joint
resolution, and it shall be placed on the appropriate
calendar. On the second and fourth Thursdays of each month it
shall be in order at any time for the Speaker to recognize a
Member who favors passage of a joint resolution that has
appeared on the calendar for at least 5 legislative days to
call up that joint resolution for immediate consideration in
the House without intervention of any point of order. When so
called up a joint resolution shall be considered as read and
shall be debatable for 1 hour equally divided and controlled
by the proponent and an opponent, and the previous question
shall be considered as ordered to its passage without
intervening motion. It shall not be in order to reconsider
the vote on passage. If a vote on final passage of the joint
resolution has not been taken by the third Thursday on which
the Speaker may recognize a Member under this subsection,
such vote shall be taken on that day.
``(f)(1) If, before passing a joint resolution described in
subsection (a), one House receives from the other a joint
resolution having the same text, then--
``(A) the joint resolution of the other House shall not be
referred to a committee; and
``(B) the procedure in the receiving House shall be the
same as if no joint resolution had been received from the
other House until the vote on passage, when the joint
resolution received from the other House shall supplant the
joint resolution of the receiving House.
``(2) This subsection shall not apply to the House of
Representatives if the joint resolution received from the
Senate is a revenue measure.
``(g) If either House has not taken a vote on final passage
of the joint resolution by the last day of the period
described in section 801(b)(2), then such vote shall be taken
on that day.
``(h) This section and section 803 are enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such is
deemed to be part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in that House in the case of a joint resolution
described in subsection (a) and superseding other rules only
where explicitly so; and
``(2) with full recognition of the Constitutional right of
either House to change the rules (so far as they relate to
the procedure of that House) at any time, in the same manner
and to the same extent as in the case of any other rule of
that House.

``Sec. 803. Congressional disapproval procedure for nonmajor
rules

``(a) For purposes of this section, the term `joint
resolution' means only a joint resolution introduced in the
period beginning on

[[Page H6431]]

the date on which the report referred to in section
801(a)(1)(A) is received by Congress and ending 60 days
thereafter (excluding days either House of Congress is
adjourned for more than 3 days during a session of Congress),
the matter after the resolving clause of which is as follows:
`That Congress disapproves the nonmajor rule submitted by the
___ relating to ___, and such rule shall have no force or
effect.' (The blank spaces being appropriately filled in).
``(b) A joint resolution described in subsection (a) shall
be referred to the committees in each House of Congress with
jurisdiction.
``(c) In the Senate, if the committee to which is referred
a joint resolution described in subsection (a) has not
reported such joint resolution (or an identical joint
resolution) at the end of 15 session days after the date of
introduction of the joint resolution, such committee may be
discharged from further consideration of such joint
resolution upon a petition supported in writing by 30 Members
of the Senate, and such joint resolution shall be placed on
the calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is
discharged (under subsection (c)) from further consideration
of a joint resolution described in subsection (a), it is at
any time thereafter in order (even though a previous motion
to the same effect has been disagreed to) for a motion to
proceed to the consideration of the joint resolution, and all
points of order against the joint resolution (and against
consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or
to a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order. If a
motion to proceed to the consideration of the joint
resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on
all debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall be
divided equally between those favoring and those opposing the
joint resolution. A motion to further limit debate is in
order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution
is not in order.
``(3) In the Senate, immediately following the conclusion
of the debate on a joint resolution described in subsection
(a), and a single quorum call at the conclusion of the debate
if requested in accordance with the rules of the Senate, the
vote on final passage of the joint resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure
relating to a joint resolution described in subsection (a)
shall be decided without debate.
``(e) In the Senate, the procedure specified in subsection
(c) or (d) shall not apply to the consideration of a joint
resolution respecting a nonmajor rule--
``(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date; or
``(2) if the report under section 801(a)(1)(A) was
submitted during the period referred to in section 801(d)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress
first convenes.
``(f) If, before the passage by one House of a joint
resolution of that House described in subsection (a), that
House receives from the other House a joint resolution
described in subsection (a), then the following procedures
shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same as if
no joint resolution had been received from the other House;
but
``(B) the vote on final passage shall be on the joint
resolution of the other House.

``Sec. 804. Definitions

``For purposes of this chapter:
``(1) The term `Bureau' means the Bureau of Consumer
Financial Protection.
``(2) The term `major rule' means any rule, including an
interim final rule, that the Administrator of the Office of
Information and Regulatory Affairs of the Office of
Management and Budget finds has resulted in or is likely to
result in--
``(A) an annual cost on the economy of $100,000,000 or
more, adjusted annually for inflation;
``(B) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government
agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on the
ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets.
``(3) The term `nonmajor rule' means any rule that is not a
major rule.
``(4) The term `rule' has the meaning given such term in
section 551, except that such term does not include--
``(A) any rule of particular applicability, including a
rule that approves or prescribes for the future rates, wages,
prices, services, or allowances therefore, corporate or
financial structures, reorganizations, mergers, or
acquisitions thereof, or accounting practices or disclosures
bearing on any of the foregoing;
``(B) any rule relating to Bureau management or personnel;
or
``(C) any rule of Bureau organization, procedure, or
practice that does not substantially affect the rights or
obligations of non-Bureau parties.
``(5) The term `submission date or publication date',
except as otherwise provided in this chapter, means--
``(A) in the case of a major rule, the date on which the
Congress receives the report submitted under section
801(a)(1); and
``(B) in the case of a nonmajor rule, the later of--
``(i) the date on which the Congress receives the report
submitted under section 801(a)(1); and
``(ii) the date on which the nonmajor rule is published in
the Federal Register, if so published.

``Sec. 805. Judicial review

``(a) No determination, finding, action, or omission under
this chapter shall be subject to judicial review.
``(b) Notwithstanding subsection (a), a court may determine
whether the Bureau has completed the necessary requirements
under this chapter for a rule to take effect.
``(c) The enactment of a joint resolution of approval under
section 802 shall not be interpreted to serve as a grant or
modification of statutory authority by Congress for the
promulgation of a rule, shall not extinguish or affect any
claim, whether substantive or procedural, against any alleged
defect in a rule, and shall not form part of the record
before the court in any judicial proceeding concerning a rule
except for purposes of determining whether or not the rule is
in effect.

``Sec. 806. Exemption for monetary policy

``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of
Governors of the Federal Reserve System or the Federal Open
Market Committee.

``Sec. 807. Effective date of certain rules

``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes,
or conducts a regulatory program for a commercial,
recreational, or subsistence activity related to hunting,
fishing, or camping; or
``(2) any rule other than a major rule which the Bureau for
good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rule issued) that
notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest,
shall take effect at such time as the Bureau determines.

``Sec. 808. Regulatory cut-go requirement

``In making any new rule, the Bureau shall identify a rule
or rules that may be amended or repealed to completely offset
any annual costs of the new rule to the United States
economy. Before the new rule may take effect, the Bureau
shall make each such repeal or amendment. In making such an
amendment or repeal, the Bureau shall comply with the
requirements of subchapter II of chapter 5, but the Bureau
may consolidate proceedings under subchapter with proceedings
on the new rule.

``Sec. 809. Review of rules currently in effect

``(a) Annual Review.--Beginning on the date that is 6
months after the date of enactment of this section and
annually thereafter for the 9 years following, the Bureau
shall designate not less than 10 percent of eligible rules
made by the Bureau for review, and shall submit a report
including each such eligible rule in the same manner as a
report under section 801(a)(1). Section 801, section 802, and
section 803 shall apply to each such rule, subject to
subsection (c) of this section. No eligible rule previously
designated may be designated again.
``(b) Sunset for Eligible Rules Not Extended.--Beginning
after the date that is 10 years after the date of enactment
of this section, if Congress has not enacted a joint
resolution of approval for that eligible rule, that eligible
rule shall not continue in effect.
``(c) Consolidation; Severability.--In applying sections
801, 802, and 803 to eligible rules under this section, the
following shall apply:
``(1) The words `take effect' shall be read as `continue in
effect'.
``(2) Except as provided in paragraph (3), a single joint
resolution of approval shall apply to all eligible rules in a
report designated for a year, and the matter after the
resolving clause of that joint resolution is as follows:
`That Congress approves the rules submitted by the __ for the
year __.' (The blank spaces being appropriately filled in).
``(3) It shall be in order to consider any amendment that
provides for specific conditions on which the approval of a
particular eligible rule included in the joint resolution is
contingent.
``(4) A member of either House may move that a separate
joint resolution be required for a specified rule.
``(d) Definition.--In this section, the term `eligible
rule' means a rule that is in effect as of the date of
enactment of this section.''.

budgetary effects of rules subject to section 802 of title 5, united
states code

Sec. 949.
Section 257(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is

[[Page H6432]]

amended by adding at the end the following new subparagraph:
``(E) Budgetary effects of rules subject to section 802 of
title 5, united states code.--Any rules subject to the
congressional approval procedure set forth in section 802 of
chapter 8 of title 5, United States Code, affecting budget
authority, outlays, or receipts shall be assumed to be
effective unless it is not approved in accordance with such
section.''.

government accountability office study of rules

Sec. 950.
(a) In General.--The Comptroller General of the United
States shall conduct a study to determine, as of the date of
the enactment of this Act--
(1) how many rules (as such term is defined in section 804
of title 5, United States Code) of the Bureau were in effect;
(2) how many major rules (as such term is defined in
section 804 of title 5, United States Code) of the Bureau
were in effect; and
(3) the total estimated economic cost imposed by all such
rules.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit a report to Congress that contains the
findings of the study conducted under subsection (a).

effective date

Sec. 951.
Sections 948 and 949, and the amendments made by such
sections, shall take effect beginning on the date that is 1
year after the date of enactment of this Act.

TITLE X

EMAIL PRIVACY ACT

voluntary disclosure corrections

Sec. 1001. (a) In General.--Section 2702 of title 18,
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``divulge'' and inserting ``disclose''; and
(ii) by striking ``while in electronic storage by that
service'' and inserting ``that is in electronic storage with
or otherwise stored, held, or maintained by that service'';
(B) in paragraph (2)--
(i) by striking ``to the public'';
(ii) by striking ``divulge'' and inserting ``disclose'';
and
(iii) by striking ``which is carried or maintained on that
service'' and inserting ``that is stored, held, or maintained
by that service''; and
(C) in paragraph (3)--
(i) by striking ``divulge'' and inserting ``disclose''; and
(ii) by striking ``a provider of'' and inserting ``a person
or entity providing'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``wire or electronic'' before ``communication'';
(B) by amending paragraph (1) to read as follows:
``(1) to an originator, addressee, or intended recipient of
such communication, to the subscriber or customer on whose
behalf the provider stores, holds, or maintains such
communication, or to an agent of such addressee, intended
recipient, subscriber, or customer;''; and
(C) by amending paragraph (3) to read as follows:
``(3) with the lawful consent of the originator, addressee,
or intended recipient of such communication, or of the
subscriber or customer on whose behalf the provider stores,
holds, or maintains such communication;'';
(3) in subsection (c) by inserting ``wire or electronic''
before ``communications'';
(4) in each of subsections (b) and (c), by striking
``divulge'' and inserting ``disclose''; and
(5) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) with the lawful consent of the subscriber or
customer;''.

amendments to required disclosure section

Sec. 1002. Section 2703 of title 18, United States Code, is
amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) Contents of Wire or Electronic Communications in
Electronic Storage.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by
a provider of electronic communication service of the
contents of a wire or electronic communication that is in
electronic storage with or otherwise stored, held, or
maintained by that service only if the governmental entity
obtains a warrant issued using the procedures described in
the Federal Rules of Criminal Procedure (or, in the case of a
State court, issued using State warrant procedures) that--
``(1) is issued by a court of competent jurisdiction; and
``(2) may indicate the date by which the provider must make
the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date
by which the provider must make disclosure to the
governmental entity, the provider shall promptly respond to
the warrant.
``(b) Contents of Wire or Electronic Communications in a
Remote Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by
a provider of remote computing service of the contents of a
wire or electronic communication that is stored, held, or
maintained by that service only if the governmental entity
obtains a warrant issued using the procedures described in
the Federal Rules of Criminal Procedure (or, in the case of a
State court, issued using State warrant procedures) that--
``(A) is issued by a court of competent jurisdiction; and
``(B) may indicate the date by which the provider must make
the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date
by which the provider must make disclosure to the
governmental entity, the provider shall promptly respond to
the warrant.
``(2) Applicability.--Paragraph (1) is applicable with
respect to any wire or electronic communication that is
stored, held, or maintained by the provider--
``(A) on behalf of, and received by means of electronic
transmission from (or created by means of computer processing
of communication received by means of electronic transmission
from), a subscriber or customer of such remote computing
service; and
``(B) solely for the purpose of providing storage or
computer processing services to such subscriber or customer,
if the provider is not authorized to access the contents of
any such communications for purposes of providing any
services other than storage or computer processing.
``(c) Records Concerning Electronic Communication Service
or Remote Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by
a provider of electronic communication service or remote
computing service of a record or other information pertaining
to a subscriber to or customer of such service (not including
the contents of wire or electronic communications), only--
``(A) if a governmental entity obtains a warrant issued
using the procedures described in the Federal Rules of
Criminal Procedure (or, in the case of a State court, issued
using State warrant procedures) that--
``(i) is issued by a court of competent jurisdiction
directing the disclosure; and
``(ii) may indicate the date by which the provider must
make the disclosure to the governmental entity;
``(B) if a governmental entity obtains a court order
directing the disclosure under subsection (d);
``(C) with the lawful consent of the subscriber or
customer; or
``(D) as otherwise authorized in paragraph (2).
``(2) Subscriber or customer information.--A provider of
electronic communication service or remote computing service
shall, in response to an administrative subpoena authorized
by Federal or State statute, a grand jury, trial, or civil
discovery subpoena, or any means available under paragraph
(1), disclose to a governmental entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection records,
or records of session times and durations;
``(D) length of service (including start date) and types of
service used;
``(E) telephone or instrument number or other subscriber or
customer number or identity, including any temporarily
assigned network address; and
``(F) means and source of payment for such service
(including any credit card or bank account number),
of a subscriber or customer of such service.
``(3) Notice not required.--A governmental entity that
receives records or information under this subsection is not
required to provide notice to a subscriber or customer.'';
(2) in subsection (d)--
(A) by striking ``(b) or'';
(B) by striking ``the contents of a wire or electronic
communication, or'';
(C) by striking ``sought,'' and inserting ``sought''; and
(D) by striking ``section'' and inserting ``subsection'';
and
(3) by adding at the end the following:
``(h) Notice.--Except as provided in section 2705, a
provider of electronic communication service or remote
computing service may notify a subscriber or customer of a
receipt of a warrant, court order, subpoena, or request under
subsection (a), (b), (c), or (d) of this section.
``(i) Rule of Construction Related to Legal Process.--
Nothing in this section or in section 2702 shall limit the
authority of a governmental entity to use an administrative
subpoena authorized by Federal or State statute, a grand
jury, trial, or civil discovery subpoena, or a warrant issued
using the procedures described in the Federal Rules of
Criminal Procedure (or, in the case of a State court, issued
using State warrant procedures) by a court of competent
jurisdiction to--
``(1) require an originator, addressee, or intended
recipient of a wire or electronic communication to disclose a
wire or electronic communication (including the contents of
that communication) to the governmental entity;
``(2) require a person or entity that provides an
electronic communication service to the officers, directors,
employees, or

[[Page H6433]]

agents of the person or entity (for the purpose of carrying
out their duties) to disclose a wire or electronic
communication (including the contents of that communication)
to or from the person or entity itself or to or from an
officer, director, employee, or agent of the entity to a
governmental entity, if the wire or electronic communication
is stored, held, or maintained on an electronic
communications system owned, operated, or controlled by the
person or entity; or
``(3) require a person or entity that provides a remote
computing service or electronic communication service to
disclose a wire or electronic communication (including the
contents of that communication) that advertises or promotes a
product or service and that has been made readily accessible
to the general public.
``(j) Rule of Construction Related to Congressional
Subpoenas.--Nothing in this section or in section 2702 shall
limit the power of inquiry vested in the Congress by article
I of the Constitution of the United States, including the
authority to compel the production of a wire or electronic
communication (including the contents of a wire or electronic
communication) that is stored, held, or maintained by a
person or entity that provides remote computing service or
electronic communication service.''.

delayed notice

Sec. 1003. Section 2705 of title 18, United States Code, is
amended to read as follows:

``Sec. 2705. Delayed notice

``(a) In General.--A governmental entity acting under
section 2703 may apply to a court for an order directing a
provider of electronic communication service or remote
computing service to which a warrant, order, subpoena, or
other directive under section 2703 is directed not to notify
any other person of the existence of the warrant, order,
subpoena, or other directive.
``(b) Determination.--A court shall grant a request for an
order made under subsection (a) for delayed notification of
up to 180 days if the court determines that there is reason
to believe that notification of the existence of the warrant,
order, subpoena, or other directive will likely result in--
``(1) endangering the life or physical safety of an
individual;
``(2) flight from prosecution;
``(3) destruction of or tampering with evidence;
``(4) intimidation of potential witnesses; or
``(5) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
``(c) Extension.--Upon request by a governmental entity, a
court may grant one or more extensions, for periods of up to
180 days each, of an order granted in accordance with
subsection (b).''.

rule of construction

Sec. 1004. Nothing in this Act or an amendment made by this
Act shall be construed to preclude the acquisition by the
United States Government of--
(1) the contents of a wire or electronic communication
pursuant to other lawful authorities, including the
authorities under chapter 119 of title 18 (commonly known as
the ``Wiretap Act''), the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.), or any other provision
of Federal law not specifically amended by this Act; or
(2) records or other information relating to a subscriber
or customer of any electronic communication service or remote
computing service (not including the content of such
communications) pursuant to the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter
119 of title 18 (commonly known as the ``Wiretap Act''), or
any other provision of Federal law not specifically amended
by this Act.

TITLE XI

AMATEUR RADIO PARITY ACT

SEC. 1101. SHORT TITLE.

This title may be cited as the ``Amateur Radio Parity Act
of 2018''.

SEC. 1102. FINDINGS.

Congress finds the following:
(1) More than 730,000 radio amateurs in the United States
are licensed by the Federal Communications Commission in the
amateur radio services.
(2) Amateur radio, at no cost to taxpayers, provides a
fertile ground for technical self-training in modern
telecommunications, electronics technology, and emergency
communications techniques and protocols.
(3) There is a strong Federal interest in the effective
performance of amateur stations established at the residences
of licensees. Such stations have been shown to be frequently
and increasingly precluded by unreasonable private land use
restrictions, including restrictive covenants.
(4) Federal Communications Commission regulations have for
three decades prohibited the application to stations in the
amateur service of State and local regulations that preclude
or fail to reasonably accommodate amateur service
communications, or that do not constitute the minimum
practicable regulation to accomplish a legitimate State or
local purpose. Commission policy has been and is to require
States and localities to permit erection of a station antenna
structure at heights and dimensions sufficient to accommodate
amateur service communications.
(5) The Commission has sought guidance and direction from
Congress with respect to the application of the Commission's
limited preemption policy regarding amateur service
communications to private land use restrictions, including
restrictive covenants.
(6) There are aesthetic and common property considerations
that are uniquely applicable to private land use regulations
and the community associations obligated to enforce
covenants, conditions, and restrictions in deed-restricted
communities. These considerations are dissimilar to those
applicable to State law and local ordinances regulating the
same residential amateur radio facilities.
(7) In recognition of these considerations, a separate
Federal policy than exists at section 97.15(b) of title 47,
Code of Federal Regulations, is warranted concerning amateur
service communications in deed-restricted communities.
(8) Community associations should fairly administer private
land use regulations in the interest of their communities,
while nevertheless permitting the installation and
maintenance of effective outdoor amateur radio antennas.
There exist antenna designs and installations that can be
consistent with the aesthetics and physical characteristics
of land and structures in community associations while
accommodating communications in the amateur radio services.

SEC. 1103. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO
AMATEUR STATIONS.

(a) Amendment of FCC Rules.--Not later than 120 days after
the date of the enactment of this Act, the Federal
Communications Commission shall amend section 97.15 of title
47, Code of Federal Regulations, by adding a new paragraph
that prohibits the application to amateur stations of any
private land use restriction, including a restrictive
covenant, that--
(1) on its face or as applied, precludes communications in
an amateur radio service;
(2) fails to permit a licensee in an amateur radio service
to install and maintain an effective outdoor antenna on
property under the exclusive use or control of the licensee;
or
(3) does not constitute the minimum practicable restriction
on such communications to accomplish the lawful purposes of a
community association seeking to enforce such restriction.
(b) Additional Requirements.--In amending its rules as
required by subsection (a), the Commission shall--
(1) require any licensee in an amateur radio service to
notify and obtain prior approval from a community association
concerning installation of an outdoor antenna;
(2) permit a community association to prohibit installation
of any antenna or antenna support structure by a licensee in
an amateur radio service on common property not under the
exclusive use or control of the licensee; and
(3) subject to the standards specified in paragraphs (1)
and (2) of subsection (a), permit a community association to
establish reasonable written rules concerning height,
location, size, and aesthetic impact of, and installation
requirements for, outdoor antennas and support structures for
the purpose of conducting communications in the amateur radio
services.

SEC. 1104. AFFIRMATION OF LIMITED PREEMPTION OF STATE AND
LOCAL LAND USE REGULATION.

The Federal Communications Commission may not change
section 97.15(b) of title 47, Code of Federal Regulations,
which shall remain applicable to State and local land use
regulation of amateur service communications.

SEC. 1105. DEFINITIONS.

In this title:
(1) Community association.--The term ``community
association'' means any non-profit mandatory membership
organization composed of owners of real estate described in a
declaration of covenants or created pursuant to a covenant or
other applicable law with respect to which a person, by
virtue of the person's ownership of or interest in a unit or
parcel, is obligated to pay for a share of real estate taxes,
insurance premiums, maintenance, improvement, services, or
other expenses related to common elements, other units, or
any other real estate other than the unit or parcel described
in the declaration.
(2) Terms defined in regulations.--The terms ``amateur
radio services'', ``amateur service'', and ``amateur
station'' have the meanings given such terms in section 97.3
of title 47, Code of Federal Regulations.

TITLE XII

ADDITIONAL GENERAL PROVISIONS

references to act

Sec. 1201. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.

references to report

Sec. 1202. Any reference to a ``report accompanying this
Act'' contained in this division shall be treated as a
reference to House Report 115-792. The effect of such Report
shall be limited to this division and shall apply for
purposes of determining the allocation of funds provided by,
and the implementation of, this division.

spending reduction account

Sec. 1203. The amount by which the applicable allocation
of new budget authority made by the Committee on
Appropriations of the House of Representatives under section
302(b) of the Congressional Budget Act of 1974 exceeds the
amount of proposed new budget authority is $0.

[[Page H6434]]

This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2019''.

The CHAIR. Are there any points of order against the bill?
No further amendment to the bill, as amended, shall be in order
except those printed in House Report 115-830, and pro forma amendments
described in section 2 of House Resolution 996.
Each further amendment printed in the report shall be considered only
in the order printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall be
debatable for the time specified in the report equally divided and
controlled by the proponent and an opponent, shall not be subject to
amendment except as provided by section 2 of House Resolution 996, and
shall not be subject to a demand for division of the question.

Amendment No. 1 Offered by Mr. Biggs

The CHAIR. It is now in order to consider amendment No. 1 printed in
House Report 115-830.
Mr. BIGGS. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 3, line 14, after the dollar amount, insert ``(reduced
by $2,400,000)''.
Page 14, line 10, after the first dollar amount, insert
``(increased by $1,480,000)''.
Page 14, line 14, after the dollar amount, insert
``(increased by $1,480,000)''.

The CHAIR. Pursuant to House Resolution 996, the gentleman from
Arizona (Mr. Biggs) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. BIGGS. Madam Chair, I yield myself such time as I may consume.
Madam Chair, I thank Chairman Frelinghuysen and Chairman Calvert for
their efforts on this legislation and, in fact, the entire committee.
My amendment is simple. It re-prioritizes taxpayer money by moving a
small amount of funds from the Bureau of Land Management land
acquisition account and redirecting them to the National Park Service
maintenance backlog account.
Over the years, Congress has sent billions of dollars into these
accounts, allowing the Federal Government to acquire roughly 640
million acres. Today the Federal Government owns about 28 percent of
all the lands in the United States, including about 40 percent of the
land in my home State of Arizona.
This ownership and the subsequent management of the 640 million acres
comes at a great expense to the American taxpayer and poses
overwhelming challenges for land managing agencies. The deferred
maintenance backlog for the National Park Service--and I have here a
list of those--totals nearly $12 billion. The National Mall alone is
almost $800 million in deferred maintenance, and the Grand Canyon
National Park is $350 million in deferred maintenance.
The list goes on and on.
Given these challenges, it defies logic that we would continue to
spend millions of dollars to acquire more land that we can't pay to
maintain.
So I instead incur just $1.4 million of the net yield on this with my
amendment to start this process of paying for the backlog.
Madam Chair, I urge my colleagues to support this amendment, and I
reserve the balance of my time.
Ms. McCOLLUM. Madam Chair, I rise in opposition to this amendment.
The CHAIR. The gentlewoman from Minnesota is recognized for 5
minutes.
Ms. McCOLLUM. Madam Chair, investments in the Land and Water
Conservation Fund support public land conservation and ensure access to
all the outdoors for all Americans. As I mentioned in my opening
remarks, all 50 States enjoy and appreciate access to this fund.
The House bill provides $360 million which is $65 million below the
fiscal year 2018 level. So this account has already seen a cut.
So I think that the committee made it very clear. We are very
concerned about deferred maintenance in the national parks. The FY18
budget provides a $40 million increase over the FY18 enacted levels for
facility operations and maintenance.
Madam Chair, I reserve the balance of my time
Mr. BIGGS. Madam Chairman, I yield 1 minute to the gentleman from
California (Mr. Calvert).
Mr. CALVERT. Madam Chair, I rise in support of the gentleman's
amendment. I want to acknowledge, our members on both sides of the
aisle support more land acquisition funding, not less. That said, both
sides of the aisle also recognize the maintenance backlog of our
national parks is unacceptable.
In this bill we tried to balance the bipartisan support for land
acquisition with bipartisan support for maintaining and improving the
conditions of facilities we already own.
The gentleman from Arizona thinks we should direct a bit more to the
National Park Service maintenance, and there is no debate that those
needs are there.
Madam Chair, I support the amendment.
Ms. McCOLLUM. I believe I have the right to close, Madam Chair, so I
reserve the balance of my time until closing.
Mr. BIGGS. Madam Chair, we have a problem when we can't even agree on
prioritizing $1.5 million additional money to maintain national parks.
Washington, D.C., on the Mall alone, has $1 billion in maintenance
backlog. And Arizona, for instance, has one-half billion dollars in
maintenance. California has over $2 billion in maintenance backlog, and
I could go on and on.
But that is not necessary because we all know that we need to re-fund
the maintenance backlog, and I am only asking for $1.4 million of an
additional $18 million that is going to the land acquisition fund.
Madam Chair, I urge my colleagues to support this amendment, and I
yield back the balance of my time.
Ms. McCOLLUM. Madam Chair, to the gentleman who is offering the
amendment, I appreciate his goal of wanting to address backlog. I would
love to address more of our national park's backlog. But as I pointed
out, the Land and Water Conservation Fund also has broad bipartisan
support and has already taken a cut of $65 million below the FY18
budget level. So increasing access to our public lands for hunting,
fishing, and other recreational activities has bipartisan support, just
as addressing the deferred maintenance.
So if we can see an increase in the 302(b) as we move forward in
committee, I am sure the chairman would consider that, and I would be
very much in support of working something out.
But at this point, I am adamantly opposed to cutting the Land and
Water Conservation Fund any further.
With that, I would tell my colleagues to oppose the amendment, and I
yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Arizona (Mr. Biggs).
The question was taken; and the Chair announced that the ayes
appeared to have it.
Ms. McCOLLUM. Madam Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Arizona will be postponed.
The CHAIR. It is now in order to consider amendment No. 2 printed in
House Report 115-830.

Amendment No. 3 Offered by Mr. Soto

The CHAIR. It is now in order to consider amendment No. 3 printed in
House Report 115-830.
Mr. SOTO. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 8, line 2, after the dollar amount, insert ``(reduced
by $500,000) (increased by $500,000)''.

The CHAIR. Pursuant to House Resolution 996, the gentleman from
Florida (Mr. Soto) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. SOTO. Madam Chair, my amendment would move $500,000 from the
United States Fish and Wildlife general administration account to the
National Wildlife Refuge program specifically for the wildlife and
habitat management of invasive species.
This amendment is identical to an amendment I offered last year that
passed this body by a voice vote, and I

[[Page H6435]]

urge my colleagues to support this amendment again this year.
Invasive species threaten native plant and animal species and their
vital habitats. Currently, invasive species are the most frequently
mentioned threat within the National Wildlife Refuge System Threats and
Conflicts database and are a growing risk to our ecosystems.
The U.S. Fish and Wildlife Service is the only agency in the United
States Government with the primary responsibility of the conservation
of our Nation's fish, wildlife, and plants. The U.S. Fish and Wildlife
Service manages more than 561 refuges encompassing more than 150
million acres of habitat within the National Wildlife Refuge System.
As of 2013, more than 2.4 million acres of the refuge system are
impacted by invasive plants, including Lake Hatchineha in my home
district in central Florida with approximately 1,715 invasive animal
populations residing on the refuge lands. It is important we provide
enough funds to enable the U.S. Fish and Wildlife Service to combat and
reduce the harmful impact of invasive species.
Again, this amendment would increase funds to combat invasive species
that threaten native species in their vital habitat.
Madam Chair, I urge my colleagues to support the amendment, and I
reserve the balance of my time.

{time} 2000

Mr. CALVERT. Madam Chair, I rise in support of the amendment.
The CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Madam Chair, I am happy to accept the gentleman's
amendment and to work with the rest of my colleagues to address a need
for funding to battle the spread the harmful invasive species. I
support an ``aye'' vote, and I yield back the balance of my time.
Mr. SOTO. Madam Chair, I thank the gentleman from California for his
support, and I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Florida (Mr. Soto).
The amendment was agreed to.

Amendment No. 4 Offered by Mr. Lance

The CHAIR. It is now in order to consider amendment No. 4 printed in
House Report 115-830.
Mr. LANCE. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 8, line 2, after the dollar amount insert ``(increased
by $1,000,000)''.
Page 8, line 21, after the dollar amount insert ``(reduced
by $3,850,000)''.

The CHAIR. Pursuant to House Resolution 996, the gentleman from New
Jersey (Mr. Lance) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. LANCE. Madam Chair, I rise today to offer an amendment increasing
funding for the Delaware River Basin Restoration Program.
Protecting our Nation's water supply is one of the major
accomplishments of this legislation, and the Delaware River is a strong
priority for the country.
I thank Chairman Frelinghuysen and Chairman Calvert for their support
of this program and support of my bipartisan amendment I offer tonight
with Congressman Gottheimer, also of New Jersey.
The Delaware River supplies water to over 15 million people and
serves as the major source of drinking water for New Jersey, New York,
Delaware, and Pennsylvania. Indeed, of the major cities across the
globe, New York is considered to have the best quality water, and that
is due to the Delaware River Basin.
Federal policies governing our Nation's waterways affect every State
and the lives and health of every American. The interstate commerce
generated by these multistate natural resources is squarely an
important Federal prerogative. But the Delaware River's national
significance is only part of the story. This is a wise Federal
investment.
The Delaware River Basin generates $25 billion annually in economic
activity, including agriculture, recreation, and ecotourism. Protecting
our water and contributing to at least 600,000 jobs and over $10
billion in annual wages gives taxpayers a return on the investment we
make with this vote.
I have the honor of representing communities on the Delaware River in
Hunterdon and Warren Counties in western New Jersey; and Congressman
Gottheimer, my Democratic cosponsor, also represents municipalities on
the Delaware River in Warren and Sussex Counties.
The Delaware River is a national asset. I urge a ``yes'' vote on the
Lance-Gottheimer amendment, and I am deeply grateful for the support of
the committee chair and the subcommittee chair.
Madam Chair, I reserve the balance of my time.
Ms. WASSERMAN SCHULTZ. Madam Chair, I claim the time in opposition to
the amendment even though I am not opposed.
The CHAIR. Without objection, the gentlewoman from Florida is
recognized for 5 minutes.
There was no objection.
Ms. WASSERMAN SCHULTZ. Madam Chair, I commend Ranking Member McCollum
and Chairman Calvert for their hard work on the Interior Appropriations
bill, and also Ranking Member Quigley and Chairman Graves for their
work on the Financial Services Appropriations bill. But, unfortunately,
I cannot support this misguided appropriations package.
The bill before us today fails to fund critical domestic programs
that safeguard our air and water or to adequately secure our elections.
Last year, after an unprecedented attack on a democracy, we came to a
bipartisan consensus on the need for funding election security and
included $380 million in the Consolidated Appropriations Act. This
year, the majority zeroed out the account for election security
assistance.
Given the indictments handed down by Special Counsel Mueller last
week and the disgraceful performance by the President of the United
States in Helsinki yesterday, I cannot think of a more important
account to fund than one for election security.
If the President of the United States is unwilling to stand up to
Putin and defend our democracy, it is incumbent upon us as Members of a
coequal branch of government to do so.
This bill fails the American people in so many crucial ways, but if
it fails to protect our elections, we risk eroding the vital
accountability that undergirds our democracy.
Madam Chair, we are at a critical juncture in our Nation's history.
Will America continue our leadership in the world as a beacon of
democracy and integrity, or will we cower and bow to Russia and refuse
to protect our election systems from their proven desire to interfere
with our elections? Sadly, the bill before us fails to provide the
resources necessary to meet that moment.
Madam Chair, I urge my colleagues to oppose this appropriations
package but not the amendment, and I reserve the balance of my time.
Mr. LANCE. Madam Chair, I yield to the gentleman from California (Mr.
Calvert).
Mr. CALVERT. Madam Chair, I rise in support of the gentleman's
amendment.
The Delaware River Conservation Program leverages Federal funding by
at least 2 to 1. That is exactly the kind of public-private partnership
we should be fostering throughout the enterprise. That is why I support
this amendment, and I urge my colleagues to do the same.
Ms. WASSERMAN SCHULTZ. Madam Chair, I yield the balance of my time to
the gentlewoman from Minnesota (Ms. McCollum).
Ms. McCOLLUM. Madam Chair, I think what the gentleman from New Jersey
is talking about is something that I am supportive of, but I am not
supportive of the offset.
As the gentleman is aware, our 302(b) allocation was level-funded,
and the 2018 omnibus bill provided $5 million to implement the Delaware
Basin Conservation Act in FY19. An additional $5 million is provided,
so it is a total of $10 million.
The offset to the amendment is what I have an objection to, not the
gentleman's goals. The offset the gentleman

[[Page H6436]]

uses does not require a one-for-one match. The offset that he is using
in order to move forward would reduce Fish and Wildlife Service
construction by $3.85 million, and it has already been cut by $6
million. So the total cut to Fish and Wildlife construction would be
$10 million at the end of the gentleman's amendment.
At this time, I am going to object to the amendment, but I would work
with the gentleman and the chair to not only get a higher 302(b)
allocation, but to find a different offset.

Ms. WASSERMAN SCHULTZ. Madam Chair, I yield back the balance of my
time.
Mr. LANCE. Madam Chair, unfortunately, the offset is larger than the
increase because of the differences in outlay rates. Amendments must be
outlay neutral, per House rules.
Due to the work of Chairman Frelinghuysen and Chairman Calvert, the
underlying bill already includes the second year of a 2-year, $100
million funding surge in Fish and Wildlife Service construction
funding, making it one of the best offsets possible as an option.
This bipartisan amendment is crucial for preserving the Delaware
River watershed, which is already subject to cuts in the Senate's
Interior Appropriations bill.
Madam Chair, due to the importance of the Delaware River, I urge a
``yes'' vote, and I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from New Jersey (Mr. Lance).
The amendment was agreed to.

Amendment No. 5 Offered by Mr. Courtney

The CHAIR. It is now in order to consider amendment No. 5 printed in
House Report 115-830.
Mr. COURTNEY. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 14, line 10, after the first dollar amount, insert
``(reduced by $300,000) (increased by $300,000)''.

The CHAIR. Pursuant to House Resolution 996, the gentleman from
Connecticut (Mr. Courtney) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Connecticut.
Mr. COURTNEY. Madam Chair, again, this is a simple amendment which
would designate $300,000 within the operation of the National Park
System for the New England National Scenic Trail. This is an amendment
which was offered last year and was adopted by voice vote in an en bloc
amendment. Again, the language is absolutely identical.
By way of background, the New England Trail was designated as a
National Scenic Trail in 2009, making it one of the newest of the
Nation's 11 National Scenic Trails. The trail is 223 miles long and
winds through 41 communities in Connecticut and Massachusetts.
Amazingly, nearly 2 million people live within 10 miles of the trail,
making it one of the most accessible National Scenic Trails for one of
the most densely populated parts of the country.
It was passed in 2007. Congressman John Olver, Richie Neal, John
Larson, Rosa DeLauro, now-Senator Chris Murphy, and I introduced and
passed the law, the New England Scenic Trail Designation Act.
Unfortunately, the trail has been woefully underfunded for the last 5
years. The trail system has received an average of $127,000 in funding,
which is split three ways between the Connecticut Forest and Park
Association, the Appalachian Mountain Club, and the National Park
Service.
Of the approximately $43,000 each entity receives, the vast majority
goes to facility maintenance, volunteer coordination, community
engagement, outreach to youth, and the trail's landowner hosts.
Impressively, much of the work that is done is supported by volunteers
who put in more than 5,000 hours of maintenance activity annually.
I would just note that the managers of the trail have done their best
to leverage an impressive $1.53 million in non-Federal funding in 2015.
So they actually have been very efficient and creative in terms of
trying to leverage and maximize the support that is, again, far below
what the national park trail feasibility study recommended back in
2005, when they recommended an annual budget of $271,000.
Again, this is an amazing trail that goes through New England
landscapes such as long-distance vistas with rural towns as a backdrop,
farmlands, forests, and large river valleys. It also travels through
colonial historical landmarks and highlights a range of diverse
ecosystems and natural resources: mountain ridges and summits, forested
glades, and wetlands.
Again, I want to thank Chairman Calvert and Ranking Member McCollum
for their support last year.
I would urge passage of this identical amendment. It is supported by
my colleagues in the region.
Madam Chair, I reserve the balance of my time.
Mr. CALVERT. Madam Chair, I support the amendment.
The CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Madam Chair, I appreciate the Member's interest in the
New England Scenic Trail and the National Park Service operations
generally.
Madam Chair, I yield back the balance of my time.
Mr. COURTNEY. Madam Chair, silence is golden, and I yield back the
balance of my time
The CHAIR. The question is on the amendment offered by the gentleman
from Connecticut (Mr. Courtney).
The amendment was agreed to.

Amendment No. 6 Offered by Mr. Courtney

The CHAIR. It is now in order to consider amendment No. 6 printed in
House Report 115-830.
Mr. COURTNEY. Madam Chair, I rise as the designee of the gentleman
from Oregon (Mr. Blumenauer), and I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 15, line 4, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 38, line 21, after the dollar amount, insert
``(reduced by $5,000,000)''.

The CHAIR. Pursuant to House Resolution 996, the gentleman from
Connecticut (Mr. Courtney) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Connecticut.
Mr. COURTNEY. Madam Chair, this bipartisan amendment would restore $5
million to the National Park Service's Historic Preservation Fund to
achieve level funding from the 2018 fiscal year.
This amendment continues the same spirit of bipartisanship that
Congress displayed in 2016 when we reauthorized the Historic
Preservation Fund through 2023 and that Congress displayed last year
when we passed a similar amendment in this Chamber.
Since the Historic Preservation Fund's creation in 1966, Congress has
allocated more than $2 billion to communities across the country to
connect Americans to our history and to contribute to our sense of
place.
Historic preservation projects prioritize local workers, create more
jobs per dollar spent than other construction projects, and use fewer
carbon emissions than building anew.
The Historic Preservation Fund includes funding for State historic
preservation offices, which work with local communities to revitalize
historic locations and protect American heritage. Importantly, State
historic fund offices administer the historic rehabilitation tax
credit, which, nationwide, has leveraged $131 billion in private
investment and created 2.4 million jobs since its inception.
It is that kind of high return leverage that the Historic
Preservation Fund achieves. That explains why the program received the
funding level in the 2018 omnibus that Mr. Blumenauer seeks to restore.
I would note that the omnibus was a bipartisan and bicameral
agreement which the chair and ranking member supported.
Again, this amendment does not seek to raise spending above the 2018
omnibus, which cleared both Houses with a healthy bipartisan vote and
which was signed into law by President Trump last March.
Madam Chair, I urge passage of the Blumenauer amendment, and I
reserve the balance of my time.
Mr. CALVERT. Madam Chair, I rise in support of the amendment.

[[Page H6437]]

The CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.

{time} 2015

Mr. CALVERT. Madam Chair, as the gentleman knows, I am a strong
supporter of the National Park Service and the Historic Preservation
Fund. While I have some concerns about the offset at the Office of the
Secretary, this is a bipartisan amendment I can accept, and I urge
adoption of the amendment.
Madam Chair, I yield back the balance of my time.
Mr. COURTNEY. Madam Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Connecticut (Mr. Courtney).
The amendment was agreed to.

Amendment No. 7 Offered by Ms. Sewell of Alabama

The CHAIR. It is now in order to consider amendment No. 7 printed in
House Report 115-830.
Ms. SEWELL of Alabama. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 15, line 4, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 15, line 23, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 38, line 21, after the dollar amount, insert
``(reduced by $2,500,000)''.

The CHAIR. Pursuant to House Resolution 996, the gentlewoman from
Alabama (Ms. Sewell) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Alabama.
Ms. SEWELL of Alabama. Madam Chair, I rise today in support of my
amendment, which would increase the funding for competitive grants to
preserve the sites and stories of the civil rights movement by $2.5
million.
My district, the Seventh Congressional District, is also known as the
Civil Rights District. Many historic events, from the bombing of the
16th Street Baptist Church, to the Children's March, to the Montgomery
bus boycott, to Bloody Sunday, all took place in my district.
These events are of national significance, and we are fortunate that
the National Park Service is working with States, local communities,
and nonprofits to preserve and interpret these stories. I am so
grateful that the National Park Service has a strong presence in my
district, and I have seen firsthand that they not only preserve the
sites and stories of our great American history, but they also bring
economic revitalization to the communities.
In my hometown of Selma, Alabama, the National Park Service Selma
Interpretive Center brings tourism dollars to a rural Black Belt county
that would otherwise not have such economic development.
In Birmingham, the civil rights monument is already playing a
critical role in the downtown redevelopment. In fact, for every dollar
invested in the national parks, $10 is generated in national economic
activity.
The National Park Service also supports more than a quarter million
private sector jobs. Therefore, I believe that making a small,
additional investment in the Historic Preservation Fund will yield
great dividends and results in economic revitalization in communities
across this country.
The civil rights preservation fund has benefited civil rights sites
from Iowa, to Nevada, to Massachusetts, and beyond. Grant projects from
these additional funds would help provide for interpretation,
education, surveys, oral history documentation, as well as physical
preservation. It will also help lesser known civil rights sites get
known.
The National Park Service's own 2008 study found that civil rights
history and landmarks are underrepresented in the National Park System,
so this grant will also give us an opportunity to increase the amount
of money and funds that we give for historic preservation of civil
rights sites.
From reconstruction, to the era of Jim Crow, to the birth of the
civil rights movement, to the current struggle for equality and
justice, there is so much history that deserves to be preserved and
interpreted for the benefit of future generations.
I want to thank the chairman of the subcommittee, Mr. Calvert, and
the ranking member, Ms. McCollum, for their help in preserving civil
rights sites all across the United States. Now is the time to do that
preservation.
Madam Chair, I yield 2 minutes to the gentleman from South Carolina
(Mr. Clyburn), my friend, the Democratic assistant leader, who will
also support increasing the Historic Preservation Fund.
Mr. CLYBURN. Madam Chair, I rise in support of the Sewell amendment.
This proposal would increase funding for grants from the Historic
Preservation Fund to preserve the sites and tell the stories of the
civil rights movement.
I want to thank my colleague Terri Sewell for her leadership on this
issue, and I thank the chairman and the ranking member for their
support of this program in the past.
First funded in fiscal year 2016, this program has met a great need
in rural communities across our Nation that are struggling to preserve
and protect their legacies.
Last year, the program funded a $500,000 grant to preserve Trinity
United Methodist Church, which will help secure the church's legacy and
preserve its history for future generations. I was a student at South
Carolina State University in Orangeburg, South Carolina, during this
time, and I know well the role that Trinity played in our meetings and
our rallies, many of them attended by luminaries like Martin Luther
King, Jr., Roy Wilkins, Thurgood Marshall, and many others.
This is but one example of several successful grants in South
Carolina and throughout the Nation. There is much more work to be done
to fully preserve this history.
Madam Chair, I strongly support this amendment.
Mr. CALVERT. Madam Chair, I rise in support of the amendment.
The CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Madam Chair, to the gentlewoman, my colleague on the
House Intelligence Committee, this is certainly an amendment I can
accept. The gentlewoman and I have a history over the years of working
together on this program, and I am happy to continue it.
Madam Chair, I urge adoption of the amendment, and I yield back the
balance of my time.
Ms. SEWELL of Alabama. Madam Chair, I want to personally thank
Chairman Calvert as well as Ranking Member McCollum for working closely
with me on this amendment.
Madam Chair, I urge all my colleagues to vote ``yes'' on this
amendment, and I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from Alabama (Ms. Sewell).
The amendment was agreed to.

Amendment No. 8 Offered by Ms. Jackson Lee

The CHAIR. It is now in order to consider amendment No. 8 printed in
House Report 115-830.
Ms. JACKSON LEE. Madam Chairwoman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 15, line 18, after the dollar amount, insert
``(increased by $500,000)''.

[[Page H6438]]

The Jackson Lee amendment ensures that sites important to our
American history are no longer overlooked due to mere lack of
resources. It accomplishes this goal by promoting research that
uncovers information to assist in telling the full American story.
Historical places create connections to our heritage that help
understand our past, appreciate our triumphs, and learn from our
mistakes. And they cover all of the cultural backgrounds, from African
Americans, to Anglos, to Hispanics, and to Asians, all in this
wonderful, diverse country who have had a story to tell, as well as
Native Americans and many others.
Such stories might otherwise be lost because urban renewal and out-
migration of Blacks destroyed or led to the abandonment of many African
American communities. Preservation helps recognize, save, revitalize,
and protect Americans' historic places, build communities, and foster
education and pride.
I am reminded of Freedmen's Town in my home city and Emancipation
Park, which was the first park bought in the entire State of Texas by
freed slaves.
Madam Chair, I ask my colleagues to support the Jackson Lee
amendment.
Madam Chair, I rise in strong support of Jackson Lee Amendment No. 8
to Division A of H.R. 6147, the Department of the Interior,
Environment, and Related Agencies Appropriations Act of 2019.
This Jackson Lee Amendment increases grant funding by $500 thousand
so that organizations interested in historical preservation, especially
in underrepresented communities, have the ability to study, survey, and
nominate properties to the National Register of Historic Places.
Due to lack of resources, certain communities are underrepresented in
this process so this amendment ensures that is no longer the case.
This Jackson Lee Amendment ensures that sites important to our
American history are no longer overlooked due to mere lack of
resources, it accomplishes this goal by promoting research that
uncovers information to assist in telling the full American story.
Historical places create connections to our heritage that help us
understand our past, appreciate our triumphs, and learn from our
mistakes.
Madam Chair, by understanding and designating landmarks we stimulate
local revitalization and foster interest in places that otherwise may
go unnoticed, despite cultural and historic significance.
By preserving historic sites that tell the story of Americans in this
country, we draw attention to the contributions of both ordinary and
extraordinary people.
Such stories might otherwise be lost because urban renewal and the
out-migration of blacks destroyed or led to the abandonment of many
African American communities.
Preservation helps to recognize, save, revitalize and protect
America's historic places, build communities, and foster education and
pride.
The Historic Preservation Fund (HPF) provides matching grants to
State and Tribal historic preservation offices.
These HPF grants are used to pay for research and surveys of historic
sites, training for staff, and the work involved in nominating these
sites to the National Register of Historic Places.
In short, it makes preservation possible to communities that
otherwise would not have the means to engage in the nominating process.
The Jackson Lee amendment is essential because it provides funds to
preserve sites that are directly connected to the Civil Rights
Movement.
For example, earlier this year I introduced H.R. 4745, the
Emancipation National Historic Trail Act that seeks a federal
designation of the Emancipation National Historic Trail.
The Emancipation National Historic Trail extends approximately 51
miles and marks the migration of newly freed slaves, who, upon learning
of the Emancipation Proclamation two years after the President had
signed it into law, departed from what is now the Osterman Building and
Reedy Chapel in Galveston, and charted a course along Texas State
Highway 3 and Interstate Highway 45 North to Freedmen's Town and
Emancipation Park in Houston.
Increasing grant funding for this program would make projects like
the Emancipation Trail possible.
Madam Chair, it is imperative that we preserve and codify the
historical record and memorialize significant events of our past.
I urge my colleagues to join me in voting for Jackson Lee Amendment
No. 8 to Division A of H.R. 6147 as it is vital that we support the
preservation of important sites.
Madam Chair, I reserve the balance of my time.
Mr. CALVERT. Madam Chair, I rise in support of the amendment.
The CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Madam Chair, I have no objections and urge adoption of
the amendment.
I yield back the balance of my time.
Ms. JACKSON LEE. Madam Chair, I thank the gentleman for that, and I
want to give an example that earlier this year I introduced H.R. 4745,
the Emancipation National Historic Trail Act, that seeks Federal
designation of the Emancipation National Historic Trail, that it would
extend 51 miles and mark the migration of newly freed slaves. But, more
importantly, it takes us from Captain Granger in Galveston, who brought
the slaves in Texas who were freed in 1865, 2 years after the
Emancipation Proclamation, and it tracks the historic markers all the
way to Freedmen's Town and Emancipation Park.
This is an opportunity not only for the communities to be joined
together but, again, to reemphasize history that is intertwined. A
study shows the connection between culture, heritage, and tourism, and
that 37 percent of global tourism has a cultural motivation, and 57
percent of travelers are strongly influenced by history and culture in
their choice of holiday destination. This will help underserved
communities.
Madam Chair, I ask my colleagues to support the Jackson Lee
amendment, and I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The amendment was agreed to.

Amendment No. 9 Offered by Mr. Clyburn

The CHAIR. It is now in order to consider amendment No. 9 printed in
House Report 115-830.
Mr. CLYBURN. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 15, line 4, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 15, line 24, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 38, line 21, after the dollar amount, insert
``(reduced by $2,000,000)''.

The CHAIR. Pursuant to House Resolution 996, the gentleman from South
Carolina (Mr. Clyburn) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from South Carolina.
Mr. CLYBURN. Madam Chair, this amendment would increase by $2 million
the Historic Preservation Fund to restore and preserve buildings and
sites on the campuses of Historically Black Colleges and Universities.
It is offset by a minor reduction in the administration account for the
Department of the Interior.
Most HBCUs were founded after the Civil War to provide higher
education to African Americans, most of whom were newly freed from
slavery. These institutions continue to serve a vital purpose and have
deep historical connections with African Americans and American
history. Most of them have sites and structures of historical
significance that are in dire need of restoration and preservation.
Early in my tenure in Congress, I worked with my colleagues in the
Congressional Black Caucus and in leadership of this committee and the
Committee on Natural Resources to authorize and appropriate funds to
the GAO to study the breadth of this issue. The GAO identified 712
endangered historic buildings at an approximate cost of restoration of
$755 million.
My amendment today will increase the funding in the bill for this
important program by $2 million, to a total of $7 million, still $3
million below the level authorized by the House-passed bill.
I have seen the transformational power of historic preservation in my
congressional district, where buildings like Ministers' Hall at Claflin
University and Chappelle Auditorium at Allen University were restored
after decades of abandonment to their original glory as iconic
institutions of their communities.
Madam Chair, I yield 1 minute to the gentlewoman from Alabama (Ms.
Sewell).

[[Page H6439]]

Ms. SEWELL of Alabama. Madam Chair, I rise today as a supporter and
cosponsor of this amendment, which would add $2 million for the
Historic Preservation Fund grants for Historically Black Colleges and
Universities.
HBCUs have always been a hub for bright, young African Americans to
come together and to promote both individual development and community
development.
These institutions are national treasures, and their legacy and
history deserves to be protected for the benefit of future generations.
The Historic Preservation Fund grants for HBCUs are a perfect tool to
help these institutions protect their historic civil rights sites and
buildings, and I look forward to continuing to work with the 14 HBCUs
in my home State of Alabama to seek these funds.
Madam Chair, I again thank Assistant Leader Clyburn for his
leadership on this matter over the years. I thank him for the
opportunity to speak on this amendment. I also thank the chairman and
ranking member.
Mr. CLYBURN. Madam Chair, may I ask how much time I have left.
The CHAIR. The gentleman from South Carolina has 1\1/2\ minutes
remaining.
Mr. CLYBURN. Madam Chair, I yield 1 minute to the gentlewoman from
Minnesota (Ms. McCollum), the ranking member of the subcommittee.
Ms. McCOLLUM. Madam Chair, I am honored to stand up and support
Historically Black Colleges and Universities and, as has been pointed
out, the important role that they play in our education system. Adding
additional resources to preserve these structures on these campuses is
necessary to maintain them.
Madam Chair, I am very honored to represent many people from the
Oromo community who are proud alumni from HBCUs. I stand with the
gentleman to make sure that we have the resources needed for African
American preservation and history, not only to have passed along our
appreciation of our Nation's history to future generations, but to give
the next generation great buildings to be educated in.

{time} 2030

Mr. CLYBURN. Madam Chair, I thank Ranking Member McCollum. I thank
the chairman of the subcommittee, Ms. Sewell, and Congresswoman Adams
for their support of this legislation.
As a proud graduate of an HBCU, with a daughter who is an HBCU
graduate, I am very much supportive of restoring and preserving the
tremendous history of these institutions.
Madam Chair, I yield back the balance of my time.
Mr. CALVERT. Madam Chair, I rise in support of the gentleman's
amendment.
The CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Madam Chair, the gentleman and I have a history over the
years of working together to support HBCUs. I thank the gentleman for
working with me on this issue and with the ranking member, and I urge
the adoption of this amendment.
Madam Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from South Carolina (Mr. Clyburn).
The amendment was agreed to.

Amendment No. 10 Offered by Ms. Jackson Lee

The CHAIR. It is now in order to consider amendment No. 10 printed in
House Report 115-830.
Ms. JACKSON LEE. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 15, line 24, after the dollar amount, insert
``(increased by $1,000,000)''.

The CHAIR. Pursuant to House Resolution 996, the gentlewoman from
Texas (Ms. Jackson Lee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE. Madam Chair, I thank the chairman and the ranking
member of this committee for their commitment to historic preservation.
Since 1837, Historically Black Colleges and Universities have served
the needs of higher education for the African American community. The
first HBCUs were established in Pennsylvania, Ohio, Missouri, and
Tennessee.
After the Civil War, there was an influx of HBCU establishments
throughout the Southeast, Midwest, and Southwest. The Jackson Lee
amendment provides an additional $1 million for the Historic
Preservation Fund, and within that fund to be allocated to Historically
Black Colleges and Universities, institutions that are uniquely
American, fundamentally historical, and distinctly beneficial to the
American culture and history.
In my State of Texas, it joins with any number of States throughout
the United States in the North, the South, the East, and the West.
Interestingly, these schools are not relegated to the South. They are
actually all over the United States, and they are older structures. For
those of us who visited these schools, we recognize the importance of
continuing to preserve their historic structure.
I mentioned earlier that there are great results in funding and
profits for those who can provide historic opportunities for travelers
to visit.
In 2017, Congress appropriated $4 million for the Historic
Preservation Fund to rehabilitate historic structures on campuses of
HBCUs that are listed in the National Register of Historic Places
either individually or as contributing to the National Register of
Historic Places. I can assure you that these are great assets to
America. The projects must meet major program selection criteria, and
all work must meet the Secretary of the Interior's standards and
guidelines for archeology and historic preservation.
Simply, what we are doing is allowing our history to be preserved.
The network of more than 100 historic institutions, established as
early as 1837 for former slaves and by former slaves and freedmen,
contain repositories of important books, papers, and memorabilia of
Black history.
Black history, as other history, is American history, and the
opportunity to preserve it and to continue to expand the opportunity to
improve buildings that will now educate this generation of students is
an important role for us to play.
Madam Chair, I rise in support of Jackson Lee Amendment No. 10 to
Division A of H.R. 6147, the Department of the Interior, Environment,
and Financial Services Appropriations Act of 2019.
Jackson Lee Amendment No. 10 provides an additional $1,000,000 for
the Historic Preservation Fund to be allocated to Historically Black
Colleges and Universities--institutions that are uniquely American,
fundamentally historical, and distinctly beneficial to American culture
and history.
Since 1837, Historically Black Colleges and Universities (HBCUs) have
served the needs of higher education for the African American
community.
The first HBCUs were established in Pennsylvania, Ohio, Missouri, and
Tennessee.
After the Civil War there was an influx of HBCU establishment
throughout the Southeast, Midwest, and Southwest.
Since the 1990s, the National Park Service has awarded over $60
million in grants to over 80 of the remaining active HBCUs.
These grants work to preserve the historic structures on HBCU
campuses, many of which are listed in the National Register of Historic
Places.
In 2017, Congress appropriated $4 million from the Historic
Preservation Fund to rehabilitate historic structures on campuses of
HBCUs that are listed in the National Register of Historic Places
either individually or as contributing to a National Register historic
district.
Projects must meet major program selection criteria and all work must
meet the Secretary of the Interior's Standards and Guidelines for
Archeology and Historic Preservation.
HBCUs represent a significant place in American history.
This network of more than 100 historic institutions established as
early as 1837 for former slaves and freedmen contain repositories of
important books, papers and memorabilia of Black history.
In addition, HBCUs served as meeting places during the civil rights
struggles of the 1900s.
Against substantial odds, HBCUs have played a unique role in
transforming the landscape of higher education in the United States,
and continue to prepare the African American professional and civic
leaders needed by communities, employers and the nation.
In 2013, HBCUs comprised 3 percent of all four- and two-year colleges
and universities, but enrolled 10 percent of African American

[[Page H6440]]

undergraduates, produced 18 percent of the nation's African American
college graduates, and generated 25 percent of African Americans with
bachelor degrees in science, technology, engineering and mathematics
(STEM) fields.
Created to educate black students at a time when society had yet to
integrate, historically black colleges and universities (HBCU's) have
had an outsize impact on the success of the black community and
therefore the American community as a whole.
HBCUs do not only educate--HBCUs have and will continue to fill an
important role in education opportunity and engagement for millions of
young people from diverse backgrounds.
Ensuring HBCUs receive the funds necessary to succeed enriches our
culture as a nation and promotes a more complete history of our country
to be preserved.
Emphasizing the importance of diversity is the best way to tell the
complete story of the American experience, and when the American story
is told by all of those who helped shape its success as a nation, we
perpetuate American exceptionalism.
Madam Chair, our HBCUs are not just academic institutions, rather,
incubators that stimulate black excellence that, more importantly,
preserve the rich and true history of those of African descent--again,
contributing to the fabric of American culture as a whole.
Texas Southern University, an outstanding HBCU, is a major
contribution and asset to the 18th District, serving as a distinct
example of the benefits that these institutions offer to the community.
HBCUs not only enjoy historical campuses, but they are also
repositories of expertise on American History.
In a 1998 study, more than 100 HBCUs identified 712 historic
properties that were owned by the schools in responses to a survey from
the U.S. Government Office of Accountability.
Nearly half of those buildings, 323, are on the National Register of
Historic Places indicating significance in American history, and the
others were eligible for the national register based on surveys by
state historic preservation officers or considered historic by the
colleges and universities.
According to the surveys at that time, 103 HBCUs estimated $755
million in costs to restore and preserve the properties, such as
improving accessibility to people with disabilities, roof replacement
and removing lead-based paint or asbestos, both known for containing
cancer-causing material.
Routine maintenance costs were not part of the estimates.
We, as a nation, have a responsibility to foster education, culture,
knowledge, diversity and leadership; and with that, Mr. Chairman, we
have a responsibility to ensure that HBCUs continue to serve as
repositories of American History and thrive as academic institutions
and continue to benefit society as a whole.
I urge my colleagues to join me in voting for Jackson Lee Amendment
No. 10.
Madam Chair, I reserve the balance of my time.
Mr. CALVERT. Madam Chair, I rise in support of the gentlewoman's
amendment.
The CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Madam Chair, I am happy to continue to work with the
gentlewoman from Texas on this program and others, and I have no
objection.
Madam Chair, I urge adoption of the amendment, and I yield back the
balance of my time.
Ms. JACKSON LEE. Madam Chair, I thank Mr. Calvert, and, again, I
thank the ranking member who has been so gracious.
I believe Texas Southern University--not as old as 1837--Prairie View
A&M, and others throughout the Nation will benefit from preserving
these historic buildings, and, as well, providing them as a source of
learning for everyone around the Nation.
Madam Chair, I ask my colleagues to support the Jackson Lee
amendment, and I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The amendment was agreed to.

Amendment No. 11 Offered by Mr. Olson

The CHAIR. It is now in order to consider amendment No. 11 printed in
House Report 115-830.
Mr. OLSON. Madam Chair, I rise as the designee of Congressman Ted Poe
to speak on behalf of his amendment.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 15, line 6, after the dollar amount, insert ``(reduced
by $20,000,000)(increased by $20,000,000)''.
The CHAIR. Pursuant to House Resolution 996, the gentleman from Texas
(Mr. Olson) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. OLSON. Madam Chair, we have a class of American warships that
haven't been built since World War II. They are called battleships.
America made 64 battleships. Only seven survived World War II. They
are the North Carolina, Alabama, Massachusetts, Iowa, New Jersey,
Missouri, and Wisconsin.
But one survived World War II and World War I. This ship is special.
It is the Battleship Texas. She is over 104 years old. She was
commissioned on March 12 of 1914. She patrolled the Atlantic during the
First World War. She is the first American ship with antiaircraft guns.
She is the first battleship that had directors and rangekeepers to lock
on with their 10 14-inch main batteries.
There she is today. She has made history in our Navy.
March 1919, Lieutenant Commander Edward McDonnell took a British
Sopwith Camel off turret number 3, Naval aviation was born. The wings
of gold started on the USS Texas.
The skipper of the Texas was so impressed. He noticed those planes
could see splashes for the weapons. They could target with aircraft.
That meant the Texas would be the first ship ever to launch planes to
recover as spy mechanisms during a war.
The Texas was at Casco Bay, Maine, on December 7, 1941, the day Japan
bombed Pearl Harbor. In the Atlantic Ocean, on October 23, 1942, as
part of Operation Torch, the invasion of French Morocco, the Texas
bombed and bombed and bombed the enemy.
June 6, 1944, at 5:50 a.m., the Texas roared to life with a constant
bombardment of all the weapons--225 14-inch rounds hit the Germans in
34 minutes.
June 7, the next day, she is off the cliffs of Pointe Du Hoc where
the rangers were in a dogfight for their lives being shot at from
above. The Texas launched two Higgins boats, supplied the rangers with
more weapons, and brought the wounded home.
That may have been a natural fit. And the command of those rangers
was a Texan, a proud Texas Aggie, Earl Rudder.
On the beaches that day, my colleague, Ted Poe's father, Virgil Poe,
heard the Texas roar and saw the flame come out of the big guns. When
the war in Europe with Hitler went ashore, the Texas redeployed to the
Pacific. On February 16, she pounded the Japanese on Iwo Jima for 3
straight days before the Marine Corps landed.
March 1945, 6 straight days of bombing Okinawa cleared the way for
the Army and Marines to take that island back.
The Texas struck the Naval record as a registered vessel on April 20
of 1948. She was given to my home State, the State of Texas. She is now
the flagship of the Texas Navy, Admiral Ted Poe's flagship. Our
colleague, Ted, is an admiral of the Texas Navy.
She is moored right where Texas won independence, the San Jacinto
Monument, right there southwest of Houston, Texas. But sadly, inaction
in D.C. and in Texas has done what the German Kaiser, General
Mussolini, Adolf Hitler, and General Tojo could not do. The Texas is
sinking. Rust and time are winning.
The Texas still has a heart of a warship. She twice set sail during
Hurricane Ike. She and all these battleships deserve to be saved. It is
time to heave up and trice up. Vote for this amendment, and save our
battleships.
Madam Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Texas (Mr. Olson).
The amendment was agreed to.

Amendment No. 12 Offered by Mrs. Dingell

The CHAIR. It is now in order to consider amendment No. 12 printed in
House Report 115-830.
Mrs. DINGELL. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 19, line 24, after the dollar amount, insert
``(reduced by $250,000) (increased by $250,000)''.

[[Page H6441]]

The CHAIR. Pursuant to House Resolution 996, the gentlewoman from
Michigan (Mrs. Dingell) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Michigan.
Mrs. DINGELL. Madam Chair, I rise in support of my bipartisan
amendment to H.R. 6147, the Interior Appropriations Act, which I am
proud to introduce with my friend and colleague from Michigan,
Congressman John Moolenaar.
Our amendment would provide funding to continue and advance the great
science that is being done in the U.S. Geological Survey's Fisheries
Program. We need more research to protect important ecosystems, like
the Great Lakes, from invasive species and better understand how to
conserve and protect important fishery resources.
The Great Lakes Science Center, which is strategically located near
access fishery resources in communities across the eight Great Lakes
States, would be an appropriate recipient of these additional
resources.
The Great Lakes are a way of life for so many across Michigan and
many other States, including agriculture, commercial and sport fishing,
transportation, shipping, power generation, recreation, and tourism.
Whether you live, work, or vacation on the Great Lakes, we all
benefit in preserving and conserving the Great Lakes for future
generations.
The Great Lakes Science Center would be able to adopt cutting-edge
technologies to support fisheries management, native prey fish
restoration, and invasive species control by deploying autonomous
underwater systems to assess impacts of bottom-dwelling invasive
species on economically important fisheries and recreational resources.
The Science Center would continue to do their work on piloting gene
silencing techniques to control zebra and quagga mussels in lakes and
rivers with nationwide applications.
Fisheries science has been broadly recognized as a national and
regional priority for many years, and nearly every action in the past
has been to either maintain or increase the funding for the USGS
fisheries assessments in the Great Lakes.
The Great Lakes Fishery Program also has enjoyed long bipartisan
support from Congress.

{time} 2045

The Great Lakes are a treasured national resource, with more than 20
percent of the world's freshwater, 9,000 miles of shoreline, and
supporting a $16 billion outdoor recreation economy.
It is critical we maintain funding to continue the United States
Geological Survey's research and to enhance exploration in cutting-edge
technologies to support fisheries management, native prey fish
restoration, and invasive species control that is being done at the
Great Lakes Science Center.
Madam Chair, I urge all of my colleagues to support this important
bipartisan amendment, and I reserve the balance of my time.
Mr. CALVERT. Madam Chair, I rise in support of the amendment.
The CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Madam Chair, I am happy to support the gentlewoman from
Michigan in her quest. The Great Lakes Science Center has bipartisan
support for the role it plays in protecting the economic and
environmental health of the Great Lakes region.
Madam Chair, I support my colleague's amendment, urge an ``aye''
vote, and I yield back the balance of my time.
Mrs. DINGELL. Madam Chair, I thank the chairman and I thank the
ranking member, Representative McCollum, who shares the love of the
Great Lakes with me.
Madam Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from Michigan (Mrs. Dingell).
The amendment was agreed to.

Amendment No. 13 Offered by Mr. Courtney

The CHAIR. It is now in order to consider amendment No. 13 printed in
House Report 115-830.
Mr. COURTNEY. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 19, line 24, after the dollar amount, insert
``(reduced by $100,000) (increased by $100,000)''.

The CHAIR. Pursuant to House Resolution 996, the gentleman from
Connecticut (Mr. Courtney) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Connecticut.
Mr. COURTNEY. Madam Chair, this amendment designates $100,000 in
funding to the United States Geological Survey so that they can create
a searchable map showing occurrences of an iron sulfide material known
as pyrrhotite nationwide.
Pyrrhotite is a material that has, unfortunately, shown up in
concrete quarries in New England and Canada. When it is mixed into the
aggregate poured into the foundations of homes, over a period of time,
because it is an iron material and exposed to moisture, it actually
rusts, expands, and cracks, basically causing a catastrophic collapse
of the foundation.
In Connecticut, there are estimates that as high as 19,000 homes that
have been infected with pyrrhotite material. It spread into western
Massachusetts and three rivers in Quebec. The whole community of
thousands of people have been devastated by the presence of this
material.
The Trump administration and the Treasury Department actually
recognized last November a property casualty loss tax guidance that
allows homeowners who basically have to spend about $200,000 to repair
their homes--because they have to lift the house, pull out the old
foundation, and pour a new foundation--to claim it as a property
casualty loss deduction.
Last month, Dr. Ben Carson from HUD came up and did a tour of these
homes. It is a devastating occurrence, and it has potential nationwide
consequences.
The United States Navy actually has a bidding process out right now
through its SBIR program to come up with a testing mechanism. They
calculate that they basically own about 300,000 structures throughout
the United States. They want to have a system for testing for the
presence of pyrrhotite.
I brought a picture, which shows the effects of the catastrophe. This
is a home where the house was lifted. The material of the foundation is
so badly compromised that the contractor can actually pull it apart by
hand, it is that serious.
This amendment would allow the United States Geological Survey to
create a searchable database nationally that would allow us to identify
this. The Office of Congressional Affairs contacted our office and
indicated that they do have the capacity to develop a national
pyrrhotite map, but it is not in their current plan. This amendment,
which is also supported by Mr. Larson from Connecticut's First
District, would direct that priority.
Madam Chair, I urge passage of the amendment, and I reserve the
balance of my time.
Mr. CALVERT. Madam Chair, I rise in support of the amendment.
The CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Madam Chair, I support this amendment. I will work with
the gentleman to address this issue with the United States Geological
Survey and learn more about where this mineral occurs.
Madam Chair, I yield back the balance of my time.
Mr. COURTNEY. Madam Chair, I thank the chairman for his consideration
of this amendment. It is a very serious problem and much appreciated in
the New England area. I thank the ranking member, Ms. McCollum, for her
support as well.
Madam Chair, I yield back the balance of my time
The CHAIR. The question is on the amendment offered by the gentleman
from Connecticut (Mr. Courtney).
The amendment was agreed to.

Amendment No. 14 Offered by Ms. Gabbard

The CHAIR. It is now in order to consider amendment No. 14 printed in
House Report 115-830.
Ms. GABBARD. Madam Chair, I rise as the designee of the gentlewoman
from Hawaii (Ms. Hanabusa), and I have an amendment at the desk.

[[Page H6442]]

The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 19, line 24, after the dollar amount, insert
``(increased by $4,798,500)''.
Page 38, line 21, after the dollar amount, insert
``(reduced by $4,908,000)''.

The CHAIR. Pursuant to House Resolution 996, the gentlewoman from
Hawaii (Ms. Gabbard) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Hawaii.
Ms. GABBARD. Madam Chair, this amendment would increase the United
States Geological Survey's surveys, investigations, and research
account by $4,798,500 to accommodate for impacts caused by recent
volcanic eruptions. The offset for this modest increase comes from the
Interior Secretary's administrative account.
On May 8, 2018, in my district, the Kilauea Volcano on the Big
Island, Hawaii, began erupting. The volcanic activity and destruction
has yet to stop or wane. It has destroyed over 700 homes, forcing
thousands of people to evacuate, to seek emergency aid and shelter, and
to somehow find a new future for their lives.
There has never been a more critical time where the United States
Geological Survey's Volcano Hazards Program on Hawaii island has been
sorely needed; however, their office was severely damaged by the
seismic activity from the ongoing volcanic eruptions.
Hawaii island itself has seen hundreds of these types of seismic
eruptions over the last month and a half. As a result, the staff
currently occupy empty spaces at University of Hawaii at Hilo, like
classrooms, or they telework, undermining their quality of work, with
the staff potentially putting their lives at risk.
The United States Geological Survey provides essential information
for the health, safety, and well-being of people all across the State
of Hawaii, and in neighboring locations such as the Marshall Islands,
which has been blanketed by volcanic smog following the Kilauea
eruption.
To most effectively do their job, this team needs a workplace where
they can house their equipment, conduct research, and most effectively
uphold their mission, which is to enhance public safety and minimize
social and economic disruption.
This amendment will provide the necessary resources for this team to
at least temporarily relocate to a suitable location and continue to
carry out their lifesaving historic work.
Madam Chair, I urge my colleagues to help us immediately address this
situation and pass our amendment.
Madam Chair, I reserve the balance of my time.
Mr. CALVERT. Madam Chair, I rise in support of the amendment.
The CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Madam Chair, it is my understanding that the United
States Geological Survey is in its early stages of discussing temporary
spaces but that, eventually, the United States Geological Survey may
have to develop a long-term solution for the Hawaiian Volcano
Observatory.
I encourage the Department of the Interior, the United States
Geological Survey, and the National Park Service to work together to
develop a plan for the future observatory because operating the HVO out
of the Hawaii Volcanoes National Park was a cost-effective solution for
many years.
Madam Chair, in the meantime, I certainly support my colleague's
amendment. I urge an ``aye'' vote, and I yield back the balance of my
time.
Ms. GABBARD. Madam Chair, I thank the chairman and the ranking member
for their support for this very timely and important resolution.
I have been on the ground there and have seen how the United States
Geological Survey's HVO is literally monitoring the activity 24 hours a
day, sending out realtime updates to people whose lives and homes and
farms hang in the balance.
Unfortunately, the volcanic activity that we are seeing there right
now is continuing at a very aggressive rate with no end in sight, so
his support for this amendment comes at a critical time, and I really
appreciate it on behalf of my constituents there.
Madam Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from Hawaii (Ms. Gabbard).
The amendment was agreed to.

Amendment No. 15 Offered by Mr. Kildee

The CHAIR. It is now in order to consider amendment No. 15 printed in
House Report 115-830.
Mr. KILDEE. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 19, line 24, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 38, line 21, after the dollar amount, insert
``(decreased by $1,022,728)''.

The CHAIR. Pursuant to House Resolution 996, the gentleman from
Michigan (Mr. Kildee) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. KILDEE. Madam Chair, I rise today in support of my bipartisan
amendment that would provide $1 million for the United States
Geological Survey to eradicate grass carp in the Great Lakes. Grass
carp are an invasive species, one of the four species of Asian carp
that pose an immediate threat to the Great Lakes and its coastal
wetlands.
Since being introduced in Lake Erie, the grass carp population has
been increasing, threatening our coastal wetlands and our region's
economy that relies so heavily on the health of the Great Lakes. Our
coastal wetlands are important to Michigan's environment and the
wildlife they serve as a natural water filter and habitat for fish and
waterfowl.
Since 2010, the Great Lakes Restoration Initiative, which has been
supported by Democrats and Republicans in Congress, has helped to
restore the wetlands the grass carp are now consuming. The immediate
threat of grass carp in Lake Erie jeopardizes the investment and the
goals of the Great Lakes Restoration Initiative.
This amendment is simple. It empowers and funds the United States
Geological Survey to track and monitor grass carp so that we can stop
their spread in the Great Lakes.
By passing this amendment, the United States Geological Survey would
have additional resources to find out where grass carp are breeding so
we can know how to stop their invasion and remove them from the Great
Lakes. Funding from this amendment will double our efforts in Lake Erie
to ensure we protect our coastal wetlands, our wildlife, and the Great
Lakes themselves. With this amendment, we have an opportunity to
address this urgent threat of invasive species such as grass carp.
Madam Chair, I thank my friend from Michigan, Congressman Walberg,
for working with me on this bipartisan amendment. I also thank our
friends on the Appropriations Committee--Congresswoman Kaptur,
Congressman Joyce, and Congressman Moolenaar--who have also been
involved and helped on this. And I, of course, thank Chairman Calvert
and Ranking Member McCollum for their efforts in working with us on
ensuring that this amendment receives fair consideration.
Madam Chair, I urge my colleagues to support this amendment, and I
reserve the balance of my time.
Mr. CALVERT. Madam Chair, I rise in support of the amendment.
The CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Madam Chair, we can accept the gentleman's amendment.
The committee takes invasive species threats seriously. We spent a
lot of time on Asian carp in our committee in prevention efforts
throughout the bill. It is a bipartisan effort. Everyone is very
concerned about this. We are talking about a bounty program, possibly,
to go after these things. Let's go do it.
I accept the gentleman's amendment, but I will be working with him
and the rest of my colleagues to ensure that Asian carp and grass carp
control and prevention efforts are effectively coordinated across the
agencies within our jurisdiction.
Madam Chair, I urge adoption of the amendment, and I yield back the
balance of my time.
Mr. KILDEE. Madam Chair, I thank the gentleman for his support, and I

[[Page H6443]]

thank Chairman Calvert and Ranking Member McCollum for their efforts in
dealing with this really important issue. It is particularly important
to those of us who live in the Great Lakes region, but it is important
to all of us. This is really not only a question of maintaining this
ecosystem, but it is important to our economy.
Madam Chair, I thank all of my colleagues for their support. I urge
the passage of this amendment, and I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Michigan (Mr. Kildee).
The amendment was agreed to.

{time} 2100

Amendment No. 16 Offered by Mr. Johnson of Ohio

The CHAIR. It is now in order to consider amendment No. 16 printed in
House Report 115-830.
For what purpose does the gentleman from Ohio seek recognition?
Mr. JOHNSON of Ohio. Madam Chair, I ask unanimous consent that the
amendment be modified in the form I have placed at the desk.
The CHAIR. Does the gentleman have an amendment at the desk?
Mr. JOHNSON of Ohio. I do have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 27, line 10, after the dollar amount insert
``(increased by $30,000,000)''.
Page 68, line 9, after the dollar amount insert ``(reduced
by $30,000,000)''.

The CHAIR. Does the gentleman have a modification to his amendment?
Mr. JOHNSON of Ohio. Madam Chairman, I ask unanimous consent that the
amendment be modified in the form I have placed at the desk.
The CHAIR. Will the gentleman submit his modification to the desk?
Mr. JOHNSON of Ohio. Amendment No. 17. Sixteen and 17 are being
combined.
The CHAIR. Is the modification at the desk?
Ms. McCOLLUM. Point of parliamentary inquiry. Could our side have an
opportunity to look at the amendment? We haven't had an opportunity to
see it. We do not know whether or not we would object. It might be a
friendly amendment to us.

Permission to Consider Amendment Nos. 16 and 17 Offered by Mr. Johnson
of Ohio En Bloc

Mr. JOHNSON of Ohio. Madam Chair, I ask unanimous consent that
amendment Nos. 16 and 17 be considered en bloc.
The CHAIR. Is there objection to the request of the gentleman from
Ohio?
There was no objection.

Amendments En Bloc Offered by Mr. Johnson of Ohio

Mr. JOHNSON of Ohio. Madam Chair, I offer amendments en bloc.
The CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc consisting of amendment Nos. 16 and 17 printed in
House Report 115-830, offered by Mr. Johnson of Ohio:

amendment no. 16 offered by mr. johnson of ohio

Page 27, line 10, after the dollar amount insert
``(increased by $30,000,000)''.
Page 68, line 9, after the dollar amount insert ``(reduced
by $30,000,000)''.

amendment no. 17 offered by mr. johnson of ohio

Page 27, line 19, strike ``3'' and insert ``6''.

The CHAIR. Pursuant to House Resolution 996, the gentleman from Ohio
(Mr. Johnson) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Ohio.
Mr. JOHNSON of Ohio. Madam Chairman, I thank the Chair for
consideration of combining these two amendments.
The amendments before us today help restore and continue important
grant funding that will provide level funding for the same number of
States currently funded by the Abandoned Mine Land Reclamation Economic
Development Pilot Program, which is used for the reclamation of
abandoned mine lands in conjunction with economic and community
development and reuse goals.
These amendments are about ensuring the AML Economic Development
Program continues to be appropriately funded and continues to afford
the same grant opportunities to all currently eligible States. Similar
amendments offered by Representative Griffith have passed the House in
the last 2 years, and the Senate FY19 Interior & Environment
Appropriations bill contains similar language and funding amounts.
Funding for these economic reclamation grants was established in
fiscal year 2016 by Chairman Rogers, and it provided opportunities for
some of the hard-hit areas of Appalachia to not only restore the land,
but also allow additional appropriated funds to be used for economic
purposes, and they helped provide a way to prepare the land for
community development.
These amendments carry on that goal; they maintain the status quo.
And let me stress the point: these amendments are not designed to take
money away from the top three States receiving funding in the
underlying bill.
Our intent is that the first three States will continue to receive
the amount currently appropriated in the underlying bill. The
additional money provided with these amendments are meant for the next
three States and is to be divided equally, so that the next three
States receive $10 million each, the same amount they have received
over the last 2 years.
I have worked with the Appropriations Committee to ensure these
amendments will do just that and that this additional support for one
Appalachian community does not come at the expense of another.
I urge my colleagues to support these important amendments. They are
important to not only Ohio, but to the many States and coal communities
throughout Appalachia.
I reserve the balance of my time.
Ms. McCOLLUM. Mr. Chair, I claim time in opposition to the amendment.
The Acting CHAIR (Mr. Budd). The gentlewoman from Minnesota is
recognized for 5 minutes.
Ms. McCOLLUM. Mr. Chair, I strongly oppose this amendment that takes
more money from an already starved EPA account. This bill already
severely cuts the Environmental Protection Agency's operating account
by more than $100 million. The air we breathe and the water we drink
are endangered by the funding and policy decisions that are made in
this bill, and the consequences will be negatively felt in communities
across this Nation.
It is unfortunate that our 302(b) allocation was level funded, and I
am sorry to hear that the gentleman's account in which he is trying to
restore funding also received a cut. I often know that cutting the EPA
is an easy target for many of my colleagues across the aisle, Mr.
Chair, but I want my colleagues to understand what this amendment would
cut, if adopted.
This account funds programs that are important to both sides of the
aisle: permitting construction projects across the country, toxic risk
prevention, and a successful brownfields program, and even pesticide
licensing.
I understand that the amendment would direct more funds to States in
Appalachia who have suffered ravaging environmental costs caused by
coal mining, and, once again, I want to stress that it is unfortunate
that you are trying to restore funding that had been cut, but our
allocation was very short.
Unfortunately, I cannot support any deeper cuts to the EPA because
they will have consequences that will be felt by people all across the
country, so I must oppose this amendment.
Mr. Chair, I reserve the balance of my time.
Mr. JOHNSON of Ohio. Mr. Chairman, I yield 1 minute to the gentleman
from California (Mr. Calvert), chairman of the Appropriations
Subcommittee on Interior, Environment, and Related Agencies.
Mr. CALVERT. Mr. Chair, I thank the gentleman, and certainly we are
prepared to accept the amendment.
I understand the gentleman's overall goals to continue funding for
the AML pilot consistent with the fiscal year 2018 enacted bill that
provided the funding for the six Appalachian States, and I know the
economic devastation that has happened throughout that region.
This increase to the AML program by $30 million, so that Ohio,
Alabama, and Virginia would receive $10 million each, equal to the
fiscal 2010 enacted levels, could certainly help in those regions.

[[Page H6444]]

So we can accept this package of amendments at this time. I look
forward to maintaining funding for the six States, with distribution
similar to fiscal year 2018 and the final 2019 enacted bill. As such, I
encourage my colleagues to adopt the amendment.
Ms. McCOLLUM. Mr. Chairman, I reserve the balance of my time to
close.
Mr. JOHNSON of Ohio. Mr. Chairman, I yield 1 minute to the gentleman
from Virginia (Mr. Griffith).
Mr. GRIFFITH. Mr. Chairman, I rise in support of this amendment. I
appreciate Chairman Calvert's support as well, and the appropriators'
hard work on this.
This was created by Hal Rogers. It is fascinating because what
happens is that people say they want us to transition the economy in
central Appalachia. This is one of the ways to do that, and it actually
saves money.
We have a project in my district that we are close to getting
finalized on this, where it would cost $6.7 million to clean up a site,
if we did it the normal way. With this program, which we wish to
continue, it will only cost the government about 2.5, $2.6 million, and
we end up with a site that can be used again for economic development
and jobs in Appalachia.

Ms. McCOLLUM. Mr. Chairman, I reserve the balance of my time to
close.
Mr. JOHNSON of Ohio. Mr. Chairman, I will close. I want to reaffirm
what my colleague from West Virginia said. This is important for
economic development in communities in Appalachia. It will have a
significant impact on economic development work throughout the region,
while being offset by only a slight reduction in EPA's environmental
programs and management account, totaling only 1.21 percent of that
account.
So this is good legislation. It is a good bill for Appalachia, a good
set of amendments for Appalachia. I urge my colleagues to support it.
Mr. Chair, I yield back the balance of my time.
Ms. McCOLLUM. Mr. Chairman, I want to be clear. I understand that
this amendment would direct more funding to States in Appalachia who
have suffered from the ravaging environment caused by coal mining, and
that is a very noble goal, as I said before.
But at this time I have to oppose this amendment. Once again, I want
to point out, we were level funded in our allocation in the Interior
bill that we are debating today with amendments, and I cannot support
any further deeper cuts to the EPA.
But as the chairman moves forward and as we go to conference, if we
can start restoring some of the funds to the EPA, I would like to work
with the gentleman to restore some of the funds to this also important
program; but at this time I have to oppose.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Ohio (Mr. Johnson).
The en bloc amendments were agreed to.

Amendment No. 18 Offered by Mr. O'Halleran

The Acting CHAIR. It is now in order to consider amendment No. 18
printed in House Report 115-830.
Mr. O'HALLERAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 31, line 9, after the dollar amount, insert ``(reduced
by $36,000,000)(increased by $36,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from Arizona (Mr. O'Halleran) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. O'HALLERAN. Mr. Chair, Arizona's First Congressional District is
home to the largest population of Native Americans and Indian lands in
the Nation.
Many of the Tribal governments that I represent face a public safety
crisis. Nearly every Tribal community I visit is caught in the justice
facility backlog, and it is having a serious impact on their ability to
protect and serve their communities.
The backlog in unmet need for Tribal justice facilities has grown
significantly since fiscal year 2014, when the Department of Justice
unilaterally stopped new and replacement construction of Tribal justice
buildings. All the while, the Bureau of Indian Affairs has kept
condemning these types of buildings. This negligent lack of Federal
coordination between agencies has resulted in communities being forced
to go without essential infrastructure.
Tribal justice officials dedicate and risk their lives to provide
basic law and order in Native American communities. However, as a
former police officer, I can tell you, no justice system can function
without a safe and secure facility to house these officers.
The San Carlos Apache Tribe's justice system is a devastating example
of the backlog for justice facilities in Indian Country.
The BIA condemned the San Carlos Police and Courts Building known as
BIA Building 86 in 2009. The Tribal police officers and courts worked
for 6 additional years in a condemned building, until the Bureau of
Indian Affairs provided them with temporary trailers, which had been
intended to be used as classrooms and temporary housing in 2015.
Here we are, 3 years later, and this temporary fix is failing the San
Carlos police and courts, as well as the entire community. The San
Carlos Police Chief works in an office with cracks in the wall where he
can see outside. The generator doesn't provide air conditioning to the
police patrol or court sessions of trailers, and that is in Arizona.
Water service is intermittent. There is not enough space for evidence
storage. The floors can't securely support storage safes that include
cash, drugs, and other evidence. I can go on and on.
It is clear that it is past time to provide the San Carlos Apache
Tribe, and Tribes across the country, a permanent facility to safely
house their police and courts.

{time} 2115

I commend Appropriations for providing $18 million for replacement of
new public safety and justice construction.
My amendment demonstrates the reality that the need is greater. It
suggests a funding level of $36 million divided between replacement and
new construction. This would help provide for the needs of communities
like San Carlos, who have had their police and court facilities
condemned by the Bureau of Indian Affairs.
Every law enforcement officer at the local, State, Tribal, and
Federal levels risk their lives to protect and serve their community.
If we can't give them the basic tools to do their jobs, our communities
risk safety and justice for victims. We must do better.
Mr. Chair, I urge my colleagues to support my amendment on behalf of
these brave law enforcement officials, and I reserve the balance of my
time.
Mr. CALVERT. Mr. Chairman, I rise in support of the amendment.
The Acting CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Mr. Chair, I am happy to accept the gentleman's
amendment and work with him and the rest of my colleagues to address
the public safety and justice construction needs in Indian Country.
The ranking member and I have worked very closely together in Indian
Country to recognize the shortcomings throughout Indian Country in
Indian education, Indian healthcare, and certainly within the Indian
public safety and justice problems that we are having throughout the
United States.
Mr. Chair, I certainly support an ``aye'' vote, and I yield back the
balance of my time.
Mr. O'HALLERAN. Mr. Chair, I just want to thank the chair and the
ranking member for all their commitment to Indian Country and for their
support of this amendment.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. O'Halleran).
The amendment was agreed to.

Amendment No. 19 Offered by Mr. O'Halleran

The Acting CHAIR. It is now in order to consider amendment No. 19
printed in House Report 115-830.

[[Page H6445]]

Mr. O'HALLERAN. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 31, line 9, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 38, line 21, after the dollar amount, insert
``(reduced by $10,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from Arizona (Mr. O'Halleran) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. O'HALLERAN. Mr. Chair, across Indian Country, access to safe and
clean drinking water is a major issue that we are obligated to address.
In the northwest corner of my district, the Hopi Tribe has a water
system with over three times the Federal maximum standard for safe
drinking water for arsenic. Let me repeat that: three times the amount
of arsenic than the maximum standard considered safe.
Members of the Tribe have no choice but to use this unsafe water.
This is beyond unacceptable in any community in America, but it is a
fact of life for Tribes across the Nation.
No matter where you are born, no child or family in America should
have to risk their health because they can't access clean water.
This basic lack of water infrastructure has limited many Tribes'
ability to unleash their economic potential in rural communities across
the country.
The Hopi Tribe has limited financial resources. In fact, it has an 80
percent unemployment rate. Our country's unemployment rate is 4
percent. It also has a mine that is potentially going to close that
supplies 80 percent of its general funds.
They have not sat idly waiting for the Federal Government to fix the
problem it created. The Tribe has launched the Hopi Arsenic Mitigation
Project to directly address this challenge.
Through the project, the Tribe has identified arsenic-free wells and
mapped the pipeline route that will deliver arsenic-free water to
villages and towns across the reservation. All the Tribe needs to
complete the project is construction funding.
Unfortunately, funding for the Bureau of Indian Affairs Construction
account has not been adequate enough to fund projects across country
like Hopi's. That is why I am offering a commonsense amendment to
increase BIA's construction funding by $10 million.
Increasing this funding for construction of water infrastructure will
enable the BIA to assist communities in building water systems that
will deliver clean drinking water to schools and homes, some for the
first time.
This amendment is not only a wise investment for Tribal communities
as they seek to develop their economies and attract investment, but it
is also a moral imperative.
Mr. Chair, I urge my colleagues to support my amendment to increase
access to clean water for tribal communities across the country.
Mr. Chair, I reserve the balance of my time.
Mr. CALVERT. Mr. Chair, I rise in reluctant opposition to this
amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. CALVERT. Mr. Chair, I was happy to support the gentleman and
accept the prior amendment, but this just goes too far.
I couldn't agree with the gentleman more that the Federal obligations
for construction in Indian Country far outweigh the amount of money we
have in the budget. That is why the Bureau of Indian Affairs
Construction account has been and will continue to be a nonpartisan
priority for the subcommittee, and we are certainly proud of the
progress we have made so far, but I cannot support an offset on an
account that also serves Indian Country and other underserved
populations.
In addition to cutting the Office of the Assistant Secretary of
Indian Affairs, this amendment is likely to cut the Office of Native
American Relations, the Office of Small Disadvantaged Business
Utilization, the Office of Civil Rights, and the Office of Hearings and
Appeals.
Again, while I agree with the increase, and I certainly don't
disagree with the gentleman's intentions, I cannot in good conscience
agree to this offset.
If we find money down the road in this process as the gentlewoman and
I are going through the conference, this is something I would be very
interested in looking at, but right now I must encourage a ``no'' vote.
Mr. Chair, I yield back the balance of my time.
Mr. O'HALLERAN. Mr. Chair, I understand that this bill increases the
BIA Construction funding levels from last year, but I must remind the
gentleman that this program is still woefully underfunded considering
the tremendous needs across the West and in rural communities.
Although I believe this amendment's offset is reasonable considering
the basic immediate and dire needs of tribes across the country, I
appreciate the gentleman's comments and I hope he will commit to
working with me on a bipartisan basis going forward on this amendment
to ensure our communities have meaningful access funding for clean
water.
I clearly understand the impacts potentially to the Bureau, but I
also understand that when you have 80 percent unemployment and the risk
of losing 80 percent of your general fund, that there is no other
alternative than to look for money here, and I would appreciate
consideration in the future.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. O'Halleran).
The amendment was rejected.

Amendment No. 20 Offered by Ms. Plaskett

The Acting CHAIR. It is now in order to consider amendment No. 20
printed in House Report 115-830.
Ms. PLASKETT. Mr. Chair, I rise in support of my amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 38, line 21, insert after the dollar amount
``(decreased by $3,818,000)''.
Page 40, line 19, insert after the first dollar amount
``(increased by $3,818,000)''.
Page 40, line 19, insert after the second dollar amount
``(increased by $3,800,000)''.
Page 41, line 8, insert after the dollar amount
``(increased by $18,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentlewoman
from the Virgin Islands (Ms. Plaskett) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from the Virgin Islands.
Ms. PLASKETT. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I thank the committee for the opportunity to express my
strong support for this amendment to the Department of Interior
division of this bill.
This amendment amounts to a small uptick in critical funding for
assistance to territories at the Department of Interior's Office of
Insular Affairs, to the amount that has already been recommended by the
majority in the Senate.
This is a modest uptick of just under $4 million in Federal support
for Americans in insular territories of the United States, namely, the
Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.
Nearly a half million Americans reside in these islands, which have
been part of this great country for over a century.
Since then, the Federal Government has supported the territories
largely through Department of Interior assistance activity, with
funding channeled towards technical assistance to local governments and
to assist in upgrading essential community facilities like schools and
hospitals and critical infrastructure, including waste disposal and
wastewater systems.
Even before two Category 5 hurricanes struck the Virgin Islands, our
schools faced structural deficiencies not conducive to a healthy
learning environment. Our hospitals face serious deferred maintenance
issues due, in part, to their extremely high proportion of
uncompensated care, because we face inequitable treatment in the
Federal health programs like Medicaid and Medicare. There are few
facilities for assisted living among a growing population of aging
citizens.

[[Page H6446]]

Construction or repair to schools and hospitals account for much of
the Capital Improvement Project expenditures that come directly out of
this Assistance to Territories account.
I believe it is imperative that the Federal Government enhance its
commitment to address the pressing needs of Americans living in the
territories as we face grave natural disasters and security threats.
I continue to be concerned about the catastrophic impact of
Hurricanes Irma and Maria to the Virgin Islands, especially in light of
financial solvency issues, coupled with the anticipated amount of time
before government industry and utilities are able to fully function and
generate revenues.
There are also additional revenue losses and other operational needs
stemming from passage of significant tax reforms last year. The Virgin
Islands and most of the insular territories have mirror tax codes of
the United States, meaning that when we make changes to the Federal Tax
Code, they automatically apply as a tax code of the territories, with
few exceptions.
The Tax Cuts and Jobs Act changes bring in a host of unintended new
revenue and economic loss issues that the local governments of the
territories will need significant technical assistance to mitigate. The
U.S. territories are part of the United States, and jobs in these
territories are American jobs. According to the Department of Labor,
the unemployment rate in the Virgin Islands is currently at least 12
percent, three times the national rate.
The people living in American island territories are citizens of this
great Nation and entitled to equality to the people living in the 48
contiguous States, Hawaii, and Alaska, but the Virgin Islands and other
territories are not included in the same formula grants as other
locations. We do not receive the same funding for grants, technical
assistance, programs that provide jobs, or infrastructure.
A continuation of level funding to the small assistance account is
highly inadvisable at this time, for the reasons I have outlined
previously.
Americans residing in the U.S. territories may be the first to be hit
by a major hurricane, but have no vote on the budget for FEMA or
anything else. They continue to be severely tried, and in circumstances
beyond their control. Please approve my amendment as a simple matter of
fairness to them and equitable to the majority of the Senate's requests
at this time.
Mr. Chair, I reserve the balance of my time.
Mr. CALVERT. Mr. Chair, I rise in support of the amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. CALVERT. Mr. Chair, in light of the catastrophic hurricane season
last year and the fact that we are already in the midst of another
hurricane season right now, I suspect there is additional relief needed
for the territories in the weeks and months ahead. So with this reality
upon us, I am happy to accept the amendment.
Mr. Chair, I yield back the balance of my time.
Ms. PLASKETT. Mr. Chair, I thank the chairman, the ranking member,
and the members of this committee for supporting this amendment.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from the Virgin Islands (Ms. Plaskett).
The amendment was agreed to.

Amendment No. 21 Offered by Ms. Moore

The Acting CHAIR. It is now in order to consider amendment No. 21
printed in House Report 115-830.
Ms. MOORE. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 38, line 21, after the dollar amount, insert
``(reduced by $500,000)''.
Page 112, line 5, after the dollar amount, insert
``(increased by $500,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentlewoman
from Wisconsin (Ms. Moore) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Wisconsin.
Ms. MOORE. Mr. Chair, the intent of the amendment is to reserve funds
for the Smithsonian to do an exhibit in conjunction with local groups
and organizations focused on celebrating the United Nations
International Decade for People of African Descent. I am so proud to
offer this amendment.
Mr. Chair, January 1, 2015, through December 21, 2024, has been
designated as the United Nations International Decade for People of
African Descent, with the theme, ``People of African Descent:
recognition, justice, and development'' by the United Nations General
Assembly.
The population comprising the African diaspora is expansive, spanning
across the globe from the Americas and the Caribbean, to Asia and
Europe, with persons of African descent having a historic presence on
every continent.

{time} 2130

Around 200 million people identifying themselves as being of African
descent live in the Americas. The goal of this initiative is for the
United Nations and its member states, among others, to take advantage
of the auspicious period of history by undertaking activities in the
spirit of recognition, justice, and development for people of African
descent around the globe.
Among the goals of this international initiative is to underscore the
important endowments made by people of African descent to our world
societies and to promote a greater knowledge of and respect for the
diverse heritage, culture, and contributions of people of African
descent to the development of societies.
Now, in this country, Mr. Chairman, the Smithsonian is uniquely
positioned to celebrate the launch of this International Decade at the
national level here in this country by creating temporary and maybe
permanent exhibits that can help promote the cultural and artistic
goals of the International Decade and to create an effective exhibit or
series of exhibits across its museums on the contributions of African
descendants in the United States, where Black history is inextricably
and integrally woven since this country's founding and even before.
Yes, Mr. Chairman, Africans explored these shores long before Columbus
and archeological findings here do prove.
The Smithsonian has a history of undertaking efforts to commemorate
and tell the story of the impact of African descendants on African
American history, politics, culture, and society, including the opening
of the Smithsonian National Museum of African American History and
Culture.
The Smithsonian has a wealth of artifacts and holds the resources to
put together a well-regarded national showcase to weave together a
compelling and concise study and story of some of the most notable
contributions across sectors of African descendants. Likewise, it can
work with local organizations to borrow or make available artifacts,
documents, and relics related to telling the story in a way that no
other institution in our country can.
Simply put, the Smithsonian has the right mix of expertise, archives,
and artifacts to help tell the story as well as the ability to work
with local groups throughout our Nation that are guardians of some of
these narratives but may not have the resources.
With these additional resources, it is hoped that the Smithsonian
will partner with other State and local institutions to help create a
story reflective of the U.N. International Decade for People of African
Descent and promoting the history and heritage of people of African
descent and their impact on our country here.
In an era of xenophobia and rising intolerance, now, more than ever,
we need to join in helping to publicly recognize the culture, history,
and heritage of people of African descent and their impact on the
Nation and the world and have the International Decade for People of
African Descent be more than an empty rhetorical platitude to African
Americans on this shore.
Mr. Chair, I reserve the balance of my time.
Mr. CALVERT. Mr. Chair, I rise in support of the amendment.
The Acting CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Mr. Chair, while I certainly have some concerns about

[[Page H6447]]

the offset, I am able to support my recent classmate's and colleague's
amendment. As the gentlewoman knows, this bill has a strong history of
supporting underrepresented communities, including African American and
Tribal communities.
This bill funded the construction of the Smithsonian's National
Museum of African American History and Culture and continues to
strongly support the operations of this very popular museum.
This bill maintains a strong bipartisan support for Tribal health,
Tribal education, Tribal law enforcement, and numerous other priorities
critical to Native Americans and Alaska Natives, and this bill supports
underrepresented communities throughout the Historic Preservation Fund
grants under the National Park Service.
Though we may have to turn the lights off at the Department of the
Interior if we keep going on--he is a Navy SEAL; he will get by--I
certainly urge the adoption of this amendment, and I yield back the
balance of my time.
Ms. MOORE. Mr. Chair, I thank my colleague, because we will turn the
light on the contributions of Africans on this continent during this
decade.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Wisconsin (Ms. Moore).
The amendment was agreed to.

Amendment No. 22 Offered by Mr. Welch

The Acting CHAIR. It is now in order to consider amendment No. 22
printed in House Report 115-830.
Mr. WELCH. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 38, line 21, after the dollar amount, insert
``(reduced by $4,000,000)''.
Page 68, line 9, after the dollar amount, insert
``(increased by $4,000,000)''.
Page 68, line 20, after the dollar amount, insert
``(increased by $4,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from Vermont (Mr. Welch) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Vermont.
Mr. WELCH. Mr. Chairman, Lake Champlain is one of the natural wonders
of New England and, indeed, an international treasure. It is a
watershed that includes New York, Vermont, and the Province of Quebec.
To protect this unique natural and economic resource, Congress
enacted legislation in 1990 under the bipartisan leadership of Democrat
Patrick Leahy and Republican Jim Jeffords that led to the creation of
the Lake Champlain Basin Program.
Over the years, the basin program has worked with private
organizations, local communities, and individuals on both sides of the
border to coordinate and fund efforts that benefit the Lake Champlain
Basin's water quality, fisheries, wetlands, and wildlife recreation. It
has been a great example of a locally driven program working from the
ground up with the help of a Federal partner.
It has been a tremendous success, and the purpose of this amendment
is to maintain the funding at the level that it was at before. I have
joined 28 years later after Democratic Senator Patrick Leahy and
Republican Jim Jeffords with my Republican colleague from across the
lake, Representative Stefanik, in this amendment. It is important to
both sides of the lake and the Province of Quebec, who is not here
represented, but here in heart.
So I ask for the support of this amendment, and I want to say to my
colleague, Elise Stefanik, from across Lake Champlain, that we think
the view of New York is beautiful, and we share a commitment to
maintaining the beauty of that lake.
Mr. Chair, I yield such time as she may consume to the gentlewoman
from New York (Ms. Stefanik).
Ms. STEFANIK. Mr. Chairman, I thank my friend from across the lake,
Peter Welch.
This is truly a bipartisan issue, as Mr. Welch identified. This is
important to our local ecosystem. It is important to our recreation. It
is important to our tourism. But it is also a job creator, bringing in
new people to our region.
I love the views as I look across the lake to Vermont, and I know
that we are really a joint economy around Lake Champlain.
I also want to thank Chairman Calvert and the Appropriations
Committee for their support of this important initiative in the
Northeast. As I said, this is truly bipartisan, and it fully funds this
important program.
So I thank Mr. Calvert again and his staff, and I thank Mr. Welch for
being a true partner on this issue, which is locally driven and such a
success story for our districts.
Mr. WELCH. Mr. Chair, I thank the gentlewoman as a good partner, as
well, and I thank Mr. Calvert for his consideration.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Vermont (Mr. Welch).
The amendment was agreed to.

Amendment No. 23 Offered by Mr. Vargas

The Acting CHAIR. It is now in order to consider amendment No. 23
printed in House Report 115-830.
Mr. VARGAS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 38, line 21, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 71, line 11, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 76, line 3, after the dollar amount, insert
``(increased by $5,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from California (Mr. Vargas) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. VARGAS. Mr. Chairman, I rise today to urge my colleagues to
support my amendment to H.R. 6147, the Department of the Interior,
Environment, and Related Agencies Appropriations Act of 2019. This
amendment would increase funding for the U.S.-Mexico Border Water
Infrastructure Program by $5 million.
As a Representative of California's entire U.S.-Mexico border, I have
seen firsthand the positive impact these programs have on communities
in my State and across all of the communities along the U.S. border.
The Tijuana River Valley is a beautiful transboundary watershed on
both sides of the border with a mixture of agriculture, preserved
habitats, and rural housing developments. Periodic rain in the region
produces a steady stream of cross-border flows of wastewater, trash,
and sediment from Tijuana into San Diego County. This has a devastating
effect on border communities, including Imperial Beach, San Diego, and
other residents in the Tijuana River Valley.
Last year, millions of gallons of sewage was discharged in the
Tijuana River Valley after a heavy rain. This resulted in prolonged
beach closures, which affected the quality of life and the public
health of the people in these communities.
Border Patrol agents also experienced very severe health
complications from exposure to sewage and to chemicals and toxic waste
along the border. San Diego County-based military installations are
also at risk of continued disruptions, which would affect their
readiness to combat threats.
Residents across San Diego County have grown increasingly frustrated
with the lack of progress on viable solutions. All too often, Tijuana's
wastewater infrastructure is unable to handle the heavy rains, which
result in sewage ending up on the U.S. side of the border.
The EPA's Border Water Infrastructure Program provides resources for
communities to build and enhance current long-term protections and
rehabilitation projects all along the entire U.S.-Mexico border.
The EPA investments in these wastewater projects are a key factor in
significant water quality improvements in U.S. waterbodies, such as the
Rio Grande, Santa Cruz River, the New River, and the Tijuana River. The
program's funding has made significant progress addressing public beach
health and the environmental impact of inadequate drinking water and
wastewater infrastructure along the U.S.-Mexico border.

[[Page H6448]]

The 2,000-mile border between the United States and Mexico is one of
the most complex and dynamic regions in the world, with a growing need
to address the transborder environmental issues; so I would urge my
colleagues to support this amendment, and I reserve the balance of my
time.
Mr. CALVERT. Mr. Chairman, I rise in reluctant opposition to this
amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. CALVERT. Mr. Chair, don't get me wrong. I am not opposed to what
the EPA is doing at the border to improve water quality, but I think it
is important to note that the bill already provides $10 million for the
program, equal to the fiscal year 2018 level, and did not support the
elimination of the program as proposed in the President's budget.
As the gentleman knows, we are level-funded in this year's
appropriation bill, so I wasn't able to get additional funds for some
of these programs that I like. Because a $5 million reduction could
significantly impact the work of the Secretary of the Interior--we have
been chewing away at that all night--the programs under this
jurisdiction, and other important offices funded by the account, I
can't support the amendment.
I will continue to work with the ranking member as we move this
through this process because I know the important work we have done in
California and along the entire border. It is a good program, and I
certainly support it, but I can't support this amendment at this time.
Mr. Chair, I must oppose the amendment and urge my colleagues to vote
``no.''
I yield back the balance of my time.
Mr. VARGAS. Mr. Chair, I thank the chairman for those words, and I
know that he wants to continue to work with us, and I look forward to
that. I would just add that the situation is getting much worse, and I
would also add that a number of these military installations that we
are placing right along the border, especially the Special Forces that
we have, the SEALS, I think are going to become more and more affected
by this sewage that crosses the border.
Mr. Chair, I look forward to working with the chairman and the
ranking member to see if we can find more money because this is a real
problem in San Diego, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Vargas).
The amendment was rejected.

Amendment No. 24 Offered by Ms. Esty of Connecticut

The Acting CHAIR. It is now in order to consider amendment No. 24
printed in House Report 115-830.
Ms. ESTY of Connecticut. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 38, line 21, after the dollar amount, insert
``(reduced by $7,000,000)''.
Page 71, line 11, after the dollar amount, insert
``(increased by $7,000,000)''.
Page 77, line 15, after the dollar amount, insert
``(increased by $7,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentlewoman
from Connecticut (Ms. Esty) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Connecticut.

{time} 2145

Ms. ESTY of Connecticut. Mr. Chairman, I want to thank my colleague,
Congressman McKinley, for working with me on this amendment. Our
amendment increases funding for State grants to assess or clean up
brownfield sites by $7 million in fiscal year 2019.
Too many cities and towns across America with proud manufacturing
legacies are now struggling with vacant brownfield properties. In my
home State of Connecticut, the city of Meriden alone has at least $10
million worth of brownfield projects for which they have been unable to
secure funding--and that is just one city in one State. Every single
congressional district across this country is home to at least one
brownfield site. In fact, some have hundreds.
The benefits of funding brownfield cleanups are enormous. For every
$1 invested in brownfield redevelopment, 18 additional dollars are
leveraged in outside investment. That is one of the highest leveraging
of outside money of any Federal program.
Despite the clear, demonstrated value of Federal brownfield
investments, the EPA has been forced to turn down very worthy projects
due to lack of funding. In fact, the EPA has only been able to fund
about one-quarter to one-third of the applications it receives. Between
2012 and 2017, over 1,600 applications for viable projects were turned
down because of inadequate Federal funding.
The base bill before us today provides just $153 million for
brownfields in fiscal year 2019--the very same amount that was enacted
for 2018. For such an effective program that is in high demand all
across the country, maintaining status quo funding for brownfield
redevelopment is unwise and, frankly, unacceptable.
If the EPA had been able to fully fund the qualified brownfield
projects from 2012 to 2017, an additional 54,000 jobs would have been
created along with $10.3 billion in leveraged outside money.
Mr. Chairman, last November, 409 Members of this House voted to
increase funding levels for the EPA's brownfields programs to $200
million plus an additional $50 million for the State response program.
That is a total of $250 million authorized by this House as compared
with $153 million we have before us tonight.
Mr. Chairman, 409 Members heeded calls from their cities and towns,
mayors, county and regional officials and constituents who urgently
want to restore their downtowns and communities putting former
industrial sites back on to the tax rolls and creating jobs.
Dilapidated warehouses, abandoned factories, and former gas stations
littered across our cities and towns are untapped economic
opportunities just waiting to be redeveloped into productive uses like
startup incubators, affordable housing, tech centers, and public green
space.
Increased funding will return brownfields to productive uses,
generate additional tax revenue, clean up the environment, grow jobs,
and revitalize communities all across our country. Investing in our
civic infrastructure is essential to moving this country forward.
Mr. Chairman, I urge all of my colleagues to support this amendment.
Mr. Chairman, I yield the balance of my time to the gentleman from
West Virginia (Mr. McKinley).
Mr. McKINLEY. Mr. Chairman, how much time is remaining?
The Acting CHAIR. The gentlewoman has 1\1/2\ minutes remaining.
Mr. McKINLEY. Mr. Chairman, I thank the gentlewoman for taking this
amendment on.
When you think about it, we are only funding about 300 to 400
projects a year. But in testimony before our committee, there are
450,000 contaminated sites across America; and if we are only
renovating 400 sites, you can imagine how many thousands of years it
will take assuming no additional brownfield sites are developed as a
result of this.
So this idea of grasping just $7 million I think is a fundamental way
of trying to say: We need to do more in this effort; we need to put
more funds in it.
I agree with the gentlewoman's remark. If $250 million was
authorized, then we need to put more money in this if we are serious
about brownfields and removing the stigma across our community.
Mr. Chairman, I support this amendment.
Ms. ESTY of Connecticut. Mr. Chairman, I urge my colleagues to
support this amendment. I thank my colleague, the gentleman from West
Virginia; and I want to thank the 409 Members who joined in urging
support for this program which has proven to be one of the most
effective in the Federal Government.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Connecticut (Ms. Esty).
The amendment was agreed to.

[[Page H6449]]

Amendment No. 25 Offered by Mr. Grijalva

The Acting CHAIR. It is now in order to consider amendment No. 25
printed in House Report 115-830.
Mr. GRIJALVA. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 38, line 21, after the dollar amount, insert
``(decreased by $2,500,000)''.
Page 43, line 25, after the dollar amount, insert
``(increased by $2,500,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from Arizona (Mr. Grijalva) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. GRIJALVA. Mr. Chairman, my amendment would fully fund the
Department of the Interior's Office of the Inspector General.
By my count, there are at least 14 Federal investigations that are
either underway or completed into the current Secretary alone. That is
more investigations than the last four Interior secretaries combined.
Still more issues with the Secretary are under preliminary
investigation. Even more have not been announced to this date.
Interior's Office of the Inspector General is doing most, if not all,
of that work.
Funding and staffing shortfalls resulting from flat funding or small
cuts have caused the Office of Inspector General in recent months to
forgo investigations altogether. Investigation requests from Congress
and from tips originating within the Department of the Interior have
either been rejected or are awaiting resources to be freed up in order
to address them.
The Office of Inspector General is also referring a growing number of
hotline complaints to the Interior Department for investigation,
creating a situation in which the department is investigating itself.
Half of those referred complaints involve allegations of ethics
violations, sexual harassment, prohibited personnel practices, law
enforcement misconduct, and reprisal. Untrained supervisors conduct
many of these investigations without following standard protocols and
without collecting sufficient evidence. Specially trained, experienced
noncriminal investigators are needed to keep these investigations
within the Office of Inspector General.
The Office of Inspector General's independence from the office they
are examining is essential to their ability to conduct thorough,
unadulterated investigations, inspections, or audits. Now is not the
time to revert to the pre-Watergate days when an agency was in charge
of investigating itself.
This amendment would provide five additional investigators to focus
on administrative issues and up to six investigators in field offices
which also lets the Office of Inspector General's criminal
investigators focus on criminal misconduct instead of being pulled away
to help in other areas.
There are particular risks that are being unaddressed because of
current funding levels. The Department of the Interior paid out $10
billion in financial assistance and contracts in fiscal year '16 and
'17. During that time, there was about a 16 percent drop in audits.
Contracts and financial assistance are some of the highest risk areas
in terms of the potential for waste, fraud, and abuse.
My amendment would also provide five new auditors for the Office of
Inspector General which are needed to address contracts and financial
assistance which is responsible for a disproportionate share of the
Office of Inspector General's 20-1 return on investment.
I want to emphasize that. For every dollar we spend on the Interior's
Office of Inspector General, according to the Partnership for Public
Service, the taxpayer gets $20 back.
This amendment will help ensure that this scandal-ridden
administration doesn't monopolize the Office of Inspector General's
best people who are supposed to be rooting out waste, fraud, and abuse
in the agency. If there was ever a time to fully fund the Office of
Inspector General, it is now.
Mr. Chairman, I reserve the balance of my time.
Mr. GOSAR. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Arizona is recognized for 5
minutes.
Mr. GOSAR. Mr. Chairman, although I am a big fan of the Inspector
General's Office, the current budget is funded at the budget request,
and therefore I do not see us raising $2.5 million by raiding the
Secretary of the Interior's operating account. I think it goes way too
far.
I am glad to know that the gentleman from Arizona actually listened
to our talking points on that. But I think at this point in time I
would like to keep it exactly where it is.
Mr. Chairman, I yield to the gentleman from California (Mr. Calvert).
Mr. CALVERT. Mr. Chairman, I thank the gentleman for the time.
Mr. Chairman, I also rise in opposition to the amendment. As the
gentleman mentioned, the bill already includes a $1.5 million increase
for the Inspector General which is the amount that was requested. This
transfer is not needed, and if enacted, it could affect the operations
of the Department of the Interior.
For those reasons and others, I oppose this amendment.
Mr. GOSAR. Mr. Chairman, I oppose the amendment, and I yield back the
balance of my time.
Mr. GRIJALVA. Mr. Chairman, the figures in the delayed
investigations, the deferred investigations and the need for additional
auditors were all in the $5 million indication by the Office of
Inspector General that that was what was needed in order to be able to
comply with the demands of their office and the demands that the public
and Congress have for assuring that all the agencies are running under
the protocols, the procedures, and the laws that we insist they do so
on.
Mr. Chairman, $2.5 million that is being requested in this amendment
would bring that total to $5 million, which is the amount that the
Inspector General has indicated is needed.
Mr. Chairman, I ask for a vote of approval on this amendment, and I
yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Grijalva).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. GRIJALVA. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.

Amendment No. 26 Offered by Mr. Denham

The Acting CHAIR. It is now in order to consider amendment No. 26
printed in House Report 115-830.
Mr. DENHAM. Mr. Chairman, I have an amendment at the desk, amendment
No. 26.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 38, line 21, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 80, line 16, after the dollar amount, insert
``(increased by $2,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from California (Mr. Denham) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. DENHAM. Mr. Chairman, California continues to suffer devastating
water shortages and inadequate clean drinking water. We must build new
water storage.
My amendment would simply transfer $2 million into the Water
Infrastructure Finance and Innovation Act administrative expenses
account from the Department of the Interior Office of the Secretary
account.
The base text of this bill has $3 million less for WIFIA
administration than was provided for the fiscal year '18 and provides a
$10 million increase for the Office of the Secretary account.
The WIFIA program is a vital program for water infrastructure. The
program was established in the water resources 2014 bill and has been
accepting loan applications for clean and drinking water projects.
Water storage projects and flood risk reduction infrastructure
projects are eligible under section 3905 of 33 U.S.C. 52, but EPA has
yet to establish a process for administering such loans.
The additional administrative resources in the amendment would allow

[[Page H6450]]

the WIFIA office to more quickly pursue financing of Bureau of
Reclamation and Army Corps of Engineers projects.
It took 4 years--until April 2018--for WIFIA to issue its first loan
for a wastewater project. This is an unacceptable timeframe for
establishing an essential water financing program when the American
Society of Civil Engineers scored our water infrastructure as a D grade
last year.
The administration's infrastructure principles document recommends
expanding WIFIA authorities to water storage projects which is the
lifeblood of California's Central Valley and other reclamation States.
We can't wait another 4 years for WIFIA to issue loans for these
projects.
The Army Corps and EPA expect to execute a memorandum of
understanding for financing projects very soon which will further
strain WIFIA administrative resources. Additionally, the Senate has
included a deadline for Reclamation and EPA to reach an MOU in their
water resources bill.
Mr. Chairman, this is good policy which mirrors my New WATER Act,
H.R. 434. This amendment is necessary for properly and effectively
carrying out both MOUs.
In closing, California continues to suffer devastating water
shortages and inadequate clean drinking water. Areas of California's
Central Valley have not only had bad quality water, but some towns have
no water at all. We must build new storage. This bill helps us to move
that forward and expedite the process.
Mr. Chairman, I yield back the balance of my time.

{time} 2200

The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Denham).
The amendment was agreed to.

Amendment No. 27 Offered by Mr. O'Halleran

The Acting CHAIR. It is now in order to consider amendment No. 27
printed in House Report 115-830.
Mr. O'HALLERAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 46, line 10, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 110, line 12, after the dollar amount, insert
``(increased by $3,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from Arizona (Mr. O'Halleran) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. O'HALLERAN. Mr. Chair, the Office of Navajo-Hopi Indian
Relocation was established to compensate and build homes for those
Navajo and Hopi impacted by the Federal Government's mandated changes
of the reservation boundaries, which resulted in families being forced
to move away from their homes.
My amendment opposes efforts in the underlying bill to prematurely
close the Office of Navajo-Hopi Indian Relocation. The bill
significantly cuts this office while preparing for its premature
closure. I strongly oppose these cuts.
The agency has not completed its mission, and families continue to
wait for the benefits they were promised. Closing the agency without
providing the benefits to the affected families entitled to them would
be a violation of our trust responsibility.
Once the agency's mission is complete, it is essential that the
remaining land management responsibilities are passed to capable and
responsible agencies that will work with stakeholders to ensure that
the trust responsibility is taken seriously.
For this to occur, a comprehensive plan must be developed, and the
plan must include meaningful input from both the Navajo Nation and the
Hopi Tribe, and a thorough audit of the Office of Navajo-Hopi Indian
Relocation.
I have concerns that preliminary discussions that have the Office of
the Special Trustee assuming land management are premature, as the
Office of the Special Trustee has no experience with land management or
building housing.
While the details of the closure plan are worked out, it makes sense
to continue funding the agency, so it can finish its mission and an
orderly and agreeable closure plan can be developed.
The families impacted by relocation have suffered enough, and we have
a responsibility to ensure that we solve the problem in an orderly way,
not simply shift the responsibility.
My amendment simply shifts the funds that were provided to the Office
of the Special Trustee, to assume land management responsibilities,
back to the Office of Navajo-Hopi Indian Relocation where it can be
used to build homes and review appeals until the agency mission is
complete or a comprehensive closure plan is developed with significant
Tribal input.
I thank the chairman and ranking member for their interest in this
important issue, and I look forward to continuing to work with them
toward a resolution that keeps the promises made and is inclusive of
all impacted parties.
Mr. Chair, I urge my colleagues to support my amendment, and I
reserve the balance of my time.
Mr. GOSAR. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Arizona is recognized for 5
minutes.
Mr. GOSAR. Mr. Chairman, I claim time in opposition to this amendment
for several reasons.
The Navajo-Hopi Settlement Act of 1974 was intended to last 5 years.
After that, the plan was to go ineffective. This program has lingered
on for nearly four decades longer than it should have.
The Office of the Navajo-Hopi Relocation has indicated its intent to
close by September 2018. Accordingly, we should not be reducing or even
paying more money in fiscal year 2019 when they want to close the
office in fiscal year 2018.
Mr. Chair, I reserve the balance of my time.
Mr. O'HALLERAN. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from Arizona has 2 minutes remaining.
Mr. O'HALLERAN. Mr. Chairman, I have personally gone around this
process for a long time now, both before I came to Congress and during
my tenure in Congress.
We have hundreds of families who still are in an appeals process. We
have homes throughout both reservations that are simply in a
deteriorated state. This is not spending more money. It is shifting
money from one agency to another to allow us to continue to make sure
that the needs of this relocation project are met.
The time limit of 5 years was extended time and time again because of
the technical nature of this process and the difficulty in our mandated
process to make this a whole system that worked. It hasn't worked. It
needs to be worked on, but not until we have a comprehensive plan.
There is no comprehensive plan. There is just an idea and a concept,
but no comprehensive plan.
I will be glad to work with anybody on a comprehensive plan, but the
idea that we just walk away from this right now without an agency that
really knows what it is doing makes no sense at all.
Mr. Chairman, I reserve the balance of my time.
Mr. GOSAR. Mr. Chair, originally, this legislation was intended to
help 1,000 families. We have helped more than 3,600 Navajo families and
27 Hopi families.
When we talk about the comprehensive plan, maybe we ought to get
everybody in order to make sure that plan is acceptable by everybody
before we keep throwing money at the problem.
Mr. Chair, once again, I am in opposition. Once again, it is four
decades past its time. We don't get resolution on this aspect without
putting some force behind it. There has to be finality to this. This
cannot keep going on. Without putting some finality to the finances, we
will see this continue over and over again.
Mr. Chair, I oppose this amendment, and I yield back the balance of
my time.
Mr. O'HALLERAN. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from Arizona has 30 seconds
remaining.
Mr. O'HALLERAN. Mr. Chairman, I just want to point out the Navajo and
the Hopi have indicated precisely what

[[Page H6451]]

they want to do. They need the time to be able to recognize that there
is a comprehensive plan for their future and the families that are
impacted. It is not in place.
Mr. Chair, I request that my amendment be accepted, and I yield back
the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (O'Halleran).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. O'HALLERAN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.

Amendment No. 28 Offered by Mr. Heck

The Acting CHAIR. It is now in order to consider amendment No. 28
printed in House Report 115-830.
Mr. HECK. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 67, line 12, after the dollar amount, insert
``(reduced by $500,000)(increased by $500,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from Washington (Mr. Heck) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington.
Mr. HECK. Mr. Chairman, this is a straightforward amendment to ensure
that the EPA is laser-focused on helping address the biggest source of
water pollution in the United States: stormwater runoff.
Stormwater runoff is what happens when rain falls--we get a lot of
that in Washington State--and it flows across roofs, parking lots, and
streets. As that rainwater heads on its way to rivers, lakes, and bays,
it picks up all sorts of toxic, nasty stuff like metals, oils,
fertilizers, and pesticides, just to name a few.
Toxic stormwater has a direct effect on the health of our waterways
and, more importantly, on our economy. Nowhere is that more clear,
frankly, than in my home State of Washington and in the Puget Sound,
which is, by water volume, the largest estuary in America.
We actually have video of polluted stormwater literally killing
salmon in a matter of hours--not days or weeks, but hours--and our
endangered southern resident orcas, which we are on the verge of losing
altogether, are harmed both by having fewer salmon to lunch on and by
absorbing the pollutants directly into their body.
We have made a lot of progress in this country in dealing with point-
source pollution, but stormwater runoff is a lot tougher to deal with
now. It is a lot more decentralized, and there are a lot of
jurisdictions involved. It is going to require a lot of improvement in
water infrastructure over time.
State and local governments are kind of stepping up to be sure to
meet this challenge. They know the harms posed by stormwater, but their
budgets are stretched thin. What they really need is a strong partner
in the Federal Government.
That is part of why I am so glad the House just last night passed a
companion bill to this, the Innovative Stormwater Infrastructure Act,
on consent. It had strong, bipartisan support. It creates a task force
at EPA comprised of Federal, State, and local governments, along with
nonprofit and private partners to develop recommendations for finding
some innovative ways to fund stormwater infrastructure.
But the recommendations coming out of that task force won't be very
useful if we don't know more precisely what and how big the need is.
That is why the Clean Watersheds Needs Survey is important. That is a
survey that Congress actually required of the EPA to conduct under the
Clean Water Act on a periodic basis. It is a comprehensive assessment
of the outstanding need for stormwater and wastewater control
facilities nationwide.
We know there is a need. In my State alone, we estimate that
stormwater runoff can be solved with a $19 billion, with a B,
infrastructure investment over the next generation.
The last survey that EPA did dates way back to 2012, and a lot has
happened since, a lot of water under the bridge, pun intended.
To be clear, we are dealing with data that is 6 years old. In order
to make sure our communities are able to deal with the problem,
frankly, we need to have better and more current data. That is what
this is about: good data, good science.
This is what this amendment seeks to do by ensuring the Clean
Watersheds Needs Survey is prioritized by the EPA, no new money, just
prioritized to get that done as required under the law. It is, frankly,
not that large of an expenditure to undertake.
We have to make sure that the agency is in fact using every tool in
its toolbox to help our communities address stormwater. I will say it
again: The number one leading cause of water pollution in America is
stormwater. Of course, that starts with being able to have a full
picture of the problem we face.
Mr. Chairman, for this reason, I urge my colleagues to support the
amendment, and I reserve the balance of my time.
Mr. CALVERT. Mr. Chairman, I rise in support of the gentleman's
amendment.
The Acting CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Mr. Chair, I appreciate the interest in our Nation's
water infrastructure needs.
Although this amendment does not do what the gentleman intends it to
do, I think it is always important for Congress to have a clear
understanding of what improvements need to be made to meet the quality
goals of the Clean Water Act.
Mr. Chairman, this is an amendment I can accept, and I yield back the
balance of my time.
Mr. HECK. Mr. Chair, however the chairman has journeyed to his
conclusion, it is deeply appreciated. I urge my colleagues to vote
``yes,'' and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Washington (Mr. Heck).
The amendment was agreed to.

Amendment No. 29 Offered by Ms. Adams

The Acting CHAIR. It is now in order to consider amendment No. 29
printed in House Report 115-830.
Ms. ADAMS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 68, line 9, after the dollar amount, insert ``(reduced
by $742,000) (increased by $742,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentlewoman
from North Carolina (Ms. Adams) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentlewoman from North Carolina.
Ms. ADAMS. Mr. Chair, I offer this amendment to underscore the
importance of the EPA's Environmental Justice Program.
H.R. 6147 cuts more than $700,000 in funding from this important
program that has made an incredible difference in many communities
across the country, including in my State of North Carolina.
The Environmental Justice Program supports and empowers communities
as they work to address significant environmental and public health
issues at the local level.

{time} 2215

In North Carolina, this program has provided funding for 13 different
initiatives since 2001, including the Environmental Justice Education
and Research Center at Shaw University, which engages high school and
college students in environmental justice research; the Healthy Homes
Greensboro collaborative, which works to reduce housing-related asthma
hospitalizations in low-income, minority neighborhoods resulting from
exposure to toxic chemicals; and Clean Energy Durham, which runs a
volunteer-driven, neighbor-to-neighbor energy education program for
low-income residents of Lee County.
Nationally, this program has helped do everything from cleaning
contaminated soil on reservations to managing oil spills from an
abandoned power plant in Cleveland.

[[Page H6452]]

This program has had a measurable benefit for the people who live
closest to pollution sites. This is crucially important, as people of
color and people with little means are often the most affected by
environmental injustice.
In fact, the environmental justice movement began in Warren County,
North Carolina. In 1982, a small, predominantly African American
community in Warren County was designated to host a hazardous waste
landfill. In response, the NAACP and others staged a massive protest.
More than 500 civil rights activists were arrested during the
nonviolent sit-in protesting the landfill. While their protests failed
to prevent the landfill's construction, it did spark a movement, and it
has served as a model for fighting against environmental injustice
since.
The EPA's Environmental Justice Program helps communities fight
against these same forces. It works to ensure that no group of people
should bear a disproportionate share of negative environmental
consequences from commercial operations or policies.
H.R. 6147 cuts more than $700,000 in funding from this program, and
that is unacceptable. Funding for this program should be increased, and
substantially more than the $6.7 million that was appropriated in
fiscal year 2018.
Cutting out funding for this program neglects dozens of communities
of color, subjecting them to filthy air, unsafe drinking water, and the
health impacts that go along with that. This amendment simply
highlights that fact and challenges that Congress must do better.
Mr. Chair, I urge my colleagues to vote ``yes'' on this amendment,
and I reserve the balance of my time.
Mr. CALVERT. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. CALVERT. Mr. Chair, I appreciate my colleague's desire to show
additional support for a program important to her constituents.
Unfortunately, the amendment does not do what she intends it to do;
therefore, I must oppose the amendment.
Mr. Chair, I reserve the balance of my time.
Ms. ADAMS. Mr. Chair, I thank the gentleman, but I respectfully
disagree with my colleague.
The EPA's Environmental Justice Program provides substantial help to
communities directly affected by pollution and negative environmental
consequences.
Too often, it is communities of color or low-income communities that
are disproportionately affected by negative environmental effects.
A study released this February by EPA scientists found that, in 46
States, communities of color are more likely to be exposed to higher
levels of dangerous air pollution than White communities. Additionally,
in 2012, a study by the NAACP found that coal-fired power plants are
disproportionately concentrated near communities of color.
Thankfully, the Environmental Justice Program and their initiatives
like the Environmental Justice Small Grants Program have helped to
support and empower underserved communities across the Nation as they
develop solutions to environmental pollution.
Mr. Chair, I urge my colleagues to vote ``yes'' on this amendment,
and I reserve the balance of my time.
Mr. CALVERT. Mr. Chairman, I yield 1 minute to the gentleman from
Arizona (Mr. Gosar).
Mr. GOSAR. Mr. Chair, the President's budget request for fiscal year
2018 proposed eliminating the Environmental Justice Program. Also, the
RSE budget supports Representative Sam Johnson's H.R. 958, the Wasteful
EPA Programs Elimination Act of 2017, which, among other things, would
eliminate the Environmental Justice Program.
Mr. Chair, I ask for a ``no'' against this amendment.
Ms. ADAMS. Mr. Chair, may I ask how much time I have remaining.
The Acting CHAIR. The gentlewoman from North Carolina has 30 seconds
remaining.
Ms. ADAMS. Mr. Chair, I yield to the gentlewoman from Minnesota (Ms.
McCollum).
Ms. McCOLLUM. Mr. Chairman, I rise in support of this amendment. This
amendment highlights the very need for more funding in the EPA's
Environmental Justice Program.
As a Member of Congress, we should be appropriating adequate
resources to ensure everyone--everyone--in this country enjoys the same
degree of protection from environmental health hazards.
This is clearly another example of why the interior bill should not
have received flat funding and 302(b) allocation and the impact of not
having a more transparent process.
We should be standing up for our communities of color and for the
children of color who are impacted by these hazardous pollutants to
which they are subjected.
Ms. ADAMS. Mr. Chair, I yield back the balance of my time.
Mr. CALVERT. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from North Carolina (Ms. Adams).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. ADAMS. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from North
Carolina will be postponed.

Amendment No. 30 Offered by Mr. Soto

The Acting CHAIR. It is now in order to consider amendment No. 30
printed in House Report 115-830.
Mr. SOTO. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 68, line 9, after the dollar amount, insert ``(reduced
by $468,000)(increased by $468,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from Florida (Mr. Soto) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. SOTO. Mr. Chairman, my amendment would increase funding for the
National Estuary Program and Coastal Waterways Program by $468,000. It
does so by removing and then reapplying $468,000 within the $2.4
billion appropriation for the Environmental Programs and Management
Account within the Environmental Protection Agency.
This amendment is identical to an amendment I offered last year that
passed this body by a voice vote, and I urge my colleagues to support
this amendment again this year.
Currently, the House Report accompanying this bill calls for a
funding level of $26,723,000. This amendment will restore funding to
the level that passed the House for the last 2 years.
This amendment is intended to increase funding for the National
Estuary Program that protects and restores water quality and ecological
integrity of estuaries of national significance. Currently, 20
estuaries located along the Atlantic, Gulf of Mexico, and Pacific
Coasts and Puerto Rico are designated as estuaries of national
significance. Four of these estuaries are in my home State of Florida.
This program is efficient at leveraging funds to increase estuaries'
ability to restore and protect ecosystems. The National Estuary Program
has obtained more than $10 for every $1 provided by EPA, generating
nearly $4 billion for on-the-ground efforts since 2003. This amendment
will result in a real return on investment for the American people.
With more than half the U.S. population living within 100 miles of
the coast, including the shores of estuaries, this amendment will
result in an enhanced quality of life for those living along the coast,
while maintaining a healthy ecosystem that supports endangered and
threatened species.
Mr. Chair, I urge my colleagues to support this amendment, and I
reserve the balance of my time.
Mr. CALVERT. Mr. Chairman, I rise in support of the amendment.
The Acting CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Mr. Chair, I certainly appreciate the gentleman's desire
to show support for robust funding for the National Estuary Program.
The FY19 bill provides $26.7 billion for the National Estuary Program,
which is equal

[[Page H6453]]

to the FY18 enacted level. This is an amendment I can accept.
Mr. Chair, I yield back the balance of my time.
Mr. SOTO. Mr. Chair, I thank the gentleman from California for his
support, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Soto).
The amendment was agreed to.

Amendment No. 31 Offered by Mr. Langevin

The Acting CHAIR. It is now in order to consider amendment No. 31
printed in House Report 115-830.
Mr. LANGEVIN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 68, line 9, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 68, line 20, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 71, line 11, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 78, line 9, after the dollar amount, insert ``(reduced
by $1,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from Rhode Island (Mr. Langevin) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. LANGEVIN. Mr. Chairman, I rise to offer my amendment to restore
funding for the southern New England estuaries program.
I plan to offer and withdraw this amendment in hopes that we can
continue this discussion and work out a solution that will continue
support for this program that is deeply meaningful to our region.
I am honored to be joined in this amendment by Congressmen Cicilline,
Keating, and Kennedy, all of whom know how important this EPA funding
is to Rhode Island and Massachusetts.
Mr. Chairman, estuaries support life. They are the fragile but vital
ecosystems where saltwater and freshwater mix together, and they
support a robust number of species. In Rhode Island, these coastal and
tidal areas provide environmental balance, but they are increasingly
threatened by human activity. We need to continue to support their
restoration, less they regress and become permanently damaged.
Over the past several years, we have seen the success of EPA's
southern New England program. With projects since fiscal year 2014,
these funds have helped protect and restore watersheds in the
Narragansett Bay, Mount Hope Bay, and Buzzards Bay. They have supported
coastal areas in South County, Rhode Island, and along Cape Cod and the
islands.
The EPA's geographic programs have worked in other parts of the
country as well, from the Puget Sound to the Chesapeake Bay, and they
are working in New England.
Mr. Chairman, as I have said in the past, our estuaries are the lungs
of our coastal areas. These EPA funds continue to help our New England
estuaries recover and to thrive.
While I plan to withdraw this amendment, I hope that Chairman Calvert
and I can work together to preserve this needed program.
Mr. CALVERT. Mr. Chair, will the gentleman yield?
Mr. LANGEVIN. Mr. Chair, I yield to the gentleman from California.
Mr. CALVERT. Mr. Chair, I am happy to work with the gentleman as we
go through this process. If we can find some additional funds as we
move to conference, I will be more than happy to revisit this issue
with the gentleman.
Mr. LANGEVIN. Mr. Chair, I am grateful for the chairman's comments,
and I hope we can, as the gentleman said, work together on this, and I
yield back the balance of my time.
Mr. Chair, I withdraw the amendment.
The Acting CHAIR. The amendment is withdrawn.

Amendment No. 32 Offered by Ms. Jayapal

The Acting CHAIR. It is now in order to consider amendment No. 32
printed in House Report 115-830.
Ms. JAYAPAL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 69, line 17, after the dollar amount, insert
``(reduced by $12,000,000) (increased by $12,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentlewoman
from Washington (Ms. Jayapal) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Washington.
Ms. JAYAPAL. Mr. Chairman, I thank the chairman and ranking member of
the Appropriations Committee and the chair and ranking member of the
Interior Subcommittee.
Mr. Chair, today I rise to highlight the importance of the EPA's
Superfund Enforcement program. Around the country, communities are
being put at risk by those who do not responsibly handle the waste that
they actually create, and it can result in years of ongoing damage,
which leads to health complications and environmental degradation.
The Superfund Enforcement program at the EPA was granted authority
under the Comprehensive Environmental Response, Compensation, and
Liability Act, or CERCLA, to enforce environmental cleanup laws that
bring habitats and communities back from the brink in places where
pollutants have seeped into the ground.
One of the Superfund sites in my State is the Hanford site, which is
a decommissioned nuclear production complex next to the Columbia River.
It was established as part of the Manhattan Project in 1943, and it was
the location of the first full-scale plutonium production reactor.
The site is massive, and its legacy not only includes its devastating
role in World War II but also the environmental impacts in central
Washington and beyond.

{time} 2230

The EPA has referred to the Columbia River as the ``lifeblood of the
Pacific Northwest,'' and they are right. And it is why it is so crucial
that we at the Federal Government do everything we can to clean up
Hanford.
Another Superfund site, this one in my district, is the Duwamish
River, which was designated as a Superfund site in 2001. Over the
course of many years, factory waste and household pollutants have run
into the Duwamish, and the Duwamish air quality is the most toxic in
our State.
Water pollutants have affected our local fish and they have
threatened the food supply and the fishing culture, particularly of
those non-English speakers, Asian and Pacific Islanders, and people of
multiracial backgrounds who depend on the river as a way of life.
It has gotten so dangerous that the State and Federal Governments
have actually issued a warning against the consumption of fish from the
river. On average, community members in the Duwamish live an average of
8 years shorter than other King County residents.
The Superfund Enforcement program allows the Federal Government to
assess locations like this from Washington State to Washington, D.C.,
and determine who is responsible for cleaning up these potentially
devastating contaminants.
By the numbers, Mr. Chairman, the Superfund Enforcement program has
not only been incredibly successful, it has actually saved taxpayers
money and leveraged a lot of money for us.
According to the EPA, in fiscal year 2017, the agency reported that
they reduced, treated, or eliminated 217 million in pollution. During
that same time, 245 million pounds of hazardous waste was treated,
minimized, or properly disposed of, and 416,000 people were protected
by the enforcement of the Safe Drinking Water Act.
Thanks to the Superfund Enforcement program, many of the bad actors
who create the problems are actually responsible for cleaning them up,
and we leverage a lot of the Federal Government's money. In fiscal year
2017, the amount committed by liable parties to clean up Superfund
sites was $1.227 billion, which goes a long way toward ensuring that
communities can be safe, healthy, and protected.
While the funding levels in the 2019 bill are not as low as the
President's budget requested, I urge my colleagues to support continued
funding in 2018 at the 2018 enacted level of $166 million or higher.

[[Page H6454]]

Mr. Chairman, I look forward to working with the chairman and the
ranking member of the subcommittee to ensure that this program is
meaningfully supported, and I reserve the balance of my time.
Mr. CALVERT. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. CALVERT. Mr. Chairman, I just want to note that this bill
provides $10 million above the President's request for Superfund
Enforcement and $12 million above the fiscal 2018 enacted level for the
entire Superfund program. We attempted to find middle ground on
enforcement while also prioritizing on-the-ground cleanup efforts that
returns land to productive uses.
I certainly appreciate the gentlewoman's support for the interest in
the Superfund program, and while the amendment does not do as she
intends, this amendment is something we are unable to support at this
time.
Mr. Chairman, I yield back the balance of my time.
Ms. JAYAPAL. Mr. Chairman, I yield 30 seconds to the gentlewoman from
Minnesota (Ms. McCollum).
Ms. McCOLLUM. Mr. Chairman, I rise in great support of this
amendment. Just last year, I dealt with a frightening situation in my
district where a company abandoned its facility, leaving dozens of vats
of drums of cyanide and various assorted other toxic chemicals. This
facility was in the middle of a residential neighborhood with some
neighbors only living 15 feet from the facility.
There is a legacy of abandoned waste sites that must be dealt with,
and the cost far exceeds what we can fund in our bill. This flat
funding that we have with the 302(b) allocation is something that the
chairman knows I feel very strongly about, and I want to be on record
of supporting this, and maybe we also need to include the reinstating
of a Superfund tax.
I thank the gentlewoman for the time.
Ms. JAYAPAL. Mr. Chairman, may I ask how much time I have left.
The Acting CHAIR. The gentlewoman from Washington has 1 minute
remaining.
Ms. JAYAPAL. Mr. Chairman, I appreciate the gentleman's remarks, and
I did mention that I appreciated that there was more allocated than the
President's budget.
I think the magnitude of the problem that we are dealing with and the
hundreds of thousands of lives that are at stake in terms of who
depends on the waterways that go through these Superfund sites is why I
am asking the chairman if he might consider restoring the original
level, which is, of course, more than was allocated.
I do understand the challenges, but I think that these are historical
harms that we are trying to correct and money that is leveraged
substantially by the companies that create the waste, and it is because
the Federal Government is putting money into these that we are able to
do that.
Mr. Chairman, I urge support of this amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Washington (Ms. Jayapal).
The amendment was rejected.
The Acting CHAIR. It is now in order to consider amendment No. 33,
printed in House Report 115-830.

Amendment No. 34 Offered by Mr. LaMalfa

The Acting CHAIR. It is now in order to consider amendment No. 34
printed in House Report 115-830.
Mr. LaMALFA. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 85, line 6, after the dollar amount, insert
``(decreased by $5,000,000)''.
Page 85, line 25, after the dollar amount, insert
``(increased by $4,500,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from California (Mr. LaMalfa) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. LaMALFA. Mr. Chairman, my amendment today simply aims to increase
funding to help combat illegal marijuana grow operations in our
Nation's national forests. Illegal marijuana grows pose a significant
threat to public safety as well as the environment.
According to the DEA, the majority of illegal marijuana production
that occurs in Federal land is carried out by Mexican drug cartels.
These cartels smuggle deadly weapons, illegal pesticides, and other
dangerous materials across the border to grow illegal substances on our
public lands.
Siskiyou County, in my district in northern California, has actually
declared a state of emergency over the damage illegal marijuana
production has caused to neighboring communities, the surrounding
environment--again, damage much beyond what anybody would ever accuse
legal industries of, farming, timber, whatever--and they are using,
again, banned chemicals in the process, damaging wildlife, the
environment, water supply, across the board.
While the majority of illegal grow activity occurs within
California's borders, States across the country are also affected. Drug
trafficking organizations are operating on 72 national forests in 21
States throughout the country.
Our agencies need the funding and tools to take proactive steps to
push back against this growing, large threat. According to the Forest
Service, it would cost over $100 million over 5 years to reduce the
spread of this problem in California alone.
My amendment would increase funding to the National Forest System
account by $4.5 million. Indeed, that is barely scratching the surface
of what is truly needed, but it is a good start, and then we can
fashion a pilot to show the good we can do over time.
Mr. Chairman, I strongly support this amendment and urge my
colleagues to vote ``yes,'' and I reserve the balance of my time.
Ms. McCOLLUM. Mr. Chairman, I claim time in opposition to this
amendment.
The Acting CHAIR. The gentlewoman from Minnesota is recognized for 5
minutes.
Ms. McCOLLUM. Mr. Chairman, this amendment would increase that
reduction and transfer $5 million to the National Forest System
account, and as the gentleman explained, the funding would be used for
the purpose of eradicating illegal marijuana growing operations in the
national forests, and that is something that I support.
I know we work on it in Minnesota, and we have worked on it in our
State forests. So I agree that this work is very important. I worked to
ensure this funding was included in the fiscal year 2018 omnibus bill,
so the funding is already provided, and now it is part of the program's
base.
So the amendment, to me, is unnecessary because the program is
already funded, but the offset is also problematic. The Forest and
Rangeland Research account fund does scientific research that informs
policy and land management decisions regarding such issues as I know we
all care about: wildfire, fuels research, invasive species, which also
can, especially in our forests, lead to the forest being less healthy
so they have less resilience to wildfire, and new, innovative ways to
harvest forest products, which in my State and many States is very
important.
This amendment, I don't think is intended to, but I do believe it
could negatively impact bipartisan programs like the Forest Products
Laboratory and the Forest Inventory Analysis program.
So, as I mentioned, I am opposing this not because I don't think we
need to work on eradicating illegally grown marijuana in our public
lands, but because this program is already in part of the base, and the
offset is problematic for many of the shared goals I think many of us
in this body have.
So with that, I oppose this amendment, and I currently don't plan on
speaking on it again.
Mr. Chairman, I yield back the balance of my time.
Mr. LaMALFA. Mr. Chairman, I do appreciate my colleague's position
there, but we are talking about, again, what the Forest Service says
themselves is a $100 million problem over 5 years, or $20 million per
year. This would seek to boost that.
If you saw the emergency situation, again, in areas like my district
and adjacent, you would probably agree this

[[Page H6455]]

$4.5 million boost would be very important in order to get a good start
at that.
Mr. Chairman, I yield 1 minute to the gentleman from California (Mr.
Calvert).
Mr. CALVERT. Mr. Chairman, I thank the gentleman because this is
somewhat personal to me. I appreciate the gentleman's interest in this
illegal marijuana cultivation in our national forests.
One of the largest national forests in the State of California,
Cleveland National Forest, is literally in my congressional district
and right close to my house. We are always having problems with people
setting up illegal grow operations in the Cleveland National Forest. So
this increase to remediate these sites is needed.
I agree with the gentlewoman that these offsets are difficult, but I
am pleased to offer my support for the gentleman's amendment.
Hopefully, we can get rid of some of this illegal marijuana that is
grown in these national forests.
Mr. LaMALFA. Mr. Chairman, may I ask how much time I have left.
The Acting CHAIR. The gentleman from California has 2 minutes
remaining.
Mr. LaMALFA. Mr. Chairman, again, I appreciate the conversation here,
but when you look at the depth and the danger of what is being brought
into our States and my own part of northern California, my colleague in
the Cleveland National Forest, this is an acute problem. The
environmental damage is unspeakable with the amount of chemicals, the
damage to the wildlife, and the threat this poses to people out there
innocently hiking camping, utilizing the forest or maybe for even
logging operations.

So we need to kick-start this as strongly as possible, and that is
why I offer this amendment tonight in order to counter and send a
message that we are taking this seriously where Federal employees,
Federal agents have feared to tread in recent years because of this
tremendous threat that the Mexican nationals and gang activity has
caused in our national forests that belong to the people.
So, again, I urge my colleagues to support this. It is an important
start and weaves into so much with human trafficking, environmental
destruction, and even, in some cases, murder associated with the
problems of the growth of this product in our national forests.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. LaMalfa).
The amendment was agreed to.

Amendment No. 35 Offered by Mr. Welch

The Acting CHAIR. It is now in order to consider amendment No. 35
printed in House Report 115-830.
Mr. WELCH. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 85, line 15, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 85, line 15, after the dollar amount, insert
``(reduced by $5,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from Vermont (Mr. Welch) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Vermont.
Mr. WELCH. Mr. Chairman, across the country, an invasive beetle known
as the emerald ash borer has been wreaking havoc on ash trees. It was
first discovered in 2002 in Michigan, but since then, it has spread to
33 States, killing millions of trees, inflicting severe harm on the
forest products industry, and costing municipalities and property
owners millions of dollars.

{time} 2245

Ash trees infested with the emerald ash borer suffer nearly 100
percent fatality rates over a 3- to 5-year period. At this point, there
is no known effective treatment.
Earlier this year, the emerald ash borer was discovered in Vermont.
While the discovery was not a surprise, the news is devastating.
Forests are a central part of our economy, our landscape, and our way
of life. It is going to be difficult to eradicate the pest, but there
are steps we can take to contain its spread.
Mr. Chairman, I thank the Appropriations Committee, Mr. Carter, and
Ms. McCollum for acknowledging the threat this invasive species poses.
The report language accompanying the bill recommends a $19.5 million
increase to forest health management under the State and private
forestry account for addressing high-priority invasive species, pests,
and diseases, including the emerald ash borer. I support that increase.
My amendment specifies that, of this amendment, at least $5 million
should be used to help mitigate the spread of and eradicate the emerald
ash borer.
Ultimately, a successful response will require a strong partnership
between Federal, State, and private sector stakeholders. This amendment
is a good first step to ensure the Federal Government is doing its
part.
Mr. Chair, I urge my colleagues to join me in supporting the
amendment, and I reserve the balance of my time.
Mr. CALVERT. Mr. Chairman, I rise in support of the amendment.
The Acting CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. CALVERT. Mr. Chairman, I thank the gentleman for bringing this
issue to our attention.
Invasive species, pests, and diseases have wreaked havoc across the
Nation and continue to do so. I know that the emerald ash borer has
been a tremendous pest throughout a good part of our country, certainly
in State and private forests also.
We need to improve management in our forests, and we need those
conditions to improve. So I am happy to accept the gentleman's
amendment, and I hope we can reduce the emerald ash borer.
Mr. Chairman, I yield back the balance of my time.
Mr. WELCH. Mr. Chairman, I thank Mr. Carter, I thank Ms. McCollum,
and I thank the Appropriations Committee for their support, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Vermont (Mr. Welch).
The amendment was agreed to.

Amendment No. 36 Offered by Mr. Ruiz

The Acting CHAIR. It is now in order to consider amendment No. 36
printed in House Report 115-830.
Mr. RUIZ. Mr. Chairman, I rise as the designee of Congressman Polis,
and I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 85, line 15, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 90, line 3, after the dollar amount, insert
``(decreased by $2,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from California (Mr. Ruiz) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. RUIZ. Mr. Chairman, I rise today in support of this bipartisan
amendment with my colleagues Representatives Polis, King, and Renacci
to support the brave men and women who serve as volunteer firefighters.
This commonsense amendment would add an additional $2 million for
volunteer fire assistance grants. These grants provide matching funds
to local and rural volunteer fire departments to assist with training
and the purchase of communications and safety equipment.
California experienced one of the worst wildfire seasons in history
last year, and this year is shaping up to be no different. Volunteer
firefighters will provide nearly 80 percent of the initial defense of
homes, businesses, and communities in the face of these fires before
reinforcement arrives.
In my district, where we are under the constant threat of wildfire,
departments such as Idyllwild Fire Protection District and the
Riverside County Fire Department have benefited from the VFA grant
program. These departments provide fire protection services to dozens
of rural communities in my district that are at a heightened risk of
wildfire due to the sustained drought and heat California is
experiencing.
The volunteer firefighters who serve Idyllwild routinely overcome
significant communications and topographical challenges. Grant
programs,

[[Page H6456]]

like volunteer fire assistance grants, help them respond quickly and
effectively to fire emergencies.
Throughout the rest of my district, interim Riverside Fire Chief
Daniel Talbot has done an excellent job leading the department and
preparing for what is already an intense fire season. This week alone,
several new fires have sprung up as triple-digit temperatures continue
to create a tinderbox across the Western United States. Images of
blackened cars and houses reduced to their foundations are already far
too common, images we will, unfortunately, only continue to see more
of.
Despite this constant and recurrent threat, we still fail to treat
fires like the devastating natural disasters that they are. The damage
caused by wildfires in California, Colorado, and other States has been
heartbreaking, and yet we still continue to underfund mitigation,
suppression, and prevention efforts for these disasters.
Any additional assistance we can provide to those on the front lines
to keep our communities safe is our social responsibility to protect
the common good, especially when volunteers risk their lives to save
our lives without pay.
Many of these departments who benefit from the VFA program operate in
rural towns on shoestring budgets, so an additional $2 million will go
a long way to helping them purchase critical extra equipment.
Mr. Chairman, I urge my colleagues to support this bipartisan
amendment to give our firefighters the equipment and training they need
to keep the public safe.
Mr. Chairman, I reserve the balance of my time.
Mr. RENACCI. Mr. Chairman, I rise in support of the amendment.
The Acting CHAIR. Without objection, the gentleman from Ohio is
recognized for 5 minutes.
There was no objection.
Mr. RENACCI. Mr. Chairman, I rise in support of the bipartisan
amendment with Mr. Polis, Mr. King, and Mr. Ruiz.
As a former volunteer firefighter, maintaining adequate funding for
the volunteer fire assistance program is of particular importance to
me. First responders are pillars of our community, and it has been a
privilege of mine to advocate for them in Congress.
This program provides financial and technical assistance through
grants to rural communities of less than 10,000 people that are matched
by the community or State on a 50-50 basis. Grant funding for this
program can be used to obtain and repair equipment and improve fire
protection capabilities.
Ever more striking is that many of these rural fire departments often
rely on volunteers. In fact, 70 percent of all firefighters are
volunteers, over half of whom are found in rural communities.
Mr. Chairman, I urge my colleagues to support this amendment to
provide these brave men and women the funds they need to adequately
combat wildfires and protect our communities and treasured American
landscape.
Mr. CALVERT. Will the gentleman yield?
Mr. RENACCI. I yield to the gentleman from California.
Mr. CALVERT. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I certainly support this amendment. Mr. Ruiz and I
represent the same area. Volunteer firefighters are extremely
important, especially in our rural areas, and this is something we all
should support.
Mr. Chairman, I am happy to accept the amendment.
Mr. RENACCI. Mr. Chairman, reclaiming my time, this amendment would
reallocate $2 million to the Interior's volunteer fire assistance
program with six to eight volunteer firefighters.
Mr. Chairman, I urge my colleagues to support the amendment, and I
yield back the balance of my time.
Mr. RUIZ. Mr. Chairman, I certainly appreciate and thank my
colleague, who has given his time in fighting fires in his capacity.
I thank my colleagues, as well as the chairman and the ranking
members for their work on this bipartisan bill.
Mr. Chairman, once again, I urge my colleagues to support this
bipartisan and commonsense amendment to support the volunteer
firefighters who protect our communities, and I yield back the balance
of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Ruiz).
The amendment was agreed to.

Amendment No. 37 Offered by Mr. Carbajal

The Acting CHAIR. It is now in order to consider amendment No. 37
printed in House Report 115-830.
Mr. CARBAJAL. Mr. Chairman, I rise as the designee for Mr. Polis of
Colorado, and I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 86, line 5, after the dollar amount, insert
``(decreased by $10,000,000)''.
Page 86, line 7, after the dollar amount, insert
``(increased by $10,000,000)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from California (Mr. Carbajal) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. CARBAJAL. Mr. Chairman, I rise to offer amendment No. 37 on
behalf of my colleague from Colorado, Representative Polis.
Mr. Chairman, as we continue to see global temperatures rise and
extreme weather events like wildfires become more prevalent, it is
imperative that Congress take action to help reduce these threats.
This amendment would increase funds for hazardous fuels management
activities by an additional $10 million in order to mitigate the
threats of wildfires and help save lives.
This program reduces dangerously high fuel loads and helps restore
and improve the health and resiliency of our forests.
Managing hazardous fuel loads is critical to protecting the American
public from wildfires, providing for fire safety and preserving our
Nation's natural resources. Fuel treatments provide safer conditions
and more strategic options for firefighters.
In the 2016 fiscal year, the Forest Service funded and helped conduct
fuels treatment on more than 3.2 million high-priority acres
nationwide. This included 2.1 million acres on areas with populated
communities, high fire areas where the Forest Service could alleviate
the risk more effectively.
Assessments of fuels treatment effectiveness show that 91 percent of
treatments were effective in changing fire behavior and/or helping to
control wildfire.
Despite this progress, the Forest Service estimates that there are
millions of acres at high risk of wildfires, including some that are
adjacent to communities.
We must make investments in hazardous fuels programs that have
demonstrated effectiveness in reducing wildfire risk and continue to
prioritize treatments in the highest priority areas to protect lives,
property, and watersheds.
As the Representative for the central coast in California, I can tell
you that we are no strangers to wildfires. This year alone, my district
witnessed the devastating impacts of the Thomas and Holiday fires.
The Thomas fire became the largest fire in California history,
burning nearly 282,000 acres in Ventura County and Santa Barbara
County, and later triggering mudslides that tragically claimed the
lives of 23 individuals in my district.
If we can take action to prevent wildfires, we should. We know it
pays to be prepared. And we know that for every dollar spent on
mitigation activities, we save $6 in return.
Mr. Polis' amendment is a commonsense measure that would help provide
sufficient funds to ensure that we are protecting lives and property
from the threats of wildfires.
Mr. Chairman, I urge my colleagues to support this amendment, and I
reserve the balance of my time.
Mr. CALVERT. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. CALVERT. Mr. Chairman, certainly, I agree with the gentleman that
hazardous fuel reduction is something that is extremely important. That
is why we provide for a $30 million increase from last year's levels
for hazardous fuel reduction in this bill.
Second, the national forests are overgrown and prone to severe and
catastrophic fires, there is no doubt about

[[Page H6457]]

it. Colorado, for instance, has already experienced a number of these
fires this year, and, certainly, our home State of California is no
different. We have had a number of fires, and we have fires going on at
this very moment.
The timber program, which removes trees from these overgrown stands,
significantly reduces the threat of catastrophic fire. We went down a
path in the early 1990s that many people in the mainstream
environmental movement now realize is a mistake. We have now got out of
that enterprise, and a lot of these forests, unfortunately, have
overgrown and have bark beetle disease, so that now becomes hazardous
fuel.
Unfortunately, it wasn't harvested in a responsible way earlier.
Responsible harvesting of timber from the national forest is a
necessary component of good forest and land management.

{time} 2300

So taking money from that account is the offset that I can't support.
But certainly, I do support hazardous fuel reduction, because,
unfortunately, we have created a lot of it in our home State of
California and throughout the West. So, unfortunately, I have to urge a
``no'' vote on this amendment.
I yield back the balance of my time.
Mr. CARBAJAL. Mr. Chair, this amendment offsets the $10 million
increase for fuels management by reducing from the forest products.
Unlike the forest products line item, which funds timber sales, the
hazardous fuels program is focused exclusively on reducing wildfire
risks and employs a wide range of tools, including prescribed fire,
mechanical fuels reduction, and thinning activities.
Increasing funding for hazardous fuels management can save lives. And
when we consider the priority of forest products versus the opportunity
to thin these fuels, I think the priority is clear, for saving lives,
for saving property, and saving our environment.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Carbajal).
The amendment was rejected.
The Acting CHAIR. The Chair understands that amendment No. 38 will
not be offered.

Amendment No. 39 Offered by Mr. Grothman

The Acting CHAIR. It is now in order to consider amendment No. 39
printed in House Report 115-830.
Mr. GROTHMAN. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 115, line 17, after the dollar amount, insert
``(reduced by $23,250,000)''.
Page 116, line 5, after the dollar amount, insert
``(reduced by $23,250,000)''.
Page 147, line 2, after the dollar amount, insert
``(increased by $46,500,00)''.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from Wisconsin (Mr. Grothman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Wisconsin.

Modification to Amendment No. 39 Offered by Mr. Grothman

Mr. GROTHMAN. Mr. Chair, I ask unanimous consent to modify the
amendment in the form I have placed at the desk. There was a minor
change in the figure there.
The Acting CHAIR. Is there objection to the request of the gentleman
from Wisconsin?
Ms. PINGREE. Mr. Chairman, reserving the right to object.
The Acting CHAIR. The gentlewoman from Maine is recognized on her
reservation.
Ms. PINGREE. Mr. Chair, while I appreciate the request made is
intended to correct an inadvertent drafting error, I am concerned that
granting the gentleman's request would legitimize a double standard
being applied to unanimous consent requests here on the House floor.
For example, during consideration of the defense appropriation bill 3
weeks ago, Congresswoman Jackson Lee sought to obtain a unanimous
consent to correct just this sort of innocent drafting error in her
amendment. The majority informed us that, while they had no problem
trying to fix the error in some other less direct manner later in the
process, they would object to doing so by unanimous consent.
More importantly, just today, the ranking member of the Foreign
Affairs Committee asked for and could not get unanimous consent to
consider a resolution endorsing Speaker Ryan's own statement rebuking
the President's statements in Helsinki in which the President said that
he takes the Russians' word over that of the U.S. intelligence
community, and refused to condemn the Russians' attacks on our
democracy.
If Democrats can't even get unanimous consent for that, endorsing a
statement by the Speaker of the House, it starts to look like a
partisan double standard for giving unanimous consent.
Mr. Chair, I withdraw my reservation of objection.
The Acting CHAIR. The reservation is withdrawn.
The Clerk will report the modification.
The Clerk read as follows:
Modification to amendment No. 39 offered by Mr. Grothman:

Mr. GROTHMAN (during the reading). Mr. Chair, I ask unanimous consent
to dispense with the reading of the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Wisconsin?
There was no objection.
The Acting CHAIR. Is there objection to the original request of the
gentleman from Wisconsin?
There was no objection.
The Acting CHAIR. The amendment is modified.
The Chair recognizes the gentleman from Wisconsin.
Mr. GROTHMAN. Mr. Chair, I will address the amendment. The purpose of
this amendment is to try to make a small dent in what I consider to be
the overall excessive spending that is going on here.
In the year which we are currently in, we anticipate borrowing about
22 percent of the Federal budget. A few years ago, we had that number
down to around 11 percent--and to a certain extent because of the
hurricanes, but to a certain extent not--we now are borrowing up to 22
percent.
President Trump, at the time he originally submitted the budget for
this time, which was before the budget agreement was reached, I think,
anticipated spending over $50 billion less than the amount that was
spent in the last year. I tried to look at something to just give a
little bit, a tip of the cap, to President Trump's request. I think he
is paying a lot more attention to the burden we are placing on our
children and grandchildren than Congress collectively.
And I looked at the National Endowment for the Arts and the National
Endowment for the Humanities. I am requesting a 15 percent reduction in
both of those numbers. It seems when you reduce anything else, it seems
to plan that it is a matter of life and death, and horrible things are
going to happen.
I like the arts. I don't know if I like the humanities quite as much
as the arts, but they are okay, too. But it is hard to believe, at a
time when we are borrowing 22 percent of our overall budget, that a
minor 15 percent cut in these two items would be inappropriate.
We are, right now, going up in the National Endowment of the
Humanities, hitting an all-time high this year, at the time of this
huge deficit, and we are also increasing in the proposed budget the
amount we are spending on the humanities.
It seems to me that these things, you could argue, are not
necessarily a Federal purpose at all. I am not like President Trump was
2 years ago and trying to zero out these two lines altogether, but I
think it is a little bit of an insult to our President, an insult to
our children, an insult to our grandchildren to go up to high numbers
on both these items.
So the purpose of my amendment, a minor 15 percent reduction. There
is still more in both these accounts than we had just a few years ago.
I reserve the balance of my time.
Mr. CALVERT. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.

[[Page H6458]]

Mr. CALVERT. I certainly agree with the gentleman that we have a
budget problem. I served on the Budget Committee for a number of years
and recognize the fact that we are spending too much money.
However, if we take a look at the entire budget picture, nondefense
discretionary accounts represent 16 percent of total Federal outlays.
And if you take a look at the nondefense discretionary accounts, over
the last number of years, we are pretty flat. We are pretty flat
spending right now. I mean, even with this increase, even with this
increase.
However, this NEA-NEH program is something I can't support. While I
understand, again, why the gentleman wants to save money, this
amendment would have unintended consequence affecting the men and women
who serve in the country in uniform, military veterans, their families,
as well as Native Americans, Alaska natives.
We are putting a lot of this money in to help people get through
their post-traumatic stress syndrome. This amendment would have
devastating consequence on critical work for the National Endowment for
the Arts at Walter Reed Medical Center, 11 other clinical sites across
the country that are supporting therapy service.
We have reformed the National Endowment for the Humanities to make
sure that we have low overhead, and that this money is getting out into
the country. This money doesn't go to New York or L.A. This goes out to
the rural areas around the country that don't have the benefit of large
interest in arts.
So I certainly urge Members to support the innovative work the NEA
and the NEH are providing our men and women in uniform, our veterans,
and families.
Mr. Chairman, I yield 1 minute to the gentlewoman from Maine (Ms.
Pingree).
Ms. PINGREE. Mr. Chairman, I too rise to speak in opposition to this
amendment.
The NEA and the NEH have strong, bipartisan support on this
committee, and I had really hoped the days of attacking these agencies
were behind us. Maybe they seem like a good political target for those
who don't understand the ways the arts and humanities affect our daily
lives, but the economic benefits are undeniable for big cities, small
towns, and everywhere in between.
The arts and culture industry contributes $764 billion to our economy
every year, and the endowments are uniquely positioned to help smaller,
rural areas, as you heard the Chair say, access that energy in a way
that private capital can't or won't. And efforts to reach underserved
communities are just as important.
NEA's Creative Forces program helps servicemembers and veterans
manage TBI and PTSD through arts therapy. A cut would majorly impact
the program's reach.
Similarly, NEH has funded the popular veterans book clubs that use
literature that help process experiences in our military. I have been
lucky to talk to some participants, and this is a deeply meaningful
program that, again, is in jeopardy if this proposed cut moves forward.
Frankly, all of this comes at a very small price tag. The NEA and NEH
use minimal Federal investments.

I will just end by saying this is an important way to create jobs,
support families, and sustain communities in every Congressional
district.
Mr. CALVERT. Mr. Chair, I yield 1 minute to the gentleman from New
Jersey (Mr. Lance).
Mr. LANCE. I thank the chairman for his strong support of these
programs.
I rise in opposition to the gentleman's amendment. Cuts to these
programs may be penny-wise, but I think they are pound-foolish.
I am the Republican chair of both the Arts Caucus and the Humanities
Caucus in this House, and these programs do wonderful work throughout
the entire Nation, in every hamlet in America and, of course,
supporting our veterans.
For every dollar the United States spends on Federal arts
initiatives, nine non-Federal dollars are leveraged, generating roughly
$600 million in matching funds. Last year's Federal arts appropriation
was under $150 million, but the industry returned $10 billion to the
Federal Treasury in income taxes.
I understand the gentleman's argument about government spending and
our national debt. I take these matters seriously and have opposed a
recent measure in this body that will increase our national debt over
the next decade.
But on these programs, I trust that my colleagues from the Arts and
Humanities Caucuses will expand on the incredible cultural and
educational importance of supporting these programs as well.
I urge a ``no'' vote on this amendment.
Mr. GROTHMAN. Just a comment from the humble Congressman from
Wisconsin. It was said that this is a small amount. I still think $300
million is a lot of money, okay? And we are only taking about $45
million out of that. We are leaving a lot behind. We are leaving--I
don't feel, at this time, with such a big debt, we should be setting
the all-time high that we have ever put in the endowment for the
humanities and higher than any other amount we have put in the arts for
the last 8 years.
And when I run for this job, I don't find anybody running around
saying that they have got a big crisis in this country. I have a lot of
rural area. And we have got to spend a lot more money in Washington, we
have got this big debt, on the arts and humanities.
My local and municipal government are pleased to fund this.
Philanthropists are pleased to fund this, and even people without a lot
of money like me are happy to fund it on our own.
I request that the amendment pass and we make a little dent in this
huge level of spending, and take a small amount out of here; not as
much as President Trump, who cares so much about our children and
grandchildren, wanted to take out, but at least a small 15 percent out
due to our huge debt.
Mr. Chair, I yield back the balance of my time.
Mr. CALVERT. Mr. Chair, can I inquire how much time I have left?
The Acting CHAIR. The gentleman from California has 1 minute
remaining.
Mr. CALVERT. Mr. Chair, one thing I want to make a point of, and
because obviously this deficit is a problem. Everybody recognizes that.
Seventy percent of all our spending today is nondiscretionary spending,
70 percent.
When I came to Congress 26 years ago it was 30 percent. Today those
numbers have totally flipped. Now it is 30 percent discretionary, 70
percent nondiscretionary.
Of the discretionary account, half of that goes to defense. The other
half goes to nondefense discretionary. No way are we ever going to
balance the budget on nondefense discretionary spending. At some point,
we all need to come together, Republicans, Democrats, the President,
and come to a budget agreement. It has been tried before and needs to
be tried again. And the 70 percent of nondiscretionary spending has to
be on the table and we have to bend those cost curves.
We are not going to--and I dispute the fact that we are at an all-
time high on NEH and the National Endowment for the Arts. In past
years, those numbers were quite higher.

{time} 2315

Those numbers have been cut down over the years, and we are trying to
do the best we can on these discretionary accounts; but being what it
will, this is not, I think, a wise cut. Money is going to every
congressional district in the United States.
Mr. Chair, I oppose this amendment, and I yield back the balance of
my time.
The Acting CHAIR. The question is on the amendment, as modified,
offered by the gentleman from Wisconsin (Mr. Grothman).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. GROTHMAN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment, as modified, offered by the gentleman
from Wisconsin will be postponed.

Amendment No. 40 Offered by Mr. Beyer

The Acting CHAIR. It is now in order to consider amendment No. 40
printed in House Report 115-830.
Mr. BEYER. Mr. Chairman, I have an amendment at the desk.

[[Page H6459]]

The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 138, beginning on line 1, strike section 430.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from Virginia (Mr. Beyer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. BEYER. Mr. Chairman, neither of the amendments that I offer
tonight have much to do with the appropriations we are addressing. They
are not about specific budget provisions, although I very much enjoyed
listening to the many amendments tonight and am impressed with how
often the discussion has been cordial. Instead, this amendment seeks to
preserve current Clean Water Act protections for our rivers, streams,
and wetlands.
Our Nation's river systems and wetlands provide irreplaceable
resources: natural water quality improvement, flood protection,
shoreline erosion control, recreation, general aesthetic appreciation,
and natural products for our use at no cost. Yet section 430 of this
bill seeks to undermine the critical balance between protecting these
waters and the day-to-day operations of our Nation's farmers, ranchers,
and foresters.
Under current law, you do not need a Clean Water Act permit if
discharges of dredged or fill material are associated with normal
farming, ranching, or silviculture activities. This exemption pertains
to normal farming and harvesting activities that are part of an
established, ongoing farming or forestry operation. Only when the
activities change or convert the use of a waterbody to a new purpose or
impair the historic flow or reach of a stream or wetland does the
exemption no longer apply.
What this means is that farmers can continue to plow their fields,
plant their seeds, and harvest their crops without ever having to
obtain approval under the Clean Water Act; but if a farmer wants to use
the current exemption to convert his farmland into a residential
development, he can't do that unless he gets a permit.
A rancher couldn't use this exemption to plow under a wetland to
expand the reach of her grazing lands, and forestry operations can't
use this exemption to change the course of a local stream to improve
drainage on their growing lands.
Section 430 of this bill seeks to provide an absolute exemption for
impacts to any streams or wetlands that happen to be on agricultural,
ranching, or forestry lands. This is a fundamental change to the Clean
Water Act and one where the impacts have never been explored.
This amendment would be a departure from almost 40 years of
implementation of the Clean Water Act by eliminating the existing
provision requiring that the exemptions are limited to established,
ongoing farming practices. It could result in the loss or impairment of
thousands of acres of valuable wetlands.
Mr. Chairman, we shouldn't be using an appropriations bill to change
Federal policy related to the protection of our Nation's rivers and
streams. To the best of my knowledge, no hearings or investigations on
the impacts of this provision have ever been held.
If Congress intended to overturn almost 40 years of Clean Water Act
precedent, regular order would require hearings before the House
Committee on Transportation and Infrastructure, which has sole
jurisdiction over the Clean Water Act, and approval by that committee
before consideration on the floor.
Mr. Chairman, this rider is bad policy for the protection of our
environment, for the protection of human health, and for the protection
of public safety.
Mr. Chair, I urge support for my amendment, and I reserve the balance
of my time.
Mr. LaMALFA. Mr. Chair, I rise in opposition to this amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. LaMALFA. Mr. Chair, I rise today in strong opposition to this
amendment.
My colleague today has labeled this language a loophole in the bill,
which is false. A loophole is used to get around a law. The language he
wants to strike requires EPA and Army Corps to follow the law.
I ask once again my colleague, a friend of mine and a nice guy, to
come visit us in northern California and meet with the farmers and
ranchers who have seen firsthand this misuse and abuse of the Clean
Water Act and to gain an understanding why this language is necessary.
It is not theoretical. This is regulatory overreach at its worst going
on right now.
The recapture provision of the Clean Water Act was never meant to
swallow the original intent of the agricultural exemptions clearly laid
out in the act, but that is exactly what has been happening. If this
amendment passes, it would only get worse.
It was never the intention of the Clean Water Act to punish farmers
for conducting normal farming practices, normal operations, such as
plowing or doing stock pond maintenance, indeed, continuing what it is
they have always done.
There is a difference between filling a river and a difference
between plowing the corner of a field. These exemptions were
constructed to address that difference.
The ongoing expansion of enforcement, indeed, the reinterpretation of
clear exemption, is not what has been going on for 40 years as
asserted, but only in recent years under the previous administration
have they reinterpreted these laws; otherwise, you wouldn't have these
farmers and others in such a fuss over what they have done for many
decades.
The ongoing expansion of enforcement of the Clean Water Act has
chipped away at the rights of landowners and has made it a danger to
farmers to effectively utilize their own property--key word, ``own.''
This isn't somebody else's wetlands. This isn't someone else's habitat.
This is land that belongs to farmers who have been practicing farming
in the way they see fit for many years before this reinterpretation.
It is really ridiculous that a farmer must worry about being slapped
with a fine in the millions of dollars just for plowing on their own
land or a decision to rest that land, let it lie fallow, or wait for
improved market conditions.
In my district, there have been lawsuits against residents for
farming without Federal permission. Cases like these across the country
have cost farmers millions of dollars--yes, millions of dollars--in
legal damages, and they risk running farmers out of business. I don't
know of many farmers who can absorb million-dollar fines very many
times and continue doing what they are doing.

If this amendment is not defeated, these damages to farm communities
will only grow. America's farmers and ranchers deserve our support.
They deserve to be able to make decisions about managing their land,
managing their crops, have crop rotations that make sense to them for
market conditions, or just allowing the land to rest without having to
seek an onerous permit if they let their land rest for a couple years,
this without more regulatory ambiguity and red tape.
Mr. Chair, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Mr. BEYER. Mr. Chairman, I tried to listen very carefully to my
friend from northern California.
Number one, I would love to come visit and talk to his farmers and
his ranchers, with his permission and accompaniment.
Number two, I think if there is administrative misuse, if there is a
reinterpretation of a law that has been in place for 40 years, let's
address that. Let's do that through the Department of the Interior. We
have, I believe, from the gentleman's perspective, a very friendly
administration. Let's make sure that they are implementing the law
appropriately.
By the way, I agree with the gentleman, it was never intended to
punish farmers.
The gentleman's northern California experience is different from ours
here. My mom and dad both grew up on farms in northern Virginia, which
are completely residential developments right now.
We want to make sure that we don't, with this rider, make it possible
for a farmer to change from farming to suburbia without ever obtaining
a permit,

[[Page H6460]]

and that is essentially what we have done.
By the wholesale nature of this repeal, of the nonstop to the
exemptions, we essentially really shortcut the Clean Water Act.
I urge us to look for a middle ground solution that answers the needs
of farmers without opening wide this exemption for any farming,
ranching, or grazing activity, forestry activity that might result in
this full repeal.
Mr. Chairman, I yield back the balance of my time.
Mr. LaMALFA. Mr. Chair, indeed, I appreciate my colleague's comments
and thoughts on this.
We are not talking about conversion to suburbia. We are talking about
a reinstitution of a crop that may have been lying fallow for a few
years or changing from a crop such as a hay crop to wheat.
Indeed, one of my growers up north got in big trouble because they
wanted to put in a wheat crop on their own land, which isn't wetlands
unless we want to start reinterpreting that way by EPA working with
their henchmen in the Army Corps, basically out of the Sacramento
office, to keep coming after him and finding more and more people. This
puts more wind in their sails to come after people who are making an
honest living, not trying to develop houses or suburbia.
Indeed, I would agree with the gentleman on that. And that is going
to require a fairly difficult permit process, especially in my home
State of California, if you want to start turning this ag land into
suburbia. It is not what we are after.
There was a farm bill some years ago called the Freedom to Farm. What
has happened to that? What has happened to that concept?
With clear exemptions in the Clean Water Act for normal farming
practices, not new interpretations that have been put in place in the
previous administration we are still trying to unwind and get their
attention on, that is why this amendment would be damaging towards that
effort.
It is not a fight over clean water; it is a fight over Federal
control. They never intended for this.
It is unfortunate I have to even be here today to defend simply
requiring the bureaucrats to follow the law and the clear exemptions
that were put in place under the Clean Water Act.
Activities of the EPA and Army Corps of Engineers go above the law to
impose these requirements, again, significantly expanding the
jurisdiction of the Clean Water Act, which clearly exceeds
congressional intent when they passed the Clean Water Act 40-plus years
ago.
Mr. Chair, again, I strongly oppose this amendment, and I urge my
colleagues to vote ``no.''
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Beyer).
The amendment was rejected.

Amendment No. 41 Offered by Mr. Beyer

The Acting CHAIR. It is now in order to consider amendment No. 41
printed in House Report 115-830.
Mr. BEYER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 138, beginning on line 10, strike section 431.

The Acting CHAIR. Pursuant to House Resolution 996, the gentleman
from Virginia (Mr. Beyer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. BEYER. Mr. Chairman, my amendment would strike section 431, which
repeals the current Clean Water Rule.
Without this Clean Water Rule, the streams that supply public
drinking water systems to one in three Americans will remain at risk.
Mr. Chairman, everyone agreed that clarity was needed in light of the
Supreme Court decisions in 2001 and 2006 that created uncertainty about
the scope of waters protected under the Clean Water Act. Calls for EPA
to issue a rule even came from such organizations as the National
Cattlemen's Beef Association, the American Farm Bureau Federation, the
Western Business Roundtable, and the National Association of
Manufacturers.
The EPA and the Corps solicited comments to clarify the scope of
waters protected under the Clean Water Act, and that included a lengthy
and inclusive public rulemaking process that included over 200 days for
public comment. The comment period was even extended twice in response
to extension requests.
The final rule reflected over 1 million public comments in the
proposal, the overwhelming majority of which supported the Clean Water
Rule. They had 400 meetings across the Nation with various
stakeholders.
The final Clean Water Rule was robust and ensured that water sources
were protected by taking into account the connected systems of water,
from wetlands and seasonal bodies of water to large rivers and lakes.
The requirements of the rule were meticulously developed and
addressed longstanding uncertainty, improving our national commitment
to protect not only America's water, but the American people.
About 117 million Americans get drinking water from streams that were
vulnerable to pollution before this new Clean Water Rule. Our health
and our lives depend on clean water, our economy depends on clean
water.
Mr. Chairman, what is unusual is the Trump administration is already
working to replace, revise the 2015 rule, so I am baffled why this
rider is necessary. Does the rider mean the Republican Party can't
trust its own EPA to write the rule to their requirements?
So I stand here today to denounce this unnecessary rider and to
defend clean water for the American people.
Mr. Chairman, I reserve the balance of my time.

{time} 2330

Mr. CALVERT. Mr. Chairman, I rise in strong opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. CALVERT. Mr. Chair, with the change of administrations, we were
able to reduce the number of issues addressed in this bill, but some
issues warrant continued congressional attention. WOTUS is one of them.
Deciding how water is used should be the responsibility of State and
local officials who are familiar with the people and the local issues.
Under the WOTUS rule, however, the reach of the Federal jurisdiction
would be so broad that it would significantly restrict a landowner's
ability to make decisions about their property and a local government's
right to plan for its own development.
The language in the underlying bill simply repeals the misguided
WOTUS rule and clarifies what rules will be in effect until a new rule
is finalized, specifically, the same rules that were in effect
immediately prior to the promulgation of the final WOTUS rule.
WOTUS is an issue that warrants continued congressional attention and
the provision in the underlying bill is the appropriate action to take.
For these reasons, I must urge a ``no'' vote on this amendment, and I
reserve the balance of my time.
Mr. BEYER. Mr. Chairman, I certainly respect the opinion of the
chair, but I do take issue with the notion that it is a misguided WOTUS
rule. There were 1 million comments, 400 meetings, and I served on the
Science, Space, and Technology Committee and National Resources
Committee in the last 2 years of the Obama administration when EPA
Administrator Gina McCarthy came to us and said that after the original
publication of the intended new clean water rule, there was so much
feedback that she went back to the drawing board for another year of
hearings and comments to address the many concerns that were raised by
farmers, cattlemen, and others, most of which were resolved at the
time.
Mr. Chair, I respect the notion that a new administration has the
right to go through the same process, the same hearings, and the same
public comment to modify the rule to evolve it as we move forward. But
to just throw out the old rule by a rider to an appropriations bill,
seems the wrong way to make law, the wrong way to govern.
Mr. Chair, I encourage my few colleagues here at a little bit before
midnight to vote ``yes'' on this amendment, and I yield back the
balance of my time.

[[Page H6461]]

Mr. CALVERT. Mr. Chairman, I urge a ``no'' vote on this amendment,
and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Beyer).
The amendment was rejected.
Mr. CALVERT. Mr. Speaker, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Lance) having assumed the chair, Mr. Budd, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 6147)
making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2019, and
for other purposes, had come to no resolution thereon.

____________________